A. Definitions:
CITY PARK: Means and includes city owned parks and recreational areas, including, city owned spectator and concession areas, playgrounds, public squares, cemeteries, athletic fields, zoos and walking and biking trails, excluding city owned golf courses.
E-CIGARETTE: Means and includes any electronic oral device that provides a vapor of nicotine or other substance and which simulates smoking through its use or through inhalation of the vapor through the device; and includes an oral device that is composed of a heating element, battery, or electronic circuit and marketed, manufactured, distributed, or sold as an e-cigarette, e-cigar, e-pipe, or any other product name or descriptor, if the function of the product meets the definition of an electronic oral device.
MASS GATHERING: An outdoor assembly of fifty (50) or more people on city owned property that reasonably can be expected to continue for at least one hour.
SMOKE OR SMOKING: Means and includes possession, carrying, or holding a lighted pipe, cigar, e-cigarette, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, emitting, or exhaling of smoke of a pipe, cigar, or cigarette of any kind, or of any other lighted smoking equipment.
B. Prohibitions: Smoking is hereby prohibited:
1. In city parks,
2. Within twenty five feet (25') of bus stops,
3. Within fifty feet (50') of mass gatherings.
A violation of this section is an infraction punishable by a fine not to exceed twenty five dollars ($25.00) but not by imprisonment. Police officers shall have the discretion to issue a "warning" if they deem it is in the best interests of the city for the first offense.
C. Exceptions: The restrictions of this section are subject to any applicable state or federal exemptions.
D. Posting Of Signs: "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every city park. (Ord. 14-84, 2015)