A. Alcohol: Persons at least twenty one (21) years of age and in possession of valid legal identification may possess beer and wine for personal consumption within Ada County parks and waterways property except for the following restricted areas: streets, parking lots, playgrounds, sports courts, sidewalks, pathways, restrooms, the Boise River, the Barber Park Beach, the Barber Park Education and Event Center premises when leased for a private function or event and within fifty feet (50') of the Greenbelt under the jurisdiction of the Ada County Parks and Waterways Department. Furthermore, no liquor, beer, or wine, as defined in Idaho Code sections 23-902(8), 23-1001(a) and 23-1303(a), as may be amended from time to time, may be brought to or served on any portion of Barber Park Education and Event Center premises or any portion of Ada County parks and waterways property that has been leased for a private function or event without a contract with Ada County expressly allowing for such possession or service or the Board's prior approval when leased for a private function or event.
B. Tobacco Products And Electronic Cigarettes Prohibited On Ada County Parks And Waterways Property: It shall be unlawful for any person to light, use, inhale, or consume any tobacco product or electronic cigarette on Ada County parks and waterways property outside of a designated "smoking permitted" area.
C. Director May Designate "Smoking Permitted" Areas: The Director may designate and post "smoking permitted" areas. The Director shall clearly and conspicuously post the smoking designated areas with prominently posted signs that read "Warning: Smoking Permitted". The designated smoking areas shall be at least twenty five feet (25') from any:
1. Outdoor playground,
2. Service line,
3. Outside entrance, operable window, and ventilation system of enclosed areas,
4. Outdoor arena, stadium, amphitheater, bleacher, or grandstand for use by spectators at sporting and other public events, and
5. Outdoor public transportation station, platform, or shelter under Ada County's jurisdiction.
The absence of such posted notices shall constitute evidence the Director has not approved any smoking areas within the area. This subsection does not apply to designated smoker outposts and ash receptacles on the patio at the Barber Park Education and Event Center.
D. Where Smoking Is Not Regulated: Notwithstanding any other provision of this chapter and section to the contrary, smoking in automobiles, whether in a parking lot or roadway, within Ada County parks and waterways property shall be exempt from the provisions of this chapter.
E. Violations: Violation(s) of subsection A of this section is an infraction and each violation is punishable by a one hundred dollar ($100.00) fine. Pursuant to Idaho Code section 39-5507, violation(s) of subsection B of this section is an infraction and each violation is punishable by a fine of seventeen dollars fifty cents ($17.50). (Ord. 844, 7-21-2015)