(A) Purpose. The purpose of this section is to protect the public health and welfare by prohibiting smoking in city parks.
(B) City park facilities. All city park properties, including the Jimmy Nash City Park, the Mulberry Street Park, the Doris Daily Park, Victory Park, Southview Property Area and Robin Road Acreage are included in and subject to the provisions of this section.
(C) Enclosed areas as well as open areas. All smoking and vaping of any form shall be prohibited in all enclosed and outdoor areas within the above mentioned city parks.
(D) Enforcement. This section shall be enforced by the city, including the city’s Police Department, as well as the city’s Code Enforcement, Director of Public Works and Board of Public Works and Safety and their authorized assignees to enforce this section.
(E) Violations and penalties.
(1) A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of an infraction, punishable by a fine of $50.
(2) In addition to the fine established by this section, violation of this section is hereby declared to be a public nuisance, which may be abated by the city’s Board of Works by restraining order, preliminary and permanent injunctions or by other means provided for by law, and the city may take action to recover costs of the nuisance abatement.
(3) Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(4) The City Court and/or other court of competent jurisdiction shall have jurisdiction over such violations and penalties.
(Ord. 2017-1735, passed 1-17-2017)