For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTRONIC SMOKING DEVICE. Any electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine, or other substances. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, and electronic hookah, or any other product name of descriptor.
SIGNS. The person or entity that has legal or de facto control of an area in which the use of tobacco products or vapor products is prohibited by this subchapter shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one other conspicuous point within the area.
(1) For restrictions the use of tobacco products or vapor products in outdoor areas, the SIGN or decal shall be at least four inches by two inches in size and shall clearly state that use is prohibited or that a tobacco-free environment is provided. For restrictions on the use of tobacco products or vapor products in outdoor areas, SIGNS shall be weather-resistant, at least 15 inches by 15 inches in size, with lettering of at least one inch, and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided.
(2) For the purpose of this section, the town’s Mayor or his, her, or their designee shall be responsible for the posting of SIGNS on municipal property, both indoor and outdoor.
(3) Notwithstanding the provision, the presence or absence of SIGNS shall not be a charge of the use of tobacco products or vapor products in violation of any other provision of this chapter.
SMOKING. The carrying by a person of lighted cigar, cigarette, pipe, or other lighted smoking device.
TOBACCO PRODUCT Any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snuff, bidis, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the exception that the product or matter will be introduced into the human body. TOBACCO PRODUCT does not include and cessation product specifically approved by the U.S. Food and Drug Administration for use in treating nicotine or tobacco dependence.
TOWN PROPERTY/FACILITIES. Any area that is owned, operated, controlled or used by the town, the town’s Public Works Authority, including but not limited to; vehicles, equipment, buildings, facilities, machinery, and open areas.
TOWN RECREATIONAL AREA. Any area that is owned, controlled or used by the town 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, and playgrounds, sports fields, hiking trails, and walking tracks.
(Prior Code, § 3-301) (Ord. 2017-7, passed 8-17-2017; Ord. 2018-05, passed 9-4-2018)