[HISTORY: Adopted by the Board of Trustees of the Village of Belle Terre 7-10-1990; amended in its entirety 12-15-2020 by L.L. No. 6-2020. Subsequent amendments noted where applicable.]
A. 
The Village Board has determined that human health is seriously threatened by exposure to environmental tobacco smoke (ETS) and that findings by the Federal Environmental Protection Agency (EPA) make clear that ETS, or secondhand smoke, is a human carcinogen responsible for 3,000 lung cancer deaths each year in nonsmoking adults.
B. 
The Village Board also determined that although state law prohibits smoking in all Village facilities, people seeking access to these facilities can still be exposed to secondhand smoke as they seek to enter such public buildings. In addition, state law does not prohibit smoking in or on all Village property. The Village of Belle Terre thus declares and finds it to be in the public's interest to provide for regulation of certain conduct in public places by prohibiting smoking and tobacco use by persons at nondesignated areas. The odor from smoking tobacco products and litter caused by the improper disposal of cigarette butts in public areas can significantly reduce the enjoyment of a healthy and wholesome environment free of smoking-related pollution. By prohibiting smoking in public areas, the Village desires to promote and enhance a healthy and wholesome environment and the safe enjoyment of all Village property and public areas by all individuals.
As used in this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given:
SMOKING
To inhale or exhale the smoke of burning tobacco or tobacco substitute or electronic cigarettes, vape pens, vapors, e-liquids, other legal marijuana derivatives or other substances and also to carry burning tobacco or tobacco substitute in the form of a cigarette, cigar, or any other smoke-producing product or device, including pipes.
TOBACCO USE
Includes smoking and the chewing of tobacco.
A. 
It shall be a violation of this chapter for any person to smoke or carry lighted cigarettes or other smoking devices, including, but not limited to, cigars, cigarillos, pipes, electronic cigarettes, vape pens, vapors, e-liquids, other legal marijuana derivatives or other substances and the like in or on Village of Belle Terre parks, parkland, recreation areas, playgrounds, and beaches. Such conduct is prohibited except where conspicuously designated "smoking permitted" or otherwise.
B. 
In addition to the restrictions set forth in Subsection A, smoking is prohibited within a fifty-foot radius of all entrances to all Village-owned buildings and facilities located within the Village of Belle Terre and which are designated as accessible by the public.
C. 
The Village further determines and declares that all Village-owned parks, beaches, playgrounds, and recreation areas shall be designated as "no smoking zones."
D. 
Except as otherwise provided in this code, smoking and/or tobacco use in areas designated as "smoking permitted" are not to be considered conduct in violation of this chapter.
A person who commits or permits any acts in violation of any provisions of this chapter shall be deemed to have committed an offense against this chapter and shall be liable for such violation and the penalty therefor and shall, upon conviction thereof, be subject to a fine or penalty of not less than $150 and not more than $500.
If any clause, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this chapter, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.