[Ord. 8198, passed 9-22-2016]
To restrict the use of tobacco in certain recreational areas, parks and playgrounds owned by the City of New Castle and providing penalties for violation thereof.
[Ord. 8198, passed 9-22-2016]
(a) 
PLAYGROUND — An outdoor area containing recreational equipment designed for play and recreation by youth.
(b) 
YOUTH RECREATIONAL/EDUCATIONAL ACTIVITIES — Any sporting, educational, or recreational activity in which two or more minors participate, either individually or as a team, and whether organized or informal. Examples of Youth recreational/educational activities include, but are not limited to, practice and games for baseball, softball, soccer, football, swimming, day camp or youth camp, field or deck hockey, school field trips.
(c) 
DOG PARK — An enclosed area designed for domesticated canines to play, run, and socialize, and designated or otherwise marked as a Dog Park.
(d) 
TOBACCO/NICOTINE PRODUCTS — Cigars, cigarettes, smokeless tobacco, pipe tobacco and roll-your-own tobacco, snuff or chewing tobacco, electronic cigarettes, nicotine-containing solutions which can be inhaled through vaporization.
(e) 
TOBACCO-FREE ZONE — The areas described in this Section 739.02 in which the use of Tobacco/Nicotine Products is prohibited.
[Ord. 8198, passed 9-22-2016]
(a) 
No use of tobacco products shall be permitted within 150 feet of any playground or dog park owned by the City of New Castle. The prohibited distance shall be measured from the outermost perimeter of a playground or dog park. The prohibition on tobacco products shall apply at all playgrounds and dog parks regardless of whether youth are present or actively using the playground or dog park.
(b) 
No use of tobacco products shall be permitted within 150 feet of any Youth recreational/educational activities. The distance shall be measured from the outermost perimeter of the area in which the Youth recreational/educational activity is taking place, or the location of any minor child participating in the activity, whichever distance is farther.
[Ord. 8198, passed 9-22-2016]
Appropriate signage will be posted in all parks, playgrounds, and other recreational areas owned by the City of New Castle, including athletic fields and facilities, playgrounds, and open play areas, which shall clearly notify all persons that the use of any tobacco/nicotine product within the prescribed distances is prohibited.
[Ord. 8198, passed 9-22-2016]
Any person who violates any provision of the ordinance by using a tobacco product in a clearly delineated tobacco-free zone as defined in Section 739.02 shall be, upon conviction, sentenced to a fine of not more than $100, plus court costs.