§ 133.19  TOBACCO-FREE CITY-OWNED OR OPERATED PROPERTY.
   (A)   Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this division (A), except where the context clearly indicates a different meaning.
      INDOOR AREA.  Any indoor city-owned or 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 ceiling that 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 covered area or area open to the sky that is on a property owned or operated by the city, but does not include streets and sidewalks.
      RECREATIONAL AREA.  Any area that is owned, controlled or used by the city 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- and ice-skating rinks, lakes, beaches surrounding lakes and skateboard parks.
      TOBACCO PRODUCT.  Any product that contains or is derived from tobacco and is intended for human consumption excluding drugs or devices approved for cessation by the United States Food and Drug Administration.  This includes e-cigarettes and vapor products, with or without nicotine.
      TOBACCO-FREE.  To prohibit the use of any tobacco product by anyone, anywhere, at any time.
      VAPOR PRODUCT.  Noncombustible products, that may or may not contain nicotine, that employ 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 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 similar product or device.  VAPOR PRODUCTS do not include any products regulated by the United States Food, Drug and Cosmetic Act.
   (B)   Prohibition of tobacco products and vapor products on city-owned or operated property.
      (1)   The possession of lighted tobacco or marijuana in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the city.
      (2)   All buildings and other properties, including indoor and outdoor areas, owned or operated by the city, 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 city, shall be entirely tobacco free to include all forms of tobacco products including vapor products.
   (C)   Posting.
      (1)   A sign or decal, shall be posted at the entrance of each city-owned or operated property indicated that the property is tobacco- free.  The sign or decal will be at least four inches by two inches in size.
      (2)   The manager and/or supervisor of each city-owned or operated property is responsible for ensure the posting of the signs or decals required in division (C)(1) above.
   (D)   Enforcement.  The city shall, at a minimum, do the following in order to prevent tobacco and vapor product use in city-owned or operated places:
      (1)   A sign or decal, shall be posted at the entrance of each city-owned or operated property indicated that the property is tobacco- free and tobacco use is prohibited.  The sign or decal will be at least four inches by two inches in size.
      (2)   Tobacco users will be asked to refrain from using any form of tobacco products, including vapor products, upon observation of anyone violating the provisions of this section.
(`83 Code, § 10-419)  (Ord. 87-7, passed 2-2-87; Am. Ord. 2015-3, passed 3-16-15; Am. Ord. 2018-14, passed 8-6-18)  Penalty, see § 133.99