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"Director" means the Director of Health or his or her designee.
"Tobacco Product" means (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated chewed, absorbed, dissolved, inhaled, snorted, or sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, bidis or snuff; (2) any device or component, part, or accessory that delivers nicotine alone or combined with other substances to the person using the device including but not limited to electronic cigarettes, cigars, or pipes, whether or not the device or component is sold separately. "Tobacco Product" does not include any product that has been approved by the United States Food and Drug Administration for use as a tobacco cessation product where such product is marketed and sold solely for such an approved purpose.
(a) The use of Tobacco Products is prohibited on all properties that are (1) designated or otherwise identified as being a sport or playing field for organized sports and (2) subject to the prohibition on smoking contained in Article 19I of the Health Code, "Prohibiting Smoking in City Park and Recreational Areas and Farmers' Markets."
(b) No owner, manager, or operator of a "sports arena" including stadiums as defined in Article 19F of the Health Code shall knowingly or intentionally permit, and no person on the premises shall engage in the use of tobacco products in any enclosed or open part of the sports arena.
The Director, after a noticed public hearing and consultation with the Director of the Recreation and Park Commission, may adopt rules and regulations to carry out the provisions of this Article 19O.
(a) Violations of Section 19O.3(a) that occur on property owned or under the jurisdiction of the City, including but not limited to the Recreation and Park Commission, are subject to the enforcement provisions, remedies and fines set forth in Article 19I of the Health Code.
(b) Violations of Section 19O.3(b) are subject to the enforcement provisions, penalties, remedies and fines set forth in Article 19F of the Health Code.
Any person who owns, operates, or manages property subject to this Article 19O is required to post clear and prominent "no use of smokeless tobacco products" signs at each entrance to the property. The Director shall specify the contents, size, and any other information that he or she believes necessary in the Rules and Regulations issued under this Article.
Nothing in this Article 19O shall be interpreted or applied as to create any requirement, power, or duty in conflict with any federal or state law.
If any section, subsection, sentence, clause, or phrase, or word of this Article 19O, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.
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