(a) Medical studies have conclusively shown that smoking and exposure to secondhand smoke from smoking causes illness and disease including lung cancer, heart disease, and respiratory illness. Smoking has been declared by the state legislature, pursuant to Ohio Revised Code Chapter 3794, to be a statewide concern. Pursuant to Ohio Revised Code sections 3794.01 et seq., there is now a uniform state-wide minimum standard to protect people from the health hazards associated with exposure to secondhand smoke from smoking. Therefore, it is in the best interests of public health that smoking be prohibited and/or restricted on outdoor public property owned by or under the control of the Village. It is the intent of this chapter to make air safer to breathe on all property owned by or under the control of the Village by banning smoking outdoors on all such property.
(b) The provisions of this chapter shall be liberally construed to further the purpose of protecting public health and shall prevail over any less restrictive state or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise prohibited by other laws or regulations including Ohio Revised Code sections 3794.01 et seq.
(c) Pursuant to Ohio Revised Code section 3794.05, the Village hereby declares any public outdoor property, as defined herein, which is owned and/or controlled by the Village and not otherwise qualifying as a nonsmoking place under Ohio Revised Code Chapter 3794, to be a nonsmoking place. (Ord. 3213-17. Passed 11-15-17.)