(a) Purpose. The purpose of this section is to protect and promote the public health by reducing involuntary exposure to tobacco smoke and/or vapor from vapor products or alternative nicotine products in public places, in accordance with the intent of Act 198 of the Public Acts of 1986, as amended (M.C.L.A. 333.12601 et seq.).
(b) Prohibitions. An individual shall not smoke or vape in a public place or at a meeting of a public body, except in a designated smoking area and except as otherwise provided in this section.
(c) Definitions.
(1) As used in this section, "smoking," "public place," "public body" and "meeting" shall have the same meanings set forth in Act 198. Smoking shall include vaping. Vape or vaping is inhaling from a vapor product or alternative nicotine product.
(2) Vapor product or alternative nicotine product means a noncombustible product containing nicotine or not that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means regardless of shape or size that can be used to produce vapor from, nicotine or not, in a solution or other form. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine In a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration ("FDA") under subchapter V of the Federal Food, Drug and Cosmetic Act, 212 USC 351 to 360FFF-7.
(d) Smoking is prohibited within any part of any closed building, structure or vehicle owned, leased or operated by the city.
(e) Application of section. (Editor's Note: Division (e) was repealed by Resolution 02-542, passed September 23, 2002).
(Res. 02-542. Passed 9-23-02; Res. 2019-083. Passed 3-4-19; Res. 2019-083A. Passed 3-18-19.)