[HISTORY: Adopted by the Commissioners of the City of Rehoboth
Beach 4-15-2011 by Ord. No. 0411-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any device employing a mechanical heating element, battery,
or circuit, regardless of shape or size, that can be used to deliver
nicotine, marijuana, or other substances into the body through inhalation,
including, but not limited to, an electronic cigarette, vape pen,
vaporizer, electronic cigar, electronic pipe, electronic hookah or
other similar product that relies on vaporization or aerosolization.
As used in this chapter, the definition of "electronic cigarette"
does not include any product that has been approved by the United
States Food and Drug Administration for tobacco cessation or other
medical purposes.
[Added 1-16-2015 by Ord.
No. 0115-01; amended 8-18-2023 by Ord. No. 0823-01]
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, the resin extracted from any part of the
plant, and every compound, manufacture, salt, derivative, mixture
or preparation of the plant, its seeds or resin, with a delta-9 tetrahydrocannabinol
concentration of not more than 0.3% on a dry weight basis.
[Added 8-18-2023 by Ord. No. 0823-01]
Except for hemp, all parts of the plant Cannabis sativa L.,
whether growing or not, the seeds thereof, the resin extracted from
any part of the plant, and every compound, manufacture, salt, derivative,
mixture or preparation of the plant, its seeds or resin.
[Added 8-18-2023 by Ord. No. 0823-01]
[Amended 1-16-2015 by Ord. No. 0115-01]
Any product that is made from or derived from tobacco or
that contains nicotine, including: cigarettes, cigars, pipe tobacco,
hookah tobacco, chewing tobacco, snuff, snus, or smokeless tobacco
and is intended for human consumption by any means including smoking,
heating, chewing, absorbing, dissolving, inhaling, or ingesting.
[Added 8-18-2023 by Ord. No. 0823-01]
Smoking any tobacco product or hemp shall be prohibited at all
times in the following outdoor public places:
A.
Grove Park, including the Grove Park Canal access area on the west
side of the Lewes-Rehoboth Canal, and all of the area of the City
situated generally between Rehoboth Avenue, Columbia Avenue, Grove
Street and the Lewes-Rehoboth Canal excluding the parking lot.
[Amended 7-19-2019 by Ord. No. 0719-02]
B.
Lake Gerar
including all of the public park lands surrounding the lake.
C.
Central
Park situated generally between Columbia and Park Avenues and Third
Street.
D.
The entirety
of the park lands located in Country Club Estates along Stockley Street.
E.
Deer Park
located at the intersection of Kent and Dover Streets.
F.
The entirety
of the bandstand plaza area, defined for purposes of this chapter
as that area that lies east of the line of pavement of Rehoboth Avenue
at the western edge of the bandstand median to include the sidewalks,
whether of wood, concrete or pavers, the streets including parking
spaces and any structures situated in this area and maintained by
the City.
H.
For every
street which has for its eastern termination the Boardwalk, that area
that lies east of the easternmost line of pavement to include all
sidewalks, whether of wood or concrete, and any structures situated
in this area and maintained by the City.
I.
The Beach,
defined for purposes of this chapter as the area of the City east
of Ocean Drive, Surf Avenue and the Boardwalk extending 100 yards
east of the high-water line of the Atlantic Ocean, excluding the parking
lot in the area known as Deauville Beach; except smoking shall be
permitted on the Beach in designated and marked locations as determined
by the City Manager, subject to the following:
(1)
Each
area where smoking is permitted shall be abutting and located on the
east side of the easternmost dune fence or if there be no fence at
the toe of the main dune.
(2)
Each
area where smoking is permitted shall be in the shape of a half-circle
having a twelve-foot radius, the center of such half-circle being
at a point in the above-referenced dune fence or toe of dune.
(3)
Each
area where smoking is permitted shall be marked by appropriate signage
and shall be provided with a cigarette/cigar butt disposal container.
(4)
No
area where smoking is permitted shall be located any nearer than 40
feet from any entranceway or path to the beach or Atlantic Ocean.
(5)
From
May 1 to September 30 of each year, there shall be no more than 20
areas where smoking is permitted.
(6)
From
October 1 of each year to April 30 of the following year, there shall
be no more than four areas where smoking is permitted.
J.
The entirety of the municipal campus, defined for purposes of this
chapter as the area that includes the City Hall, Convention Center,
Parking Department and Communications buildings and the surrounding
grounds, including steps, sidewalks, parking lots, garden and grassed
areas and including the pedestrian area known as Steve Elkins Way
from Baltimore Avenue to the City Hall parking lot, such grounds generally
defined by vehicular and pedestrian entrances at City Hall Drive,
Third Street, Baltimore Avenue, the west side of the Fire Department
building and two entries off of Rehoboth Avenue, one on the east side
and one on the west side of the City Hall building; except smoking
shall be permitted on the municipal campus in designated and marked
locations as determined by the City Manager.
[Added 7-19-2019 by Ord.
No. 0719-02]
K.
The Lewes-Rehoboth Canal Park area on the south side of Rehoboth
Avenue between the canal and Canal Street.
[Added 7-19-2019 by Ord.
No. 0719-02]
[1]
Editor's Note: This ordinance also provided for an effective
date of 5-15-2014.
Smoking marijuana, or any other matter or substance that contains
marijuana, shall be prohibited at all times in all public places within
the territorial limits of the City of Rehoboth Beach. Nothing contained
herein shall permit the use or possession of any "Controlled Substance"
as defined under 16 Del. C., Chapter 47 "Uniform Controlled Substances
Act."
[1]
Editor’s Note: This ordinance also provided for an effective
date of 5-15-2014.
[Amended 7-19-2019 by Ord. No. 0719-02]
Any violation of this chapter is declared a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach.
