(A) Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY FACILITIES. Includes the buildings and the grounds surrounding the Berne City Hall, Lehman Park, South Adams Senior Center, Berne Fire Station, Berne Public Safety Building, Berne City Garage and Water Works, and Berne Waste Treatment Plant, but shall exclude all public streets, alleys and rights-of-ways.
PERSON. Any man, woman, or child, regardless of age.
SMOKE or SMOKING. To ignite or cause to be ignited tobacco or a tobacco product or derivative, which includes, but is not limited to, tobacco, marijuana or a derivative thereof, such that the product or derivative emits a gas or cloud which is commonly understood to be smoke, which may be or is intended to be inhaled by any person.
(B) Prohibition. No person shall have in his or her possession any lighted tobacco product, tobacco derivative, including, but not limited to, pipes, cigars, cigarettes, or other devices used for smoking of tobacco or tobacco-like products, which includes, but is not limited to, tobacco, marijuana or a derivative thereof, within or upon the grounds of city facilities.
(C) Fine. Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine of $100.
(D) Venue. The Adams County Superior Court shall be the court of proper venue and jurisdiction for the enforcement of this section.
(E) Citations. Citations for violation of this section may be issued by any member of the city Police Department.
(Ord. 700, passed 1-22-18; Am. Ord. 706, passed 6-25-18)