(A) Purpose and findings.
(1) The village is committed to providing a safe and healthy workplace and healthy environment for the visiting public and wishes to minimize the harmful effects of secondhand smoke exposure for employees and the public.
(2) The Board finds and declares that, in order to protect the public health and welfare, it is in the best interests of the citizens of the village to adopt an ordinance prohibiting smoking within 50 feet of any ball fields at Half-Moon Prairie Park.
(3) This section is enacted to protect, preserve, and promote the health, safety, welfare, and quality of life of the children and youth, citizens, employees, and the visiting public that use the ball fields located at Half-Moon Prairie Park.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BALL FIELD. The improved land used for athletic recreation that is contained within the fenced boundaries and is under the care, management, and jurisdiction of the village.
DESIGNATED SMOKING AREA. The village may allow smoking in specific, designated areas so long as those areas are located at least 50 feet from the fenced perimeter of the ball field.
NO SMOKING ZONE. The ball field and the area extending 50 feet beyond the fence boundaries of the ball field.
SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
TOBACCO PRODUCT. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means.
UNIVERSAL “NO SMOKING” SYMBOL. Symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
(C) Prohibited actions. It shall be unlawful for any person to smoke any tobacco product within the no smoking zone at Half-Moon Prairie Park.
(D) Implementation requirements.
(1) The village shall post signs that depict the Universal No Smoking Symbol around each ball field and within the no smoking zone.
(2) The village shall remove all ashtrays and other smoking receptacles from the no smoking zone.
(3) The acting official of Half-Moon Prairie Park, or his or her designee, shall direct a person who is smoking within the no smoking zone to cease and, if the person does not comply, shall contact the village or county local law enforcement agency.
(E) Signage. The signs required in division (E)(1) above must:
(1) Include the universal “no smoking” symbol;
(2) Be of sufficient size to be clearly legible to a person of normal vision, and be conspicuously posted; and
(3) Be posted approximately 50 feet from the fence boundary of each ball field to designate the beginning of the no smoking zone.
(Ord. 13-04, passed 7-15-2013) Penalty, see § 33.99