For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESIGNATED SMOKING AREA. An area approved from time to time by resolution by the Mayor and Town Council as an area where smoking is permitted, and which area is clearly delineated by signage.
ELECTRONIC SMOKING DEVICE. A device that can be used to deliver aerosolized or vaporized nicotine to an individual inhaling from the device.
(1) ELECTRONIC SMOKING DEVICE includes:
(a) An electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, a vape pen, and vaping liquid; and
(b) Any component, part, or accessory of such a device regardless of whether or not it is sold separately, including any substance intended to be aerosolized or vaporized during use of the device.
(2) ELECTRONIC SMOKING DEVICE does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.
ENVIRONMENTAL SMOKE AND ENVIRONMENTAL TOBACCO SMOKE. The complex mixture formed from escaping smoke of tobacco product, to include the burning of other plant or synthetic material or smoke, which is exhaled by the smoker.
LEASED BUILDING. A building leased exclusively to the town and those portions of any building that are exclusively leased to the town.
PARK. A park, playground, recreation center, or other lot in the town-owned, operated, or established by the town and devoted to recreation or a similar purpose.
PERSON. Any person, firm, partnership, association, corporation, company or organization of any kind.
PLAYGROUND. Any park or recreational area designed in part to be used by children that has play or sports equipment installed, or that has been designated or landscaped for play or sports activities.
PUBLIC PLACE. Any and all streets, sidewalks, boulevards, alleys, or other public ways, and any and all public parks, squares, spaces, grounds, and buildings.
RECREATIONAL AREA. Any town-owned or operated property open to the public for recreational purposes, including but not limited to athletic fields, playgrounds, open space, gardens, parks, patios, skate parks, plazas, pools, and trails.
RIVERWALK. The areas of land designated and distinguished on the numerous plats of the downtown area of Chestertown, Maryland, which designate the Riverwalk, which is comprised of the walking path, including the ramps placed thereon; recreational areas along the Riverwalk; the walkways connecting sidewalks to the Riverwalk; boat launches, and tables, pavilions, and benches placed thereon; and the recreational and entertainment areas surrounding and adjoining the boat launches, tables, pavilions, and benches, but excluding the parking lots adjoining the Riverwalk.
SMOKING. The burning, carrying, inhaling, or exhaling of a lighted or heated cigarette, cigar, pipe, tobacco product or plant-based product or synthetic matter intended for inhalation. Smoking includes the use of an electronic smoking device which creates an aerosol or vapor in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this chapter.
TOBACCO PRODUCT. A product that is:
(1) Intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:
(a) Tobacco; or
(b) Nicotine; or
(c) An accessory or a component used in any manner of consumption of a product described in division (1).
(2) Tobacco product includes:
(a) Cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus;
(b) Electronic smoking devices; and
(c) Filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.
(3) Tobacco product does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.
TOWN. Town of Chestertown.
TOWN GOVERNMENT OFFICE BUILDING. The building located at 118 North Cross Street including the steps adjacent to the building.
VAPOR(S). The exhaled product from an electronic smoking device.
(Ord. 03-2019, passed 2-3-2020)