For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. A person who is employed by the town, or who contracts with the town or a third person to perform services for the town, or who otherwise performs services for the city with or without compensation.
GROUNDS. An unenclosed area owned, leased, or occupied by the town.
LOCAL HEALTH DEPARTMENT. The district health department, public health authority, or county health department, the jurisdiction of which includes the town.
PARKS SYSTEM. Any tract of land or body of water comprising part of the town's parks, playgrounds, natural areas, recreation areas, trails and greenways, and streams or other bodies of water.
SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
TOBACCO PRODUCT. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component part or accessory of a tobacco product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour, Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cutting and sweepings of tobacco; and other kinds and forms of tobacco. A TOBACCO PRODUCT excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.
TOWN BUILDING. A building owned, leased as lessor, or the area leased as lessee and occupied by the town.
UNIVERSAL 'NO SMOKING AND USE OF TOBACCO PRODUCTS PROHIBITED' SYMBOL. Symbol consisting of a pictorial representation of a burning cigarette and a tobacco product enclosed in a red circle with a red bar across it.
(Ord. 2015-01, passed 5-19-2015)
(A) Smoking and the use of tobacco products are prohibited:
(1) In any building owned, leased, or occupied, as herein defined, by the town;
(2) In any town vehicle owned, leased, or controlled by the town; and
(3) On any grounds and parks system that are owned, leased, or controlled by the town, unless specifically designated as a smoking area(s).
(B) Smoking and the use of tobacco products are prohibited in town buildings and on town grounds being used for private events.
(Ord. 2015-01, passed 5-19-2015)
(A) The town shall post signs that meet all the requirements in § 95.05.
(B) The town shall remove all ashtrays and other smoking receptacles from its buildings and grounds, except for ashtrays and receptacles for sale and not intended for use on the premises.
(C) The person in charge of the grounds of the town building, vehicle, or grounds, or his or her designee, shall direct a person who is smoking or using a tobacco product in a prohibited area to cease, and if the person does not comply, shall contact the Town Police Department.
(Ord. 2015-01, passed 5-19-2015)
The signs required by this chapter must:
(A) State in English that smoking and the use of tobacco products are prohibited, and include the universal "No Smoking and Use of Tobacco Products Prohibited" symbol;
(B) Be of sufficient size to be clearly legible to a person of normal vision, and be conspicuously posted;
(C) Be posted at each entrance to a town building and in other locations within the building to be reasonably calculated to inform employees and the public of the prohibition; and
(D) Be posted on the grounds of the town's parks system in locations and at intervals reasonably calculated to inform employees and the public of the prohibition.
(Ord. 2015-01, passed 5-19-2015)
The town shall engage in an ongoing program to explain and clarify the purposes and requirements of this chapter to employees and citizens affected by it, and to guide operators and managers in their compliance with it. In doing so, the town may rely upon materials and information provided by the local health department.
(Ord. 2015-01, passed 5-19-2015)
(A) Penalty for violation. Following oral or written notice by the person in charge of an area described in § 95.03, or his or her designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a fine of not more than $50. A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no court costs may be assessed.
(B) Additional sanctions for employees. In addition to any penalty under division (A), employees of the town who violate this chapter shall be subject to disciplinary action consistent with the town's personnel policy.
(Ord. 2015-01, passed 5-19-2015)