For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise:
A. "Cannabis" has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time.
B. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
C. "Park" means any public place, whether publicly or privately owned, within the city, established as a recreational park and/or playground, or as trails, or otherwise as deemed within the jurisdiction of the Recreation Services Department of the city.
D. "Person" means any natural person, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.
E. "Smoke" or "Smoking" means:
1. Inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic.
2. Carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or
3. Using an electronic smoking device or hookah.
F. "Tobacco product" means:
1. Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
2. Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
3. Any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
"Tobacco product" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
G. “Tobacco product waste" means any component, part, or remnant of any tobacco product. “Tobacco product waste” includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.
(Ord. 839-2022, § 2, 2022)