§ 96.05 USE OF TOBACCO PRODUCTS.

   (A)   No smoking will be allowed at any time in or about the city property described in division (C) of this section.

   (B)   This section does not apply to smokeless smoking-cessation aids.

   (C)   This section applies to the following properties owned, operated, or leased by the city:

      (1)   City buildings; any building owned, operated, or leased by the city;

      (2)   Milligan Park;

      (3)   The city pool and splash pad, which incorporates the entire fenced area of the pool, as well as any buildings located at the pool;

      (4)   The Marie Canine Plaza;

      (5)   Frances Wooden Northside Park;

      (6)   Lincoln Park;

      (7)   Nibble Park;

      (8)   Old Coke Plant;

      (9)   Philip Q. Michael Trailhead Park;

      (10)   Sugar Creek Trail;

      (11)   Pike Place Park;

      (12)   Pike Street from Walnut to Washington when gates are closed for events;

      (13)   Bark Avenue Dog Park;

      (14)   Sugar Creek Nature Park;

      (15)   Dr. Kathy Steele Playground;

      (16)   Downtown Trail;

      (17)   Elston Park;

      (18)   Any city-owned vehicle or operated vehicle; and

      (19)   Such other property as the city may designate from time to time by this amendment to this section.

   (D)   SMOKING is defined for purposes of this ordinance as, to ignite or cause to be ignited tobacco or tobacco products or derivatives, cigars, pipes, which includes but is not limited to tobacco, or a derivative thereof, the use of electronic cigarettes, or other devices utilized for "vaping" such as vapes, vaporizers, vape pens, hookahs, hookah pens, e-pipes, or any other product or derivative that emits a gas or cloud which is commonly understood to be smoke which may be or is intended to be inhaled by any person. This section also includes smokeless tobacco products such as chew or snuff.

   (E)   Any person violating this section will, upon conviction thereof, be fined $25, if the conviction is the first offense under this section. If this is the second conviction the fine will be $50. A third offense will result in a $75 fine and for each and every conviction thereafter a $75 fine.

(Ord. 8-2004, passed 6-14-04; Am. Ord. 26-2011, passed 10-10-11; Am. Ord. 20-2019, passed 9-9-19)