(a) 
Prohibited.
(1) 
It is unlawful for any person to smoke or possess a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas:
(A) 
The city hall building;
(B) 
The library and/or conference areas;
(C) 
The fire station;
(D) 
Any facility of a public primary or secondary school such as the Aubrey high school, the middle school and the elementary school.
(2) 
An area marked with a no smoking sign in accordance with subsection (b) of this section by the owner or person in control of that establishment serving the general public.
(b) 
Posting of signs.
The owner or person in control of an establishment in which smoking is prohibited by subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment. The owner or person in control of an establishment in which smoking is prohibited in a specified area shall post a conspicuous sign at the entrance to that area. The sign shall contain the words “No Smoking, City of Aubrey Ordinance,” the universal symbol for no smoking, or other language that clearly prohibits smoking.
(c) 
Penalty.
It shall be unlawful for any person to violate any provision of this section, and upon conviction such person shall be punished as provided in the city code or as the municipal judge shall prescribe.
(Ordinance 201-94, adopted 9/19/94)
As used in this article, the following words and phrases shall have the following meanings:
Electronic cigarette or e-cigarette.
An electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices
Liquid nicotine.
Any liquid product composed either in whole or part of nicotine, propylene glycol and/or other similar substances and manufactured for use with an e-cigarette to be converted into a gas for inhaling.
Minor.
A natural person less than 18 years of age.
Person.
Any natural person, individual, corporation, limited liability company, unincorporated association, proprietorship, firm, partnership, joint venture, joint stock association, or other entity or business of any kind.
Photographic identification.
State, district, national or other equivalent government driver’s license, identification card or military card, in all cases bearing a photograph and a date of birth, or a valid passport.
Tobacco product.
(1) 
A cigarette;
(2) 
A cigar;
(3) 
Smoking tobacco, including granulated, plug-cut, crimp-cut, ready rubbed and any form of tobacco suitable for smoking in a pipe or as a cigarette;
(4) 
Chewing tobacco, including plug, scrap, and any kind of tobacco suitable for chewing;
(5) 
Snuff or other preparations of pulverized tobacco; or
(6) 
Any other article or product that is made of tobacco.
(Ordinance 530-14 adopted 2/18/14)
(a) 
Provide or offer to minor.
No person may give, distribute, transfer, sell, market, or offer any tobacco products or e-cigarettes, their components, or samples to any minor.
(b) 
Purchase by minor.
No minor may purchase or obtain any tobacco products or e-cigarettes or their components. This prohibition does not apply to activities or enforcement actions under the control of a city, state, or federal law enforcement authority.
(c) 
Sale to minor by dispenser.
No person shall sell or permit to be sold tobacco products or e-cigarettes or their components through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited.
(d) 
Possession by minor.
A minor commits an offense if the minor possesses a tobacco or e-cigarette product, and the minor was not:
(1) 
In the course and scope of the minor’s employment by a person or entity holding a permit issued by the state authorizing the person to engage in the business of being a distributor, wholesaler, bonded agent or retailer of tobacco products or e-cigarettes; or
(2) 
In the presence of an adult, parent, guardian, spouse or other adult to whom the minor had been committed by a court.
(e) 
False information.
A minor commits an offense if, in order to acquire a tobacco product or an e-cigarette, the minor states to any person engaged in the business of selling tobacco products or e-cigarettes that such minor is 18 years of age or older, or presents to any such person a document or writing that purports to establish that such minor is 18 years of age or older.
(Ordinance 530-14 adopted 2/18/14)
(a) 
Penalty.
The penalty for violation of this article shall be in accordance with the general penalty provision contained in this code. Each continuing day’s violation under this division shall constitute a separate offense.
(b) 
Defense-Presence of responsible person.
It is a defense to a prosecution for violation of section 6.02.032(d) of this division that a minor possessed a tobacco product or e-cigarette product in the presence of an adult parent, guardian, or spouse, or other adult to whom the minor has been committed by a court.
(Ordinance 530-14 adopted 2/18/14)