1. Definitions.
A. City Facilities. The term “city facilities” means all property, whether or not enclosed, under the control of the City of Windsor Heights (City). City facilities include, but are not limited to, all: work areas; employee lounges; restrooms; conference rooms; classrooms; cafeterias; meeting rooms; elevators; stairways; parking garages; parking lots; vehicles and equipment owned, rented, or leased by the City; and any public or private area open to the public for recreational purposes, such as fairgrounds; athletic fields; beaches; gardens; parks; parklets; plazas; skate parks; swimming pools; trails; outdoor picnic tables; and grassy areas. City facilities do not include streets and sidewalks used only as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this section or other law.
B. Electronic Smoking Device. The term “electronic smoking device” means any device that can be used to deliver aerosolized or vaporized nicotine or other substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
C. Smoking. The term “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or any other lighted or heated tobacco, nicotine, or plant product intended for inhalation, including hookah and marijuana, whether natural or synthetic. “Smoking” also includes the use of an electronic smoking device.
D. Tobacco Product. The term “tobacco product” means any product that is made from or derived from tobacco, or that contains nicotine, that 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. “Tobacco product” also includes electronic smoking devices. “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.
2. Smoking and Tobacco Use Prohibited. Smoking and tobacco use is prohibited in all City facilities at all times. No person shall smoke, use, sell or distribute any tobacco product at or on any City facilities.
3. Violations. Violations of this section are declared to be municipal infractions pursuant to Chapter 4 of this Code of Ordinances. Any person who smokes or uses tobacco in an area where smoking and tobacco use is prohibited by the provisions of this section shall be guilty of a municipal infraction, punishable by a fine not exceeding fifty dollars ($50) for a first offense and one hundred ($100) for any repeat offense.