(A) Definitions. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INDOOR AREA. Any enclosed area used or visited by employees or the public, at all times, regardless of whether work is being performed. INDOOR AREA includes, but is not limited to, work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and any other spaces used or visited by employees, as well as all space between a floor and ceiling that is predominately or totally enclosed by windows, regardless of doors, doorways, open or closed windows, stairways, or the like.
MARIJUANA PRODUCT. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt derivative, mixture, or preparation of such plant, its seeds or resin.
MUNICIPAL PROPERTY. All buildings, indoor areas, and outdoor areas, including but not limited to recreational areas, other property, or portions thereof, owned or operated by the City of Bethany, the Bethany Public Works Authority, the Bethany Development Authority, the Bethany Hospital Authority, or any public trust in which the City of Bethany is a trustor or beneficiary. This includes, but is not limited to, vehicles and equipment owned by the municipality and its public trusts.
NICOTINE PRODUCT. Any product that contains nicotine extracted or isolated from plants, vegetables, fruit, herbs, weeds, genetically modified organic matter, or that is synthetic in origin and is intended for human consumption. NICOTINE PRODUCT does not include products approved by the United States Food and Drug Administration for smoking cessation.
OUTDOOR AREA. Any area that is not an indoor area. This includes outdoor recreational areas.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.
TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption. TOBACCO PRODUCT does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product.
TRANSACTION SCAN. The process by which a seller checks, by means of a transaction scan device, the validity of a driver license or other government-issued photo identification.
TRANSACTION SCAN DEVICE. Any commercial device or combination of devices used at a point of sale or entry that is capable of deciphering in an electronically readable format the information encoded on the magnetic strip or bar code of a driver license or other government-issued photo identification.
VAPOR PRODUCT. Any noncombustible product, that may or may not contain nicotine, that employs 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 of a solution, that may or may not contain nicotine, or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device.
(B) Prohibited conduct.
(1) Smoking tobacco products, nicotine products or marijuana products or using any vapor product is prohibited in all places in which smoking or using tobacco products, marijuana products, or vapor products is prohibited by Oklahoma state law.
(2) Smoking tobacco products, nicotine products, marijuana products, or using vapor products is prohibited on all municipal property, both indoor and outdoor, including parks and recreational areas. No tobacco or marijuana smoking or marijuana vaping shall be allowed within 25 feet of the entrance or exit of any municipal building.
(3) Nothing in this chapter prohibits any person or entity from prohibiting the use of tobacco products, marijuana products, or vapor products on their property, even if the use of said products is not otherwise prohibited in that area.
(4) No person or entity shall knowingly permit the use of tobacco products, marijuana products, or vapor products in an area that is under the control of that entity and in which the use of said products is prohibited by law.
(5) No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law. The presence of ash receptacles shall not be a defense to a charge for the use of tobacco products, marijuana products, or vapor products in violation of any provision of this chapter.
(6) No person shall dispose of tobacco product, marijuana product, or vapor product waste within an area in which the use of said products is prohibited.
(7) No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this chapter.
(C) Required signage.
(1) The person or entity that has legal or de facto control of an area in which the use of tobacco products, marijuana products, or vapor products is prohibited by this chapter shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one other conspicuous point within the area.
(2) For the prohibition on the use of tobacco products, marijuana products, or vapor products in indoor areas, the sign or decal shall be at least four inches by two inches in size and shall clearly state that smoking is prohibited or that a tobacco-free environment is provided. For the prohibition on the use of tobacco products, marijuana products, or vapor products in outdoor areas, signs shall be weather-resistant, at least 15 inches by 15 inches in size with lettering of at least one inch, and shall clearly state that smoking is prohibited or that a tobacco-free environment is provided.
(3) For the purposes of this section, the City Manager or his/ her designee shall be responsible for the posting of signs on municipal property, both indoor and outdoor.
(4) Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products, marijuana products, or vapor products in violation of any other provision of this chapter.
(D) Penalties and enforcement.
(1) Enforcement of this subchapter regarding tobacco shall be the responsibility of the City of Bethany. Any peace officer or code enforcement official may enforce this section.
(2) Any person who knowingly violates this chapter shall be punished by a citation and fine of not less than $10 and not more than $100 in accordance with the Bethany Municipal Code.
(3) The possession of a lighted tobacco product in violation of this chapter is a nuisance.
(4) The use of a vapor product in violation of this chapter is a nuisance.
(5) Each instance of tobacco products, nicotine products, marijuana products, or vapor products in violation of this chapter shall constitute a separate violation.
(6) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter regarding tobacco products, marijuana products, or vapor products shall also constitute a violation of this chapter.
(7) The remedies provided by this chapter are cumulative and in addition to any other remedies available in law or in equity.
(8) Any violation of this chapter regarding tobacco products, nicotine products, marijuana products, or vapor products may be remedied by the City Attorney. The City Attorney may use the following remedies, including but not limited to, administrative or judicial nuisance abatement proceedings, criminal code enforcement proceedings, and suits for injunctive relief.
(E) Statutory construction. It is the intent of the City Council of the City of Bethany to supplement applicable state and federal law and not to duplicate or contradict such law.
(Prior Code, § 11-407) (Am. Ord. 1789, passed 8-7-07; Am. Ord. 1956, passed 4-17-18; Am. Ord. 2028, passed 6-21-22; Am. Ord. 2035, passed 9-20-22)
Statutory reference:
Smoking prohibited in public places; regulations, see 21 O.S. § 1247; 63 O.S. §§ 1-229.12 and 1-229.20