CITY PARK: Means and includes city owned parks, cemeteries, trails, ball diamonds, golf courses, soccer fields, and other recreation areas, but not designated smoking areas specified by the city. This definition applies only to this chapter, and is not intended for any other purpose, or to characterize as a park any area that is not otherwise a park under other applicable laws.
MASS GATHERING: An outdoor assembly of one hundred (100) or more people on city owned property that reasonably can be expected to continue for two (2) or more hours.
PUBLIC SAFETY BUILDING SQUARE: Means and includes all the grounds within the legal boundaries particularly described in exhibit A attached to the ordinance codified herein.
SMOKE OR SMOKING: Means and includes possession, carrying, or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting or emitting or exhaling of smoke of a pipe, cigar, or cigarette of any kind, or of any other lighted smoking equipment. (Ord. 64-13, 2013)
Smoking is hereby prohibited in city parks, light rail train stations, within twenty five feet (25') of bus stops, within fifty feet (50') of mass gatherings, and in public squares, in particular Library Square and the Public Safety Building Square, but in the case of the Public Safety Building Square, only if the city specifies a designated smoking area within the Public Safety Building Square. A violation of this chapter is an infraction punishable by a fine not to exceed twenty five dollars ($25.00) but not by imprisonment. Police officers shall have the discretion to issue a "warning" if they deem it is in the best interests of the city for the first offense. (Ord. 64-13, 2013)
A. American Indian/Alaska Native Ceremonies:
1. A person is exempt from the restrictions of this chapter if the person:
a. Is a member of an American Indian/Alaska Native tribe whose members are recognized as eligible for the special programs and services provided by the United States to American Indians/Alaska Natives who are members of those tribes;
b. Is an American Indian/Alaska Native who actively practices an American Indian/Alaska Native religion, the origin and interpretation of which is from a traditional American Indian/Alaska Native culture;
c. Is smoking tobacco using the traditional pipe of an American Indian/Alaska Native tribal religious ceremony, of which tribe the person is a member, and is smoking the pipe as part of that ceremony; and
d. The ceremony is conducted by a pipe carrier, American Indian/Alaska Native spiritual person, or medicine person recognized by the tribe of which the person is a member and by the American Indian/Alaska Native community.
2. A religious ceremony using a traditional pipe under this section is subject to any applicable state or local law, except as provided in this section.
B. First Amendment Activities: A person is exempt from the restrictions of this chapter if the person is smoking or using smoking materials to exercise protected First Amendment activity, such as smoking or use of materials for bona fide religious purposes. (Ord. 81-06 § 1, 2006)
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