(A) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe in any manner or in any form, including any electrical device that simulates the act of tobacco smoking.
(B) Violation. Smoking shall be prohibited at or on the Marine City Public Beach, and within 50 feet, excluding private property, of the Marine City Public Beach.
(C) Penalty. A person who violates this section shall be responsible for a municipal civil infraction, and shall be subject to the penalty provisions of § 10.99 of the Code.
(D) Miscellaneous.
(1) The prohibition on smoking at the public beach shall be communicated to the public by way of proper signage by the effective date of this section.
(2) This section shall not be interpreted nor construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws.
(3) This section shall be enforced by the Police Department, Code Enforcement Officer, or other authorized designee.
(4) Any member of the public who wishes to register a complaint under this section may initiate enforcement with the Police Department, Code Enforcement Officer, or other authorized designee.
(5) The Commission may, from time to time, suspend enforcement of this section by a vote of a majority of Commissioners present, on the motion of a Commissioner, for good cause shown, for a definite period of time not to exceed 72 hours.
(Ord. 12-02, passed 8-16-2012)