(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.
HOOKAH. A water pipe and any associated products and devices which are used to produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco, shisha, or other plant matter.
PLACE OF EMPLOYMENT. An area under the control of a public or private employer, including, but not limited to, work areas, construction sites, temporary offices, restroom facilities, and vehicles.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including hookahs and marijuana, whether natural or synthetic, in any manner or in any form. SMOKING also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purposes of circumventing the prohibition of smoking in this section.
(B) It shall be the policy of the Town of New Palestine, Indiana that tobacco use, including, but not limited to, smoking, the use of electronic smoking devices, hookahs and/or marijuana shall be prohibited in, on, or around any enclosed facility, any vehicles, machinery, or equipment owned, leased, or operated by the town, as well as upon all outdoor property owned, leased, or operated by the town, including, but not limited to, parking lots, parks, and other recreational areas.
(C) It shall be the policy of the town that:
(1) Tobacco use, including, but not limited to, smoking, the use of electronic smoking devices, hookahs and marijuana shall be prohibited in all outdoor places where employees, visitors, clients, contractors and/or vendors of the town may be found. This includes, without limitation, work areas, construction sites, temporary offices such as trailers, restroom facilities, conference and meeting rooms, elevators, hallways, employee lounges and stairs.
(2) This prohibition on smoking shall be communicated to all existing employees by the effective date of this section and to all prospective employees upon their application for employment.
(3) This policy applies to all employees, clients, contractors, and visitors.
(D) "Smoking" signs or the international "smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in appropriate locations as determined by the Town Council or an authorized designee, including upon every vehicle, piece of machinery or equipment owned, leased, or operated by the town, in addition to which all ashtrays shall be removed from any area that is subject to this section.
(Res. 091620, passed 9-16-2020)