(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TO SMOKE and/or SMOKING. The inhaling, exhaling, burning, carrying or possessing of a lighted pipe, cigar, cigarette or other combustible tobacco product.
NONSMOKER. A person who does not smoke or who objects to smoking in his or her presence.
(B) Smoking prohibited in municipal buildings. It shall be unlawful for any person to smoke in any building or facility or portion of a building or facility now or hereafter owned, leased, operated, occupied, managed or controlled by the town; provided, however, that smoking shall be permitted in the fire engine parking bay area of the Fire Department building and in any municipal facility that is leased to another party and used for non-governmental purposes.
(C) Smoking prohibited in municipal vehicles. It shall be unlawful for any person to smoke in any vehicle now or hereafter owned or leased by the town; provided, however, smoking shall be permitted in vehicles in which the person who is smoking is the only occupant and in vehicles in which no nonsmoker is present.
(D) Penalty. Violation of this section shall constitute a misdemeanor punishable in accordance with § 130.99 of this chapter.
(E) Conflict of laws. If any portion of this section or the enforcement thereof is found to be preempted by state or federal law, such preemption shall not operate to invalidate the rest of the section and the same shall remain in full force and effect. All ordinances or parts of ordinances in conflict with this section are hereby repealed.
(OC, § 8-6-12) (Ord. passed 10-4-93; Am. Ord. 2011-021, passed 7-19-11) Penalty, see § 130.99