(A) It is the intent of the City Council, in enacting this section, to provide for the public health, safety and welfare by discouraging the inherently dangerous behavior of tobacco product and vapor product use around non-users, especially children; by protecting the public from exposure to secondhand smoke where people work, play and learn; by reducing the potential for children to wrongly associate tobacco product and vapor product use with a healthy lifestyle; and by affirming and promoting a healthy environment in the city.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INDOOR AREA. Any enclosed area used or visited by employees or the public, at all times, regardless of whether work is being performed. INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and any other spaces used or visited by employees, as well as all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways or the like.
MUNICIPAL PROPERTY. All buildings, indoor areas and outdoor areas, including, but not limited to, recreational areas and other property, or portions thereof, owned or operated by the city, including, but not limited to, vehicles and equipment owned by the municipality.
OUTDOOR AREA. Any area that is not an indoor area, and includes outdoor recreational areas.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption. TOBACCO PRODUCT does not include any product approved by the United States Food and Drug Administration for sale as a tobacco-cessation product.
VAPOR PRODUCT. Any non-combustible product that may or may not contain nicotine that employs a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. VAPOR PRODUCT shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or similar product or device or any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo or electronic device.
(C) (1) Smoking tobacco products is prohibited in all places in which smoking tobacco products is prohibited by state law.
(2) Using tobacco products and vapor products is prohibited on all municipal property, indoor and outdoor, including parks and recreational areas.
(3) Nothing in this section prohibits any person or entity from prohibiting the use of tobacco products or vapor products on his, her or their property, even if the use of tobacco products or vapor products is not otherwise prohibited in that area.
(4) No person or entity shall knowingly permit the use of tobacco products or vapor products in an area that is under the control of that person or entity and in which the use of tobacco products or vapor products is prohibited by law.
(5) No person or entity shall permit the placement of ash receptacles, such as ashtrays or ashcans, within an area under the control of that person or entity and in which smoking is prohibited by law. However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any provision of this section.
(6) No person shall dispose of tobacco product or vapor product waste within an area in which the use of tobacco products or vapor products is prohibited.
(7) No person or entity shall intimidate, threaten or otherwise retaliate against another person or entity that seeks to attain compliance with this section.
(D) (1) The person or entity that has legal or de facto control of an area in which the use of tobacco products or vapor products is prohibited by this section shall post a clear, conspicuous and unambiguous sign at each point of entry to the area and in at least one other conspicuous point within the area.
(2) For restrictions on the use of tobacco products or vapor products in indoor areas, the sign or decal shall be at least four inches by two inches in size and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided. For restrictions on the use of tobacco products or vapor products in outdoor areas, signs shall be weather-resistant, at least 15 inches by 15 inches in size, with lettering of at least one inch, and shall clearly stale that smoking or tobacco use is prohibited or that a tobacco-free environment is provided.
(3) For purposes of this section, the City Superintendent or his or her designee shall be responsible for the posting of signs on municipal property, both indoor and outdoor.
(4) Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any other provision of this section.
(E) It is the intent of the City Council to supplement applicable state and federal law and not to duplicate or contradict such law.
(Ord. 2017-6, passed 10-16-2017) Penalty, see § 34.99