(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly requires a different meaning.
INDOOR AREA. Any indoor town-owned or town-operated property. An INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees or the public and all space between a floor and a ceiling which is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways or the like. The provisions of this section shall apply to such INDOOR AREAS at any given time, whether or not work is being performed.
OUTDOOR AREA. Any covered area, partially a covered area or area open to the sky, which is on a property owned or operated by the town.
RECREATIONAL AREA. Any area which is owned, controlled or used by the town and open to the general public for recreational purposes, 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.
TOBACCO-FREE. To prohibit the use of any tobacco product by anyone anywhere, at any time.
TOBACCO PRODUCT. Any product which contains or is derived from tobacco and is intended for human consumption, excluding drugs or devices approved for cessation by the U.S. Food and Drug Administration, being 21 U.S.C. §§ 301 et seq. This includes e-cigarettes and vapor products, with or without nicotine.
VAPOR PRODUCT. Noncombustible products which may or may not contain nicotine that employ a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, which can be used to produce a vapor in a solution or other form. VAPOR PRODUCTS 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 a similar product or device. VAPOR PRODUCTS do not include any products regulated by the U.S. Food, Drug and Cosmetic Act.
(B) Prohibition of tobacco and vapor products on town-owned/operated property.
(1) The possession of lighted tobacco in any form is a public nuisance and dangerous to the public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the town.
(2) All buildings and other properties, including indoor and outdoor areas, owned or operated by the town shall be entirely tobacco-free, to include all forms of tobacco products, including vapor products.
(3) All indoor and outdoor recreational areas owned or operated by the town shall be entirely tobacco-free, to include all forms of tobacco products, including vapor products.
(C) Posting signs or decals.
(1) The town shall be responsible for posting a sign or decal at least four inches by two inches in size at each entrance of the town-owned or town-operated property indicating that the property is tobacco-free.
(2) The posting of signs or decals is the responsibility of the manager or supervisor of the town-owned or town-operated facility.
(D) Enforcement. The state or local governmental agency shall, at a minimum, do the following in order to prevent tobacco and vapor product use in town-owned or town-operated places:
(1) Post signs at entrances to town-owned or town-operated places which state that tobacco use is prohibited; and
(2) Ask tobacco users to refrain from using any form of tobacco products, including vapor products, upon the observation of anyone violating the provisions of this section.
(Prior Code, § 10-311) (Ord. 2014-04, passed 10-14-2014) Penalty, see § 133.99