City of Erie, PA
Erie County
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Table of Contents
Table of Contents
[Ord. 77-2019, passed 12-18-2019]
ELECTRONIC CIGARETTE or E-CIGARETTE
Any electronic oral device, such as one composed of a heating element, battery or electronic circuit, which provides a vapor of nicotine or any other substances and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e-cigarette, c-cigar or e-pipe or under any other product name or descriptor.
PARKS AND RECREATION AREAS
Any park, reservation, playground, recreation center or any other area in the City of Erie or in the County of Erie, owned or used by the City of Erie, and devoted to active or passive recreation, including but not limited to all tracts of land designated as such parks and recreation areas in the City of Erie Ordinance 53-1976 § 2 and codified at Part 9, § 955.02(a) of the Codified Ordinances of Erie. This shall also include public streets closed to vehicular traffic but open to pedestrians during special events.
(a) 
Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and
(b) 
Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic cigarette, cigar, pipe, or hookah.
(c) 
Notwithstanding any provision of Subsections (a) and (b) to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Drug and Alcohol Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold for such an approved purpose.
[Ord. 77-2019, passed 12-18-2019]
All City-owned parks and recreation areas shall hereby be designated a "tobacco free zone," and the use of any tobacco product or electronic cigarette, in any form, shall be prohibited hereafter.
[Ord. 77-2019, passed 12-18-2019]
The community shall be notified of this article.
[Ord. 77-2019, passed 12-18-2019]
"Young Lungs at Play" signs or other appropriate signage will be posted delineating said tobacco-free zones.
[Ord. 77-2019, passed 12-18-2019]
Any person who violates this article shall, upon conviction thereof in a summary proceeding before any Magisterial District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $100, plus costs of prosecution.
[Ord. 77-2019, passed 12-18-2019]
In the event any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any of the remaining provisions, sections, sentences, clauses or parts of this article; it being the intent of the City of Erie that the remainder of the article shall be and shall remain in full force and effect.