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)
Nothing in this chapter implies that the owner or operator of
an enclosed or outdoor public or private place is prohibited from
designating the entire facility or a portion thereof as nonsmoking
or tobacco-free.
(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)
This article is cumulative of other laws that regulate smoking
and the use of tobacco products.
(Ordinance 2018-13 adopted 6/19/18)