SEC. 7-275. VIOLATION OF WARNING OR EXCLUSION NOTICE.

   Any person who violates a provision of a warning notice or an exclusion notice to stay away from the library by physically entering a library facility during the exclusion period is guilty of a misdemeanor punishable as set forth in section 1-10 of this code.

(Ord. No. 2888, 2955)

ARTICLE XVI. RESERVED

Editor’s note:

   Article XVI, consisting of sections 7-280 through 7-285 was repealed by section 2 of Ord. 2994, passed 12-15-2020. This article related to cannabis and medical cannabis activities and was derived from Ord. Nos. 2898, 2911, and 2937.

ARTICLE XVII. REGULATION OF SMOKING

SEC. 7-290. DEFINITIONS.

   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)

SEC. 7-291. SMOKING REGULATIONS.

   (A)   Smoking shall be prohibited at the following locations in the city:

      (1)   Dining areas;

      (2)   Public events;

      (3)   Recreational areas;

      (4)   Service areas;

      (5)   Inside all facilities owned, leased or controlled by the city;

      (6)   Within a reasonable distance (25 feet) from an area where smoking is prohibited including any doorway, window, opening, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination.

(Ord. No. 2908)

SEC. 7-292. OTHER RESTRICTIONS.

   (A)   No person shall dispose of any cigarette, cigar or tobacco or electronic smoking device or any part of a cigarette or cigar or electronic smoking device except in a designated waste disposal container.

   (B)   Notwithstanding any other provision of this article, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment, whether enclosed or not.

   (C)   This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. 2908)

SEC. 7-293. POSTING OF SIGNS.

   (A)   Any owner, operator, manager, or other person who controls of an area in which smoking is prohibited by this article shall post a clear and conspicuous “No Smoking” or “Smokefree” sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). The city manager shall be responsible for administration of facilities owned or leased by the city.

   (B)   The presence or absence of signs shall not be a defense to a charge of violation of any provision of this article.

(Ord. No. 2908)