For purposes of this article, the following definitions shall apply:
Electronic smoking device.
Any device that provides or is intended to deliver aerosol, liquid or vapor containing nicotine or any other substance to a person that can be used by such person to inhale or simulate smoking through the inhalation of the aerosol, liquid or vapor. The term includes every device, manufactured, distributed, marketed, or sold as electronic cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes, electronic hookahs, e-hookahs, or vape pens, or under any other product name or descriptor, and any aerosol, liquid or vapor used in such a device.
Enclosed area.
A space that is enclosed on all sides by solid walls that extend from the floor to the ceiling, windows and/or doors.
Smokes.
(1) 
Inhales, exhales, burns, vapes, or carries any lighted cigar, cigarette, pipe, weed, or plant; or
(2) 
Inhales, exhales, uses, vapes or carries a running electronic smoking device, in any manner or in any form.
Tobacco product.
Any product containing, made or derived from tobacco or nicotine that is intended for human consumption.
Uses.
Snorts, sniffs, drinks, chews, ingests or otherwise absorbs.
(Ordinance 2018-13 adopted 6/19/18)
(a) 
A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the city.
(b) 
A person commits an offense if the person smokes within the thirty-foot area surrounding a building or facility containing an enclosed area as described in subsection (a).
(c) 
A person commits an offense if the person smokes in the Reading Garden or within thirty feet of the Reading Garden located within the city hall complex.
(d) 
A person commits an offense if the person smokes while driving or riding in a city vehicle or while operating city equipment.
(e) 
A person commits an offense if the person smokes in a city park bathroom.
(Ordinance 2018-13 adopted 6/19/18)
(a) 
A person commits an offense if the person uses in a manner other than smoking a tobacco product in an enclosed area in a building or facility owned, leased, or operated by the city.
(b) 
A person commits an offense if the person uses in a manner other than smoking a tobacco product within the thirty-foot area surrounding a building or facility containing an enclosed area as described in subsection (a).
(c) 
A person commits an offense if the person uses in a manner other than smoking a tobacco product in the Reading Garden or within thirty feet of the Reading Garden located within the city hall complex.
(d) 
A person commits an offense if the person uses in a manner other than smoking a tobacco product while driving or riding in a city vehicle or while operating city equipment.
(e) 
A person commits an offense if the person uses in a manner other than smoking a tobacco product in a city park bathroom.
(Ordinance 2018-13 adopted 6/19/18)
The city shall post signage to notify the public of the prohibition of smoking and use of tobacco products at every public entrance to all buildings and facilities containing enclosed areas as described in sections 12.04.002(a) and 12.04.003(a) and at the entrance of all city park bathrooms.
(Ordinance 2018-13 adopted 6/19/18)
Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00). Each occurrence of any violation of this article shall constitute a separate offense. Each day in which any violation of this article occurs shall constitute a separate offense.
(Ordinance 2018-13 adopted 6/19/18)