(a) Smoking is hereby prohibited in the Oregon Recreational Facility also known as the William P. Coontz Athletic Complex as defined in Section 521.101
(f)(l), except in the designated parking lots at or within the Complex.
(b) Smoking is hereby prohibited in any restroom, bathroom, storage shed, or any structure located at the William P. Coontz Athletic Complex, wherein the sole recreational activity occurring on said property is softball, baseball, football or soccer.
(c) No person found to be smoking in the Oregon Recreational Facility also known as the William P. Coontz Athletic Complex shall fail to immediately cease said activity when requested to do so by the Mayor, Service Director, Safety Director, Recreational Director, Police Officer, or person charged with management or care of any City-owned park or property, including a baseball or softball umpire or soccer official.
(d) Lack of intent to violate a provision of this chapter shall not be a defense to a violation.
(e) The provisions of this chapter shall be liberally construed so as to further its purpose of protecting public health and shall prevail over any less restrictive State or local laws or regulations. Nothing in this chapter shall be construed to permit smoking where it is otherwise prohibited by other laws or regulations.
(f) As used in this section:
(1) "The Oregon Recreational Facility also known as William P. Coontz Athletic Complex"" means and refers to , playing fields, concession stands, dugouts, bench areas, restrooms, or places provided for access to City-owned property, the William P. Coontz Athletic Complex, wherein the primary activity occurring on said property is softball, baseball, football or soccer
(2) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant or alternative nicotine product, including electronic cigarettes. "Smoking" does not include the burning of incense in a religious ceremony.
(3) "Alternative nicotine product" means, subject to division (A)(l ), an electronic cigarette or any other product or device that consists of or contains of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.
A. "Alternative nicotine product" does not include any of the following:
1. Any cigarette or other tobacco product;
2. Any product that is a "drug" as that term is defined in 21 U.S.C. 32l(g)(l).
3. Any product that is a "device" as that term is defined in 21 U.S.C. 32l(h)
4. Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(4) "Electronic Cigarette" means subject to division (d)(l)of this section, any electronic product or device that produces vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.
A. "Electronic Cigarette" does not include any item, product, or device described in division (A) 1 to 4 of this section.
(g) Whoever violates this section is guilty of smoking in public places prohibited, a minor misdemeanor.
(Ord. 086-2016. Passed 6-27-16.)