(A) For purposes of this section, SMOKE or SMOKING means possessing a cigarette, e-cigarette, cigar, hookah, or pipe that contains tobacco, marihuana, or any other product that is lit or burning; lighting a cigarette, e-cigarette, cigar, hookah, or pipe that contains tobacco or any other product; or exhaling smoke from burning tobacco or any other burning product that is contained in a hookah, pipe, cigar, cigarette and/or e-cigarette.
(B) No person shall be allowed to engage in smoking in any city park, including, but not limited to, any playground, tennis court, community center or outdoor athletic complex owned or controlled by the city.
(C) A violation of this section shall constitute a municipal civil infraction, which shall be punishable by a fine of not more than $50 and costs. In the discretion of the court, community service may be ordered in lieu of a fine and costs.
(D) In addition to the issuance of a municipal civil infraction, a city employee or city police officer is authorized to require that a person who violates this section immediately leave the city park.
(E) The prohibition in this section against smoking is in addition to prohibitions against smoking in state law and in other ordinances or regulations and shall not be construed to permit smoking in areas where it is prohibited by state law or by other ordinances or regulations or on private property as determined by the private property owner.
(Ord. O-221, passed 8-24-2020, effective 9-3-2020)