(A) Definitions.
ELECTRONIC SMOKING DEVICE. An electronic device that creates an aerosol or vapor, or that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
REASONABLE DISTANCE. A distance of 25 feet in any direction from an area in which smoking is prohibited.
RECREATIONAL AREA. Any area that is owned, controlled or used by the city and open to the general public for recreational purposes, regardless of any fee or age requirement. The term RECREATIONAL AREA includes but is not limited to parks, picnic areas, playgrounds, sports fields, court yards, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, and skateboard parks.
SMOKE or SMOKED. The gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term SMOKE or SMOKED includes, but is not limited to, tobacco smoke, Electronic Smoking Device vapors, marijuana smoke, and crack cocaine smoke.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation, or the act of lighting or igniting a cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation.
TOBACCO PRODUCT:
(a) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
(b) Any Electronic Smoking Device.
(c) Notwithstanding any provision of divisions (a) and (b) to the contrary, TOBACCO PRODUCT includes any component, part, or accessory of a TOBACCO PRODUCT, whether or not sold separately. TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
(B) Applicability of chapter. The rules and regulations prescribed in this chapter shall govern the use of the city parks designated in § 12.32.010 as well as any future recreational area including, without limitation, the Hillside Wilderness Preserve. The City Council may, in its discretion, apply additional or more restrictive rules and regulations to specific parks or recreational areas based on unique circumstances.
(Ord. 2010-17 § 1, 2010; Ord. 2016-09 § 1, 2016)