(A) American Indian/Alaska Native ceremonies.
(1) A person is exempt from the restrictions of this subchapter if the person:
(a) Is a member of an American Indian/Alaska Native tribe whose members are recognized as eligible for the special programs and services provided by the United States to American Indians/Alaska Natives who are members of those tribes;
(b) Is an American Indian/Alaska Native who actively practices an American Indian/Alaska Native religion, the origin and interpretation of which is from a traditional American Indian/Alaska Native culture;
(c) Is smoking tobacco using the traditional pipe of an American Indian/Alaska Native tribal religious ceremony, of which tribe the person is a member, and is smoking the pipe as part of that ceremony; and
(d) The ceremony is conducted by a pipe carrier, American Indian/Alaska Native spiritual person, or medicine person recognized by the tribe of which the person is a member, and by the American Indian/Alaska Native community.
(2) A religious ceremony using a traditional pipe under this section is subject to any applicable state or local law, except as provided in this section.
(B) First Amendment activities. A person is exempt from the restrictions of this subchapter if the person is smoking or using smoking materials to exercise protected First Amendment activities, such as smoking or the use of materials for bona fide religious purposes.
(Prior Code, § 8.10.030) (Ord. 13-2007, passed 10-3-2007) Penalty, see § 35.99