§ 9.11.105  DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   DESIGNATED SMOKING AREA. An area in the City Hall Courtyard that has designated by the City, in its discretion, as an area where smoking is permissible.
   ELECTRONIC SMOKING DEVICE. An electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
   ELECTRONIC SMOKING DEVICE PARAPHERNALIA. Cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, ELECTRONIC SMOKING DEVICE batteries, ELECTRONIC SMOKING DEVICE chargers, and any other item specifically designed for the preparation, charging, or use of ELECTRONIC SMOKING DEVICES.
   ENCLOSED AREA.  An area that is closed in by a roof and walls, with appropriate openings for ingress and egress.
   NON-ENCLOSED AREA.  A predominantly outdoor area that does not meet the definition of “enclosed,” including but not limited to, OUTDOOR DINING AREAS.
   OUTDOOR BAR PATIO.  Any non-enclosed area located on private or public property utilized primarily for the serving and/or consumption of alcoholic beverages, in which the serving and/or consumption of food is incidental to the serving and/or consumption of such beverages, and where minors are not allowed to enter and remain. OUTDOOR BAR PATIO does not include an OUTDOOR DINING AREA, regardless of whether alcoholic beverages are served and/or consumed therein.
   OUTDOOR DINING AREA.  Any non-enclosed area located on private or public property, made available to or customarily used by the general public, that is designed, established or regularly used for consuming food and/or beverages, or where food and/or beverages are served, whether or not for compensation. This includes, but is not limited to, restaurants, hotels, patios, and coffee shops. This does not include OUTDOOR BAR PATIOS.
   PARK OR RECREATIONAL AREA.  Any outdoor area, owned or operated by the City of Culver City, open to the general public for primarily recreational purposes, regardless of any fee or age requirement, including but not limited to, picnic areas, playgrounds, sports or athletic fields, walking paths, gardens, hiking trails, bike paths, skateboard parks and dog parks. A PARK OR RECREATIONAL AREA shall include the City Hall Courtyard (except in DESIGNATED SMOKING AREAS), Town Plaza, any paved public sidewalk immediately abutting the boundary of the PARK OR RECREATIONAL AREA, or any parking area within the boundaries of the PARK OR RECREATIONAL AREA.
   SMOKING or TO SMOKE.  The possession of a lighted or operating TOBACCO PRODUCT, lighted or operating TOBACCO PARAPHERNALIA, or any other lighted weed or plant, including a lighted pipe, cigar, hookah pipe, or cigarette of any kind; and the lighting or operation of a TOBACCO PRODUCT, TOBACCO PARAPHERNALIA, or any other weed or plant, including a pipe, cigar, hookah pipe, or cigarette of any kind, intended for human inhalation.
   TOBACCO PARAPHERNALIA. Any item designed or marketed for the consumption, use, or preparation of TOBACCO PRODUCTS. TOBACCO PARAPHERNALIA includes electronic smoking device paraphernalia. 
   TOBACCO PRODUCT shall mean:
      1.   Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to a cigarette, cigar, little cigar, chewing tobacco, pipe tobacco, snuff, or snus; and
      2.   Any ELECTRONIC SMOKING DEVICE and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine.
      3.   Notwithstanding the definitions set forth in subsections 1. and 2. to the contrary, TOBACCO PRODUCT includes any component, part, or accessory of subsections 1. and 2., whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and pipes.
      4.   TOBACCO PRODUCT does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(Ord. No. 2008-009 § 1 (part); Ord. 2020-005 § 1 (part))