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Words used herein shall have the definitions as provided for in PA 188 of 2009, M.C.L.A. § 333.12601 et seq., as may be amended, except that the following definitions shall apply to this chapter:
E-CIGARETTE. An electronic, noncombustible device that employs a heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form, or marihuana/TCH in any form, and the use or inhalation of which simulates smoking. This term shall include any device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, vaporizer, or under any other such product name or descriptor.
SMOKING or SMOKE. The burning of a lighted cigar, cigarette, pipe, or any other matter or substance that contains a tobacco product or a marihuana product, and also includes the use of an e-cigarette to produce vapor from nicotine in a solution or other form, or marihuana/TCH in any form.
(Ord. 796, passed 1-7-2019)
Smoking is prohibited in any workplace and any food service establishment in the City of Charlevoix as provided in the Dr. Ron Davis Smoke-Free Air Law, PA 188 of 2009, M.C.L.A. § 333.12601 et seq., as may be amended. A workplace is a site employing at least one person. A food service establishment is any place with a license to serve food or beverages. This law covers public places, including, but not limited to, restaurants, bars, shopping malls, bowling alleys, concert halls, arenas, museums, mechanic shops, health facilities, nursing homes, education facilities, and child care centers. The terms and conditions of the Smoke-Free Air Law are adopted herein by reference except that, to the extent that this chapter is more restrictive than the Smoke-Free Air Law, the terms of this chapter shall govern.
(Ord. 796, passed 1-7-2019)
Smoking is prohibited within 25 feet of entrances, open windows and ventilation systems of all places where smoking is otherwise prohibited by this chapter. This prohibition shall not apply to persons who pass by such an entrance, open window, or ventilation system while traveling on a public street or sidewalk.
(Ord. 796, passed 1-7-2019)
A person shall not smoke in any park, designated beach area, or property owned or operated by the City. All parks, City property, and designated beach areas owned or operated by the City shall be so posted. This prohibition shall not apply to persons while traveling on a public street or sidewalk.
(Ord. 796, passed 1-7-2019)
A person who violates or fails to comply with this section shall be subject to any one or more of the following:
(A) Being asked to stop smoking or using tobacco products;
(B) Being asked to leave the premises;
(C) Responsible for a municipal civil infraction and subject to the civil fines set forth in this Code.
(Ord. 796, passed 1-7-2019)