A. Definitions: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
INDOOR AREA: Any indoor City owned/operated property. An indoor area includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees or the public, and 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. The provisions of this section shall apply to such indoor areas at any given time, whether or not work is being performed.
MARIJUANA: All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivation, mixture or preparation of such plant, its seed or resin. This definition shall not include the mature stalks of such plant; fiber produced from such stalks; oil, cake or other compound made from the seeds or mature stalk of such plant.
OUTDOOR AREA: Any covered area, partially covered area or area open to the sky that is on a property owned or operated by the City.
RECREATIONAL AREA: Any area that is owned, controlled or used by the City and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller and ice skating rinks, beaches surrounding lakes and skateboard parks.
TOBACCO/MARIJUANA FREE: To prohibit the use of any tobacco/marijuana product by anyone, anywhere, at any time.
TOBACCO PRODUCT: Any product that contains or is derived from tobacco and is intended for human consumption excluding drugs or devices approved for cessation by the United States Food and Drug Administration. This includes e-cigarettes and vapor products, with or without nicotine.
VAPOR PRODUCT: Noncombustible products that may or may not contain nicotine or marijuana products or compounds that employ 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 products" shall include any vapor cartridge or other container with or without nicotine, marijuana products or compounds or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor products" do not include any product regulated by the United States Food, Drug and Cosmetic Act. (Ord. 1608, 12-1-2014; amd. Ord. 1671, 8-6-2018)
B. Prohibition Of Tobacco And Marijuana Products And Vapor Products On City Owned/Operated Property:
1. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the City. (Ord. 1608, 12-1-2014)
2. The possession of lighted marijuana in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the City.
3. All building and other properties, including indoor and outdoor areas, owned or operated by the City, shall be entirely tobacco and marijuana free to include all forms of tobacco and marijuana products, including vapor products.
4. All indoor and outdoor recreational areas owned or operated by the City, shall be entirely tobacco and marijuana free to include all forms of tobacco and marijuana products, including vapor products.
C. Posting:
1. The City shall be responsible for posting a sign or decal, at least four inches by two inches (4" x 2") in size, at each entrance of City owned/operated property indicating the property is tobacco and marijuana free. (Ord. 1671, 8-6-2018)
2. The posting of signs or decals shall be the responsibility of the Director and/or supervisor of the City owned/operated facility. (Ord. 1608, 12-1-2014)
D. Enforcement: The City shall, at a minimum, do the following in order to prevent tobacco, marijuana and vapor product use in City owned/operated places:
1. Post signs at entrances to the City owned/operated places which state that tobacco and marijuana use is prohibited; and
2. Ask tobacco and marijuana users to refrain from using any form of tobacco or marijuana products, including vapor products upon observation of anyone violating the provisions of this section. (Ord. 1671, 8-6-2018)
E. Penalty: Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as set by the City. (Ord. 1608, 12-1-2014)