521.18 PROHIBITION ON USE OF TOBACCO AND VAPING PRODUCTS ON CITY PROPERTY.

   (a)   Definitions.

      (1)   “Tobacco product” means any product that is made from tobacco, including, but not limited to, cigarettes, clove cigarettes, hand-rolled cigarettes, cigars, pipe tobacco, chewing tobacco, pouch tobacco or snuff.

      (2)   “Vapor products” means (a) any product or device that, by any electronic or mechanical means, produces a vapor or aerosol that delivers nicotine or any other substance to the person inhaling from the product or device to simulate smoking; (b) any cartridge or container of a solution intended to be used with or in such a product or device or to refill such a product or device; and (c) any solution or substance intended for use in such a product or device, including but not limited to, concentrated nicotine. “Vapor product” includes but is not limited to electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vape pens, hookahs, steam stones or any similar products or devices.

      (3)   “Vape” or “Vaping” means consuming, inhaling or tasting any kind of vapor product.

      (4)   “Alternative nicotine product” means any product or device, other than a tobacco product as defined in subsection (a)(1) hereof or a vapor product as defined in subsection (a)(2) hereof, that consist of or contains nicotine that can be ingested into the body by any means including, but not limited to chewing, sucking, smoking, absorbing, dissolving or inhaling.

   (b)   Use Prohibited.

      (1)   No person shall use or smoke a tobacco product or alternative nicotine product, vapor product or engage in vaping, in any enclosed building or structure owned by, operated by, or leased for use by the City of Norwalk.

      (2)   No person shall use or smoke a tobacco product or alternative nicotine product, vapor product, or engage in vaping on the enclosed grounds of the outdoor swimming pool at the Ernsthausen Aquatic Center.

      (3)   No person shall use or smoke a tobacco product, vapor product or alternative nicotine product, vapor product or engage in vaping in or on any vehicle or equipment owned by, operated by, or leased for use by the City of Norwalk.

   (c)   Non-Applicability.

      (1)   This section does not apply to the use of an alternative nicotine product or the use of a vapor product dispensed and used in accordance with a prescription issued therefor by a person duly licensed to do so.

      (2)   This section does not apply to the use of a vapor product that does not deliver nicotine or the use of an alternative nicotine product that is approved for sale by the United States Food and Drug Administration and that is marketed and sold for such approved purpose.

   (d)   Penalty. Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 2016-013. Passed 2-16-16.)