§ 139.06 USE OF TOBACCO PRODUCTS IN CITY RECREATIONAL AREAS.
   (A)   Definition.
      USE OF ANY FORM OF TOBACCO. All uses of tobacco, including inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, other lighted smoking device or papers for burning tobacco, or any other plant; chewing tobacco, snuff, or any other matter or substances that contain tobacco.
   (B)   Use of tobacco, tobacco products, or tobacco derivatives prohibited. No person shall use any form of tobacco at or on any city-owned or operated outdoor recreational facilities, including parking areas, restrooms, spectator, and concession areas, outdoor recreation facilities including playgrounds, athletic fields, aquatic areas, parks pavilions, shelters, and walking/hiking trails or paths.
   (C)   Posting of signs. City- owned or operated outdoor recreational facilities shall cause to be conspicuously posted “tobacco-free”, “no smoking”, or “smoking prohibited” signs at the entrance to each such facility.
   (D)   Citations. Citations for violations of this section may be issued by code enforcement officers, police officers, meter attendants, sanitarian litter control officer, and others assigned by the service-safety director.
   (E)   Penalty.
      (1)   It shall be the duty of the division of police acting in accordance with instructions issued by the mayor or the safety director, to accept the initial fine of $20 in payment for this violation, if the person committing such offense appears at the division of police within 24 hours after notice of violation. The failure of such person to make payment within 24 hours shall render the person subject to the penalty provided by division (E)(4) below.
      (2)   The fines collected by the Police Department shall be placed to the credit of the general fund.
      (3)   This section shall be compatible with and supplemental to other provisions of this code and shall not repeal such provisions.
      (4)   Whoever is convicted of or pleads guilty to any violation of this section is guilty of a minor misdemeanor, and shall be fined no more than $150.
(Ord. 20-2015, passed 8-11-15)