(A) Smoking shall be prohibited on the beach and at beach access points.
(B) For the purposes of this chapter smoking shall be defined as the carrying or holding of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco product, plant, or any other combustible substance. Smoking includes emitting or exhaling the fumes or vapor of any pipe, cigar, cigarette, electronic smoking device, or any other lighted smoking equipment used for burning any tobacco product, plant, or any other combustible substance.
(C) No person shall dispose of any cigarette, cigar, tobacco, or smoking product or equipment or any part thereof, on any beach or beach access point, except in a designated waste disposal container. Violations hereof are also punishable as violations of § 151.13, and subject to any criminal, civil or other legal remedies established by law that may be pursued to address littering and violations of the municipal code.
(D) The Public Safety Department, as well as all code enforcement personnel, shall have the power to enforce the provisions of this section.
(E) A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of an infraction, and be subject to a fine of $25 for the first violation; $50 for a second violation within one year; and $100 for a third and subsequent violations within one year.
(Ord. 07-21, passed 3-10-2021)