It is the intent of the City of Watervliet to promote the general health, safety, and welfare of the residents of the City by enacting this Article
V. It is the finding of the City Council that smoking, vaping, and/or use of tobacco, tobacco products, and/or cannabis by persons on certain public lands is detrimental to the health, safety, and welfare of the residents of the City in that such smoking, vaping, and/or use of tobacco, tobacco products, and/or cannabis contributes to the development of unsanitary, hazardous, and toxic conditions for residents and the environment.
For the purposes of this Article
V, the following shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
CANNABINOID HEMP
Any hemp and any product processed or derived from hemp that
is used for human consumption provided that when such product is packaged
or offered for retail sale to a consumer, it shall not have a concentration
of more than 0.3% delta-9 tetrahydrocannabinol.
CANNABIS
All parts of the plant of the genus Cannabis, 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. It does not include
the mature stalks of the plant, fiber produced from the stalks, oil
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized
seed of the plant which is incapable of germination. It does not include
hemp, cannabinoid hemp, or hemp extract as defined in this section.
CITY
The City of Watervliet.
ELECTRONIC CIGARETTE
Any electronic device that delivers vapor which is inhaled
by an individual user, and shall include any refill, cartridge, and
any other component of such a device.
HEMP
The plant Cannabis sativa L. and any part of such plant,
including the seeds thereof and all derivatives, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not,
with a delta-9 tetrahydrocannabinol concentration (THC) of not more
than 0.3% on a dry-weight basis.
HEMP EXTRACT
All derivatives, extracts, cannabinoids, isomers, acids,
salts, and salts of isomers derived from hemp, used or intended for
human consumption for its cannabinoid content.
PARK
Public parks, dog parks, shared-use/multi-use parks, beaches,
pools, boardwalks, marinas, playgrounds, recreation centers, and group
camps; and equipment, buildings, and facilities, now or hereafter
under the jurisdiction, charge, or control of any state or local government
agency or department that are located at or on any public parks, dog
parks, shared-use/multi-use parks, beaches, pools, boardwalks, marinas,
playgrounds, recreation centers, and group camps.
SMOKING
The burning of a cigar, cigarette, pipe, or any other matter
or substance which contains tobacco, cannabis, or cannabinoid hemp
as defined in this section.
TOBACCO
Leaves of a plant which contain nicotine and are cured by
a process of drying and fermentation for the purpose of human use.
TOBACCO PRODUCTS
One or more cigarettes or cigars, bidis, chewing tobacco,
powdered tobacco, nicotine water, or any other product containing
tobacco.
USING
Consumption of tobacco, tobacco products, and/or cannabis
as defined in this section.
VAPING
The use of an electronic cigarette.