(a) Smoking or the use of any tobacco product is prohibited in the following locations:
(1) Inside all buildings or structures owned or leased by the city.
(2) In any vehicle owned or leased by the city.
(3) On the following grounds and locations:
a. On all sidewalks in front of any building or structure owned or leased by the city.
b. Within a thirty (30) foot radius of any public entrance to any building or structure owned or leased by the city.
c. Within a ten (10) foot radius of any non-public entrance to any building or structure owned or leased by the city.
d. Within any park or greenway owned or leased by the city, including but not limited to the Community Building Park, the Community Building Splash Pad, the North Main Street Gazebo Park, the South Main Street Gazebo Park, the West Marion Community Park, the Cross Mill Community Park, the Eastfield Community Park, the Clinchfield Community Park, the Catawba River Greenway and the Historic Depot Courtyard.
e. Under the Historic Marion Tailgate Market Shade Shelter.
f. At any other location designated and posted as a "no smoking area" by the city.
(b) It shall be unlawful for anyone to deposit any portion of a cigarette, cigar, smoking device, or any refuse related to smoking on property, sidewalks, streets, alleys and rights-of-way owned, leased or maintained by the city, except in a receptacle designated for that purpose.
(c) It shall be a defense to any violation under this section that the violation occurred on private property.
(Ord. No. O-10-05-04-2, 2, 5-4-10)