(a) "Public outdoor place" means and refers to the following outdoor spaces and related areas which are owned or under the control of the City and are open to the public without regard to whether or not a fee or admission is charged:
(1) All public parks, including but not limited to, Kercher Community Park and Veteran's Memorial Park;
(2) The Germantown Aquatic Center;
(3) Where specifically restricted, some City-owned parking lots.
(4) "Public outdoor place" includes sidewalks and paths within the locations listed above, but does not include city-owned rights of way, streets, sidewalks, or alleys outside of the locations listed above.
(b) "Smoking" means inhaling, exhaling, burning, lighting, activating, or carrying:
(1) Any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant;
(2) Any activated electronic cigarette.
"Smoking" does not include the burning of incense, smudge sticks, or similar items in a religious ceremony.
(c) "Electronic cigarette" means any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. "Electronic cigarette" does not include:
(1) Any product that is a "drug" as that term is defined in 21 U.S.C. 32l(g)(l);
(2) Any product that is a "device" as that term is defined in 21U.S.C. 32l(h);
(3) Any product that is a "combination product" as described in 21 U.S.C 353 (g).
(d) The "City" means the City of Germantown.
(Ord. 17-09. Passed 3-20-17.)