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§ 32.12  RECONSIDERATION OF CLAIM.
   The Council may, in its sole discretion, reconsider a decision on a claim if it appears that the decision is inconsistent with a subsequent court ruling, administrative rule, or other change in the law; relating to Measure 49. The decision to reconsider may be made without notice or hearing, but the decision on reconsideration shall be made only after notice and opportunity to be heard consistent with the requirements for claim review provided under this subchapter for Council review. At the conclusion of the process, the City Recorder or Council may affirm, modify, or revoke the earlier decision. If the Council modifies or revokes a decision to waive one or more land use regulations, it shall issue an order setting forth such remedy as it deems appropriate to protect the public interest.
(Ord. 08-255, passed 3-4-2008)
§ 32.13  PROCEDURAL ERROR.
   No procedural defect in processing a claim shall invalidate any proceeding or decision unless the party alleging the error demonstrates prejudice to a substantial right. Inadvertent failure to provide notice or complete notice shall not be grounds for invalidating a decision.
(Ord. 08-255, passed 3-4-2008)
NO SMOKING REGULATIONS
§ 32.25  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ELECTRONIC SMOKING DEVICE. Any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use of inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or under any other product name of descriptor and any cartridge or other component of the device or related product.
   SMOKING. Any inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, weed, plant, or other tobacco like product or substance in any manner or in any form. SMOKING also includes the use of an electronic smoking device which creates a vapor, in any manner or in any form.
   TOBACCO PRODUCT. Any product that contains tobacco or is derived from tobacco and is intended to be introduced into the human body. TOBACCO PRODUCT includes any electronic smoking device. TOBACCO PRODUCT does not mean any product that the United States Food and Drug Administration has approved as a tobacco use cessation product.
(Ord. 2015-002, passed 6-22-2015)
§ 32.26  WHERE SMOKING IS PROHIBITED.
   Smoking shall be prohibited on all city-owned property, including, but not limited to, the following places in public places.
   (A)   Smoking shall be prohibited in all city-owned or managed parks and recreational facilities, including all parks, trails, open space, and special use areas. This does not include designated parking areas.
   (B)   (1)   Smoking shall be prohibited on all of the city-owned grounds, patios, plazas, steps, ramps, and facilities for the city’s public library, City Hall, and Legion Hall.
      (2)   This prohibition includes the parking lots. This prohibition includes any sidewalk, pedestrian way, driveway, planting area, public right-of-way, street curb, or gutter within 20 feet of the exterior of the buildings.
(Ord. 2015-002, passed 6-22-2015)  Penalty, see § 32.99
§ 32.27  POSTING SIGNS.
   ‘No smoking’ signs or the international ‘no smoking’ symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette) shall be clearly, sufficiently, and conspicuously posted at every building or other area where smoking is prohibited by this subchapter.
(Ord. 2015-002, passed 6-22-2015)
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