For the purposes of this division, the following terms shall
have the following definitions:
CHILD-CARE CENTER
A facility where care and supervision are provided for children
in exchange for consideration. For the purposes of this division,
a "child-care center" refers only to such a facility that is licensed
by New York State or Oneida County to operate as such.
CHILDREN
Persons under the age of 18 years.
CITY-OWNED BUILDING
Any structure owned by the City of Utica, except for any
such structure that is subject to a written lease to another party,
provided that such lease was entered into prior to the effective date
of this division and provided that such lease does not give the City
the authority to regulate outdoor smoking on the leased premises.
ENTRANCE
The means by which persons may enter a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or a ramp. For the purposes of this division, "entrance"
includes the stoop, steps or ramp leading from the sidewalk or pavement
to such a door or doorway.
EXIT
The means by which persons may leave a building, typically
consisting of a door or doorway, which may be associated with a stoop
or steps and/or a ramp. For the purposes of this division, "exit"
includes the stoop, steps or ramp leading from the sidewalk or pavement
to such a door or doorway.
FACILITY
The structures and activity areas (which may be partially
enclosed or unenclosed) associated with an operation (which operation
may be governmental, recreational, educational, commercial or of another
type).
MASS TRANSIT SHELTER
A structure that is enclosed on at least three sides and
has a roof, intended for use by persons waiting for a bus or other
mass transit vehicle.
OUTDOOR RECREATION AREA
An area that is not fully enclosed and that is designated
for recreational purposes or activities.
PAVILION
A structure that is at least partially unenclosed (for example,
with open sides) and that is intended for public use.
PERMIT
Written permission for an activity proposed to be conducted
on property of the City of Utica (including any conditions placed
upon such permission), issued and signed by the appropriate regulatory
authority of the City.
PLAYGROUND
An outdoor recreation area that is designed and intended
for use by children. For the purposes of this chapter, a playground
that is fenced or otherwise physically demarcated shall be deemed
to include all of the area inside such fence or demarcation; a playground
that is not fenced or otherwise demarcated shall be deemed to include
all open space that is associated with or adjacent to it.
PLAYING FIELD
That portion of an outdoor recreation area that is set up
and marked in some way for the playing of one or more specific games
(such as baseball, football or soccer). For the purposes of this chapter,
a playing field that is fenced or the outside perimeter of which is
otherwise physically demarcated shall be deemed to include all of
the area inside such fence or demarcation, together with any bleachers
or other, designated viewing area; a playing field that is not fenced
or otherwise demarcated (as to its outside perimeter) shall be deemed
to include all of the area customarily required for playing the game
for which it is being used, together with any bleachers or other designated
viewing area.
SCHOOL
The facility where an educational institution licensed by
New York State and serving students in any grade from kindergarten
through 12th grade is located.
SMOKE
The emission produced by the burning of a lighted cigar,
cigarette, pipe, electronic cigarette, vapor or any other matter or
substance which contains tobacco, nicotine, or cannabis as defined
in Section 222.00 of the Penal Law or cannabinoid hemp as defined
in Section 3 of the Cannabis Law.
[Amended 10-6-2021 by Ord. No. 69]
SMOKING
The burning of a lighted cigar, cigarette, pipe, electronic
cigarette, vapor, or any other matter of substance which contains
tobacco, nicotine, or cannabis as defined in Section 222.00 of the
Penal Law or cannabinoid hemp as defined in Section 3 of the Cannabis
Law.
[Amended 10-6-2021 by Ord. No. 69]