6-29-1: DEFINITIONS:
The following words and phrases, whenever used in this chapter shall have the meanings defined in this section unless the context clearly requires otherwise:
   ELECTRONIC SMOKING DEVICE: Means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.
   PUBLIC PLACE: Means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement.
   REASONABLE DISTANCE: Means a distance of twenty five feet (25') in any direction from an area in which smoking is prohibited.
   RECREATIONAL AREA: Means any area that is owned, controlled or used by the City of Selma and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches. The term "recreational area" shall also include Pioneer Village.
   SMOKE: Means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic smoking device vapors, cannabis smoke, and crack cocaine smoke.
   SMOKING: Means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device, cannabis or any plant product intended for human inhalation.
   TOBACCO PRODUCT: Means:
   (A)   Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
   (B)   Any electronic smoking device.
   (C)   Notwithstanding any provision of subsections (A) and (B) of this definition to the contrary, "tobacco product" includes any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.
   UNENCLOSED AREA: Means any area that is not an enclosed area. (Ord. 2018-6, 5-7-2018)