521.101 SMOKING, VAPING OR CONSUMING TOBACCO PRODUCTS PROHIBITED AT CITY PARKS, PIERS, PLAZAS AND BICYCLE PATHS.
   (a)   Definitions:
      (1)   As used in this section, "smoke" or "smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant.
      (2)   As used in this section, "vape" or "vaping" means to inhale and exhale the vapor produced by an electronic cigarette or similar device.
      (3)   As used in this section, "City Parks, Piers, Plazas, and Bicycle Paths" is are defined as Amvets Park, Battery Park, Central Park, Churchwell Park (MacArthur), Dorn Community Park, Facer Park, Farwell Park, Foxborough Park, Huron Park (including splash pad), Wightman-Wieber Park (Jaycee North), Jaycee Park South, Kiwanis Park, Lions Park, Orlando Pace Park, Jackson Street Pier, Schaeffer Park, Schade-Mylander Plaza, Shoreline Park, Sprau Park, Sandusky Bay Pathway, Sandusky Bay Pavilion, Venice Park, Washington Parks, Wilbert Park, and any other City Park(s) established after the effective date of this legislation.
      (4)   As used in this section, "Enclosed Public Place" is an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.
      (5)   As used in this section, "Enclosed Area" means an area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one. Enclosed Areas also include park shelters.
   (b)   No person shall smoke, vape, consume, or be smoking, vaping, or consuming tobacco at any of the City Parks, Piers, Plazas, Bicycle Paths or any Enclosed Public Places, including any ingress and egress access points (sidewalks, driveways, and parking lots) to the City Parks, Piers, Plazas, Bicycle Paths or Enclosed Public Places.
   (c)   Whoever violates this section is guilty of a minor misdemeanor.
   (d)   Lack of intent to violate this Section shall not be used as a defense to a violation of this Section. (Ord. 18-082. Passed 4-23-18.)