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The following words, phrases and terms, as used in this article, shall be construed as defined in this section:
(A) DINING AREA - Any area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used, for consuming food or drink.
(B) ELECTRONIC SMOKING DEVICE - An electronic or battery-operated device that delivers vapors of nicotine and/or other substances for inhalation. This term includes every variation and type of such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo. an electronic pipe, a vapor cigarette or any other similar product. This term does not include any product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment or prevention of diseases.
(C) PUBLIC EVENT - Any event open to the general public regardless of any fee or age requirements, including but not limited to farmers’ markets, parades, fairs or festivals.
(D) REASONABLE DISTANCE - A distance of 25 feet in any direction from an area in which smoking is prohibited.
(E) RECREATIONAL AREA - Any area that is publicly or privately owned, and open to the general public for recreational purposes regardless of any fee requirement, including but not limited to, parks, beaches, picnic areas, gardens, swimming pools, walking paths, skateboard parks and playgrounds.
(F) SERVICE AREA - Any publicly or privately owned area, including streets and sidewalks, designed to be used or regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term SERVICE AREA includes but is not limited to areas including or adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands.
(G) SMOKING - The carrying, inhaling, or emitting the fumes or vapors of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted or activated smoking product or equipment used to burn any tobacco product, weed, plant, or other combustible substance in any manner or in any form. SMOKING does not mean the combustion of material solely for olfactory purposes such as, for example, smoke from incense, that does not contain any tobacco or nicotine, or the emissions from a product specifically approved by the United State Food and Drug Administration for use in mitigating or preventing disease.
(Ord. No. 2908)