(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
HAMILTON MUNICIPAL BUILDINGS. Those structures owned, leased or otherwise occupied by the Town of Hamilton, Indiana, including, but not limited to all areas within said buildings or any additions thereto, including parks and recreational areas.
PERSON. Any man, woman or child, regardless of age.
PUBLIC PLACES. Any area to which the public is invited or in which the public is permitted and which is owned, leased, or otherwise operated and occupied by the Town of Hamilton; this definition includes, parks, playgrounds, Memorial Beach, and other recreational areas. PUBLIC PLACES shall specifically not include public rights-of-ways except those that are on or across real estate owned, leased, or otherwise occupied by the town, such as the Town Hall and police and fire stations.
SMOKE or SMOKING. To ignite or cause to be ignited tobacco or a tobacco product or derivative, which includes but is not limited to tobacco or a derivative thereof, including but not limited to e-cigarettes or other devices utilized for "vaping", such that the product or derivative emits a gas or cloud which may be or is intended to be inhaled by any person.
TOBACCO. Any of several plants belonging to the genus Nicotiana, of the nightshade family, especially one of those species, as N tabacum, whose leaves are prepared for smoking or chewing or as snuff; the prepared leaves as used in cigarettes, cigars, and pipes, any product or products made from such leaves; on any various similar or genera.
(B) Prohibition. No person shall have in his/her possession any lighted tobacco product or tobacco derivative, including, but not limited to pipes, cigars, cigarettes or other devices used for the smoking of tobacco or tobacco-like products, which includes, but is not limited to, tobacco or a derivative thereof as otherwise defined in this section, and also including e-cigarettes or other devices utilized for "vaping", while within any municipally owned, leased or occupied buildings or real estate within the Town of Hamilton, Indiana. The Fire Chief of the Town of Hamilton, may, by written order, designate one area outside but adjacent to the fire station where the possession of a lighted tobacco product may be lawful and appropriate signage may be installed advising occupants of such structure of such location. The Marshal of the Town of Hamilton, by written order, may designate one area outside of but adjacent to a place where the possession of a lighted tobacco product may be lawful and appropriate signage may be installed advising occupants of such structure of such location. The Town Manager of the Town of Hamilton may, by written order, designate one area outside but adjacent to the town hall, where the possession of a lighted tobacco product may be lawful and appropriate signage may be installed advising occupants of such structure of such location. Such written orders, before becoming effective, must be approved by the Town Council.
(C) Posting of signs. "No smoking" signs or the international "no smoking” symbol (consisting of a pictorial representation of a burning cigarette with a red circle and a red bar through it) shall be clearly, sufficiently and conspicuously posted in every building or other area where smoking is prohibited by this section. Such signs may be posted by any authorized employee, agent or representative of the Town of Hamilton.
(D) Fine. Any person who violates the provisions of this section shall be guilty of an infraction, punishable by a fine of $100 for the first offence and then $200 for any and all subsequent offenses.
(E) Enforcement. Enforcement of this section shall be implemented by any member of the Town Marshal Department, including reserves, or by any other town employee or official, duly authorized by the Town Council. Any citizen who desires to register a complaint under this section may initiate enforcement by filing the appropriate complaint to the Town Manager or to the Town Marshal.
(Ord. 2022-3, passed 10-10-22)