(A)   Definitions. The following words and phrases, whenever used in this section, shall be construed as defined below.
      ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term ELECTRONIC SMOKING DEVICE includes, without limitation, any such device, whether manufactured, distributed, or sold, as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
      SMOKING. The inhaling, exhaling, burning, or carrying of any lighted or heated cigarette, cigar, pipe, electronic smoking device, or any other lighted or heated tobacco product or plant product intended for inhalation, including hookah and marijuana, in any manner or in any form.
   (B)   To protect the health and safety of Warrick County employees, patrons, visitors, and the general public, pursuant to I.C. 7.1-5-12 et seq., smoking shall be prohibited in, and within 30 feet of any entrance to and exit from, any and all facilities owned, leased, operated, or occupied by the Board of Commissioners of Warrick County or any other Warrick County department, agency, or office. Smoking shall also be prohibited on all stairways, ramps, and sidewalks owned by Warrick County which provide access to the foregoing facilities.
   (C)   The Warrick County public official in charge of each facility described in division (B) above
   (B) shall post at each entrance “County Ordinance Prohibits Smoking Within 30 Feet of this Entrance.”
   (D)   an employee who violates this § 39.02 shall be subject to disciplinary action, up to and including termination of employment.
   (E)   Pursuant to I.C. 7.1-5-12-8, a person who smokes in an area where smoking is prohibited by this § 39.02 commits prohibited smoking, a Class B infraction. Notwithstanding the foregoing, a person who smokes in an area where smoking is prohibited by this § 39.02 commits prohibited smoking, a Class A infraction if the person has been adjudged to have committed at least three prior unrelated infractions under this section or I.C. 16-41-37-4 (before its repeal).
   (F)   The enforcement of this § 39.02 shall be the responsibility of the Warrick County elected officials, department heads, Board of Commissioners, County Administrator, and the Warrick County Sheriff and his or her deputies.
(BC Res. 1987-6, passed 9-18-87; Am. BC Ord. 1997-18, passed 12-1-97; Am. BC Ord. 2006-04, passed 4-12-06; Am. BC Ord. 2013-18, passed 6-24-13; Am. BC Ord. 2020-01, passed 1-27-20) Penalty, see § 39.99