521.10 SMOKING BAN - VILLAGE PROPERTY.

   (a)    Declaration of Nonsmoking Places, Prohibition.

      (1)    Pursuant to Ohio R.C. 3794.05, the Village hereby declares all property owned and/or controlled by the Village and not otherwise qualifying as a nonsmoking place under Ohio R.C. Chapter 3794, to be a nonsmoking place.

      (2)    No person shall refuse to immediately discontinue smoking in the areas declared nonsmoking places by this section when requested to do so by any Village officer or employee.

   (b)    Definitions. As used in this Section:

      (1)   A.    "Alternative nicotine product" means, subject to subsection (b)(1)B., an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.

         B.    "Alternative nicotine product" does not include any of the following:

            1.    Any cigarette or other tobacco product;

            2.    Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);

            3.    Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);

            4.    Any product that is a "combination product" as described in 21 U.S.C. 353(g).

      (2)   A.    "Electronic cigarette" means, subject to subsection (b)(2)B. of this section, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.

         B.    "Electronic cigarette" does not include any item, product, or device described in subsection (b)(1)B.1. to 4. of this section.

      (3)    "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, other lighted smoking device for burning tobacco or any other plant, or alternative nicotine product, including electronic cigarettes. "Smoking" does not include the burning of incense in a religious ceremony.

   (c)    Penalties. Whoever violates any provision of this section is guilty of a minor misdemeanor.

   (d)    Relation to Other Law. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by law, nor to relieve any proprietor, employer or other responsible party from any liability resulting from exposure to tobacco smoke.

   (e)    Severability. If any provision, clause, sentence or paragraph of this section, or the application thereof to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions, or application of the provisions of this section which can be given effect without the invalid provision, or application, and to this end the provisions of this section are hereby declared to be severable.

(Ord. 2021-01. Passed 3-15-21.)