1064.04   TOBACCO FREE ZONES.
   (a)   Purpose. Tobacco free zones shall be created in City owned and operated parks. No person shall use any form of tobacco within the created zones in the City operated parks and facilities including the restrooms, spectator and concession areas, playgrounds, swimming pools, athletic fields/courts, open air shelters, and special event venues.
   (b)   Definitions.
      (1)   "Tobacco" is to include any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means or any component, part, or accessory of a tobacco product to include but not limited to: any lighted or unlighted cigarette, cigar, pipe, and any other smoking product, and spit tobacco, also known as smokeless tobacco, dip, chew, snus, and snuff, in any form including, "e-cigarette" and electric nicotine delivery systems (ENDS).
      (2)   "Smoking" means inhaling, exhaling, burning, or carrying any lighted tobacco product, includes cigarettes, cigars, pipe tobacco, or any other lighted combustible plant material.
      (3)   "Exemption - nicotine use" means only FDA approved cessation products are allowed. This includes: nicotine gum, nicotine lozenge, nicotine patch, pharmaceutical nicotine inhaler (this does not include any form of e-products) and nicotine nasal spray.
      (4)   "Tobacco free zones" are, at minimum, twenty feet away from any prohibited space or structure where tobacco use is prohibited, as designated by signage.
   (c)   Enforcement.
      (1)   Appropriate signs shall be posted in the prohibited areas.
      (2)   The community, especially facility users and City staff, will be notified about this section.
      (3)   City staff will make periodic observations to monitor for compliance.
      (4)   Any person(s) found violating this section may be asked to leave the facility for the remainder of the event.
(Res. 16-03R. Passed 5-2-16.)