For the purposes of this chapter, the following terms and phases shall have the meaning given in this section unless the context clearly requires otherwise:
"Cannabis"means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, non-medical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section
11018.5.
"Designated smoking area"means an area that is designated by signage that identifies it as a smoking area and is located at least 50 feet from any location where smoking is prohibited by this chapter, at least 50 feet from any door, window, opening, or air intake for an enclosed area, and contains a waste receptacle for tobacco product waste.
"Employee"means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employee.
"Employer"means any person or nonprofit entity that retains the service of one or more employees.
"Enclosed area"means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, goods, equipment, vehicles, processes, or activities of any kind.
"Multiunit residence"means a residential use in which there is more than one dwelling unit on a lot, including senior and assisted living facilities, and long-term health care facilities and excluding navigation centers or emergency shelters as those terms are commonly defined.
"Outdoor dining area"means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, or regularly used for consuming food or drink.
"Place of employment"means an area under the control of an employer that an employee or the general public may enter in the normal course of operation, regardless of the hours of operation, including work areas and construction sites.
"Public place"means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including parking lots, plazas, community centers, civic centers, shopping areas, bus shelters and ATMs. The term "public place" does not include streets or sidewalks used only as pedestrian or vehicular thoroughfares.
"Recreational area"means any area open to the public for recreational purposes, publicly or privately owned, including, but not limited to, parks, picnic areas, playgrounds, gardens, athletic fields, walking paths, hiking trails, amphitheaters, bike paths, horseback riding trails, sports facilities, skateboard parks, stadiums, and other locations designated as open space (OS) in the Buena Park Zoning Code.
"Smoking"means inhaling, exhaling, burning or carrying any lighted, heated or ignited tobacco product.
"Tobacco product waste"means any component, part, or remnant of any tobacco product. "Tobacco product waste" includes any waste that is produced from the use of a tobacco product, including all tobacco product packaging and incidental waste such as lighters or matches, whether or not it contains tobacco or nicotine.
(Ord. 1725, 7/11/2023)