(a) Except as otherwise provided in subsection (d), a person shall not possess or use a tobacco product, vapor product, or alternative nicotine product on school property or public property within 100 feet of school property.
(b) A person who violates subsection (a) is guilty of a civil infraction, punishable by a fine of $50.00.
(c) As used in this section:
(1) School property means a building, facility or structure and other real estate owned, leased, or otherwise controlled by a school district.
(2) Tobacco product means a product that contains tobacco and is intended for human consumption, including, but not limited to, a cigarette, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the tobacco products tax act, 1993 PA 327, MCL 205.432, and a cigar.
(3) "Vapor product" means a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking. Vapor product includes an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.
(4) "Alternative nicotine product" Means a noncombustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include a tobacco product, a vapor product, food, or a product regulated as a drug or device by the United States Food and Drug Administration under 21 USC 351 to 360fff-7.
(d) Subsection (a) does not apply to that part of school property consisting of outdoor areas including, but not limited to, an open-air stadium, during either of the following time periods:
(1) Saturdays, Sundays, and other days on which there are no regularly scheduled school hours.
(2) After 6:00 p.m. on days during which there are regularly scheduled school hours.
(e) The Chief of Police may appoint and deputize security officers who need not be regular employees of the city to enforce this section on school property.
(1) Security officers appointed pursuant to this section are hereby made empowered as special police officers for the purpose of enforcement of this section and they shall have the power and authority to issue citations for violations of this section. When an enforcement action or measures are taken pursuant to this section, security officers shall be subject to the supervision and control of the Police Department.
(Ord. 19 1006. Passed 9-18-19.)