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(a) "Alternative nicotine product" means an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.
(b) "Cigarette" includes clove cigarettes and hand-rolled cigarettes.
(c) "City park" means any unenclosed park, sports complex, or open space owned or managed by the City.
(d) "City sponsored event" means any event sponsored or co-sponsored by the City, whether held on property owned by the City or otherwise, that is open to the public.
(e) "Electronic Smoking Device" any device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen or e-hookah. Electronic smoking device includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(f) "Smoking" means the combustion of tobacco, including cigarette tobacco, pipe tobacco, cigar tobacco all other types and forms of tobacco products, and use of alternative nicotine products or electronic cigarettes.
(g) "Tobacco Product Paraphernalia" any product that is used to assist in chewing, smoking, absorbing, dissolving, inhaling, or any other consumption of nicotine to include, but not limited to pipes, rolling papers, and electronic cigarette cases.
(h) "Tobacco Product" any product that is made from or derived from tobacco, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus. The term also includes tobacco product paraphernalia, including but not limited to, electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, or liquids used in electronic smoking devices, whether or not they contain nicotine. Tobacco product does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
(i) No person shall engage in smoking or the use of tobacco products in a city park within one hundred fifty (150) feet of the following:
(1) Playground areas
(3) Ball fields
(4) Tennis courts
(5) Basketball courts
(j) No person shall engage in smoking or the use of tobacco product at City-sponsored events unless they are in a designated smoking area.
(k) Signs indicating that smoking and use of tobacco products are prohibited shall be clearly, sufficiently, and conspicuously posted in every location and at every location where smoking and tobacco use are regulated by this chapter in such a manner to give adequate notice to members of the general public.
(l) This chapter shall not be interpreted or construed to permit smoking or tobacco product use where it is otherwise restricted by law, nor to relieve any proprietor, employer, or other responsible party from any liability resulting from exposure to tobacco smoke.
(m) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 501.99. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 37-2019. Passed 4-11-19.)