For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SMOKING DEVICE. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
INDOOR WORKPLACE. Any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant, or volunteer. An INDOOR WORKPLACE includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed section shall apply to such INDOOR WORKPLACE at any given time, whether or not work is being performed.
OUTDOOR AREA. Any covered area, partially covered area, or area open to the sky that is on a property owned by the city.
PUBLIC PLACE. Any enclosed indoor area where individuals other than employees are invited or permitted; the term is synonymous with the phrase ANY INDOOR PLACE USED BY OR OPEN TO THE PUBLIC.
RECREATIONAL AREA. Any area that is owned, controlled, or used by the city, regardless of any fee or age requirement. The term RECREATIONAL AREA includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller-skating and ice-skating rinks, beaches surrounding lakes, and skateboard parks.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.
TOBACCO PRODUCT. Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. TOBACCO PRODUCT does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
VAPOR PRODUCT. Any noncombustible products that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. VAPOR PRODUCT shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar products or devices. VAPOR PRODUCT shall not include any products regulated by the United States Food, Drug, and Cosmetic Act, being 21 U.S.C. §§ 301 et seq.
(Prior Code, § 26-115) (Ord. 2014-048, passed 12-1-2014)