8.73.010 Definitions
   A.   "Playground" means any park or recreational area specifically designed to be used by children that has play equipment installed, or any similar facility located on public or private school grounds, or on any City park grounds.
   B.   "Tot lot sandbox area" means a designated play area within a public park for the use by children under five years of age. Where the area is not contained by a fence, the boundary of a tot lot sandbox area shall be defined by the edge of the resilient surface of safety material, such as concrete or wood, or any other material surrounding the tot lot sandbox area.
   C.   "Public Park," "Park," or similar term, includes, but is not limited to, all grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of or otherwise operated by the Parks and Recreation Department.
   D.   "Smoke" or "smoking" means the igniting, inhaling, exhaling, or carrying of any burning cigar, or cigarette of any kind, or the igniting, inhaling, exhaling or carrying a pipe or other device for smoking, containing any burning substance of any kind, including, but not limited to tobacco, or any other weed or plant.
   E.   "Cigar'' shall have the definition as currently set forth in California Health and Safety Code Section 104550, or its successor section, as amended.
   F.   "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; (2) tobacco, in any form, that is functional in the product, which because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or (3) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in this section. "Cigarette" also includes "roll-your-own" tobacco, meaning any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by consumers as tobacco for making cigarettes.
Ord. MC-1319, 11-16-09