(a) A "smoke free zone" in a "public outdoor place" means and refers to outdoor spaces which are owned or under control of the City of South Euclid and open to the public without regard to whether or not a fee or admission is charged and includes but is not limited to: Quarry Park including the splash park, ballfields and dog park and greenspace areas; South Euclid War Memorial; Victory Park; Bexley Park including the swimming pool, ballfields, playgrounds and greenspace areas; Oakwood Nature Reserve; Food Truck Park; and City-owned parking lots.
(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, cannabis, THC and electronic smoking devices (ESD), such as e-cigarettes and vape pens. "Smoking" does not include the burning of incense in a religious ceremony.
(c) Smoking is hereby prohibited in a public outdoor place as defined in division (a) of this section. No person found to be smoking in a designated smoke tree zone shall fail to immediately cease said activity when requested to do so by the Mayor, Service Director, Safety Director, Parks & Recreation Director, Police Officer, or person charged with management or care of any City-owned park or property, including a recreation or other City 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. Upon conviction for a first offense the fine shall not be more than twenty dollars ($20.00); upon conviction of a second offense the fine shall be seventy-five dollars ($75.00); upon conviction of a third or subsequent offense the fine shall be one hundred fifty dollars ($150.00).