521.17 ESTABLISHING SMOKE FREE ZONES.
   (a)   A "smoke free zone" in a "public outdoor place" means and refers to outdoor spaces in the following designated areas: The Dog Park at Quarry Park, all fenced in City playgrounds, the Playground at Quarry Park, Victory and Bexley Pools in the enclosed fenced in areas, and the Quarry Park Splash Park in the enclosed fenced in area.
   (b)   "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant. "Smoking" does not include the burning of incense in a religious ceremony.
   (c)   No person found to be smoking in a designated smoke free zone shall fail to immediately cease said activity when requested to do so by the Mayor, Service Director, Safety Director, Recreational Director, Police Officer, or person charged with management or care of any City-owned park or property, including a recreation official.
   (d)   Lack of intent to violate a provision of this chapter shall not be a defense to a violation.
   (e)   Whoever violates any provision of this chapter will be provided with a warning for the first offense and is guilty of a minor misdemeanor for each subsequent offense beginning with the second.
(Ord. 45-08. Passed 3-22-10.)