(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
E-CIGARETTE. An e-cigarette is a device that contains a cartridge filled with nicotine, flavor and other chemicals and which turns nicotine and/or chemicals into a vapor that is then inhaled by the user.
PARK. Any public park or recreation area within the city that is open to and used by the general public.
PUBLIC IMPROVEMENT. Any piece of playground equipment, any bleacher or riser, any play field for baseball, softball, football, t-ball, soccer and/or football and any building structure shall constitute a Public Improvement for purposes of this chapter. Any bench and/or picnic table not located within 15 feet of a public improvement shall not constitute a public improvement under this chapter.
SMOKELESS TOBACCO. Includes any tobacco product including but not limited to pouch, dip, chew, snuff, and chaw.
SMOKE or SMOKING. The carrying or holding of a lighted pipe, cigar, cigarette or e-cigarette of any kind or any other lighted smoking equipment or the lighting or emitting or exhaling of the smoke of a pipe, cigar, cigarette or e-cigarette of any kind. SMOKE also means the gaseous products and particles created by the use of a lighted pipe, cigar, cigarette or e-cigarette of any kind or any other lighted smoking equipment.
(B) Prohibition. Smoking, the use of e-cigarettes, and the use of smokeless tobacco products is hereby prohibited within 15 feet of public improvements in all city parks.
(C) Violations and penalties.
(1) A person who smokes, utilizes an e-cigarette, or utilizes smokeless tobacco in an area prohibited by this chapter shall be guilty of an infraction, punishable by a fine of $100 for the first violation, one $150 for the second violation and $200 for each subsequent violation.
(2) A person who is given notice of this violation by a City of Paxton Police Officer and who fails to abide by the direction to comply with this chapter shall then become a trespasser and may be removed from said park for a period of 24 hours.
(3) Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.
(Ord. 17-45, passed 11-14-17)