[HISTORY: Adopted by the City Council of the City of Walhalla 11-20-2012 by Ord. No. 2012-12. Amendments noted where applicable.]
A. 
The City of Walhalla, South Carolina, possesses all powers granted to municipalities by the Constitution and the laws of the State of South Carolina.
B. 
The Council recognizes that smoke creates a danger to the health and safety of the public at large and that, in order to protect the health and welfare of the public, it is necessary to restrict tobacco products or alternative nicotine products to provide a healthy tobacco-free/smoke-free environment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Numerous studies have found that tobacco smoke is a major contributor to air pollution, and that breathing secondhand smoke is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease and lung cancer.
D. 
Certain outdoor events and activities, such as recreational sporting events, gatherings and playground recreation for children, result in nonsmokers finding themselves in close proximity on a continuing basis to persons who are smoking, and not merely passing by them. Exposure to secondhand smoke during such outdoor events and activities can be reasonably seen to have the same effects as when nonsmokers are exposed to smoke.
E. 
Lighted cigarettes, cigars, pipes, other smoking devices of people standing, sitting or walking in close proximity also have the potential of burning those with whom they inadvertently come into contact.
F. 
The outdoor use of tobacco products or alternative nicotine products threatens when a nonsmoker or user of tobacco products or alternative nicotine products is seated, standing or walking in a crowded outdoor event.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
The presence of secondhand smoke or other tobacco products or alternative nicotine products in enclosed or in outside areas where there is a public gathering with people in close proximity inevitably results in unwarranted health risks and deprives them of peaceful enjoyment of the premises to which they have been invited or permitted to enter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Tobacco products or alternative nicotine products shall be prohibited at all City parks, ball fields and facilities used for outdoor/indoor events, regardless of the number assembled, performance or competition.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATIVE NICOTINE PRODUCT
Any vaping product, whether or not it includes nicotine, including electronic smoking devices, that can be ingested into the body by chewing, smoking, absorbing, dissolving, inhaling, or by any other means. "Alternative nicotine product" does not include:
A. 
A cigarette, as defined in S.C. Code Ann. § 12-21-620, or other tobacco products, as defined in S.C. Code Ann. § 12-21-800;
B. 
A product that is a drug pursuant to 21 U.S.C. § 321(g)(1);
C. 
A device pursuant to 21 U.S.C. § 321(h); or
D. 
A combination product described in 21 U.S.C. § 353(g).
ELECTRONIC SMOKING DEVICE
Any device that may be used to deliver any aerosolized or vaporized substance, including e-liquid, to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, vapor product or e-hookah. "Electronic smoking device" includes any component, part or accessory of the device, and also includes any substance intended to be aerosolized or vaporized during the use of the device, whether or not the substance includes nicotine. "Electronic smoking device" does not include drugs, devices or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
The City of Walhalla prohibits the use of all tobacco products, including but not limited to cigarettes, cigars, pipes, smokeless tobacco and snuff, or alternative nicotine products on any City of Walhalla structures, facilities, parks, ball fields and vehicles.
B. 
The City of Walhalla shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol in every structure, building, facility or areas where tobacco products or alternative nicotine products are prohibited.
A. 
Any person who violations this chapter shall be guilty of an infraction, punishable by a fine of not less than $10 or more than $25. Each offense will be considered a separate offense.
B. 
Violations of this chapter are hereby declared to be a public nuisance, which may be abated by the City by restraining order, preliminary and/or permanent injunction or other means as provided for by the Walhalla Municipal Judge.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
It is the intent of Council to prohibit tobacco products or alternative nicotine products whenever the private choice of using tobacco products or alternative nicotine products has the capacity to intrude upon the right of persons concerned about the hazards and inconvenience of secondhand smoke or tobacco odors in places owned, leased or operated by the City of Walhalla when engaging in entertainment and recreation.