(a) Definitions.
(1) Tobacco Product means:
A. A cigar.
B. Smoking tobacco, including granulated, plug-cut, crimp-cut, ready- rubbed and any form of tobacco suitable for smoking in a pipe or as a cigarette; or
C. An article or product that is made of tobacco or a tobacco substitute and that is not a cigarette.
(2) For purposes of Section 521.04 “Cleveland Metroparks zoo grounds” means: any property which is owned by Cleveland Metroparks situated in the zoo and includes, zoo grounds, Cleveland Metroparks offices and administration buildings, picnic areas, utility buildings, and parking lots, except (1) the Bear, Hippo, Lion, Otter and Stork Parking Lots; and (2) the staff service areas off of Fulton Road and behind the Rainforest, the Elephants, the Giraffes, the Primate, Cat and Aquatics and the Sea Lions.
(b) Violation. A person commits an offense if the person uses a tobacco product on Cleveland Metroparks Zoo property.
(c) Posting of Signs. The Police Officer Chief shall arrange for erecting or posting of signs indicating that smoking is prohibited throughout the Cleveland Metroparks zoo property.
(d) Penalties. An offense under this Code is an unclassified misdemeanor punishable by a fine not to exceed one hundred fifty dollars ($150.00) for the first offense and not more than one thousand dollars ($1,000.00) for each subsequent offense. (ORC 1545.99)
(e) Severability. If any provision or part thereof, in this Code shall be held invalid or unconstitutional by a court of competent jurisdiction, then that adjudication shall not affect the validity of the Code as a whole or of any section, provision or part thereof not adjudged invalid or unconstitutional.
(f) Emergency. The fact that the Cleveland Metroparks does not have adequate regulations governing the use of tobacco products on Cleveland Metroparks Zoo property as described in this Code creates an urgency and emergency in the immediate preservation of the public health, peace and safety that requires this Code shall become effective immediately upon its passage and publication, and it so is Codified.