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(a) "Public outdoor property" means and refers to the following outdoor property, places, spaces and related areas owned and/or controlled by the Village and open to the public without regard to whether a fee for admission is charged:
(1) All public parks including, but not limited to, Woodland Park bounded on the north by E. Fifth Street and Ohio Avenue and bounded on the south by E. Seventh Street, including all sports fields, baseball fields, softball fields, volleyball courts, tennis courts, basketball courts, playgrounds, the splash-pad, trails, and all pavilions, bathrooms, surrounding areas and grounds;
(2) All exterior areas of the Village buildings including, but not limited to, the Municipal Building located at 451 Ohio Avenue, the Recreation Building located at 500 Ohio Avenue, and the Street and Water Department Garages located at 200 Second Street; and
(3) All Village owned parking lots.
"Public outdoor property" includes sidewalks and paths within the locations listed above, but does not include Village owned rights of way, streets, sidewalks, or alleys outside of the locations listed above.
(b) "Smoking" means inhaling, exhaling, burning, lighting, or carrying:
(1) Any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant; or
(2) Any activated electronic cigarette.
"Smoking" does not include the burning of incense in a religious ceremony.
(c) "Electronic cigarette" means 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 likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. "Electronic cigarette" does not include:
(1) Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
(2) Any product that is a "device" as that term is defined in 21 U.S.C. 321(h); or
(3) Any product that is a "combination product" as described in 21 U.S.C. 353(g). (Ord. 3213-17. Passed 11-15-17.)