City of Lewes, DE
Sussex County
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[HISTORY: Adopted by the City Council of the City of Lewes 9-14-2009. Amendments noted where applicable.]
[Amended 12-8-2014]
As used in this chapter, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE
Any device employing a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to deliver nicotine or other substances into the body through inhalation, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or other similar products that rely 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.
A. 
The combustion in any cigar, cigarette, pipe, or any other similar article or any device, of tobacco or other combustible substance; or
B. 
The operation of an electronic cigarette.
Smoking shall be prohibited at all times of the year in the following outdoor places: all City public parks and playgrounds, including, without limitation:
A. 
Canalfront Park Tot Lot.
B. 
Community playground on Dupont Avenue at George H.P. Smith Park.
C. 
The Canalfront Park.
D. 
The 1812 Park.
E. 
Mary Vessels Park.
F. 
Otis Smith Park.
G. 
Stango Park.
H. 
Zwaanendael Park, including the herb garden.
I. 
George H.P. Smith Park.
J. 
All Lewes public beaches.
[Added 12-8-2014]
A. 
At the entrances of each designated area, there shall be appropriate signage designating the prohibition and there shall be provided a cigarette/cigar butt disposal container.
B. 
No person shall be prosecuted for violation of this chapter unless signs, readily visible to the public, are posted in appropriate places at the entrance to those areas where smoking is prohibited, indicating when smoking is prohibited and indicating that violations are subject to penalties.
Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and/or imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and/or imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this chapter continues shall be deemed and taken to be a separate and distinct violation.