For the purposes of this chapter the following definitions shall govern unless the context clearly requires otherwise:
"E-cigarette"
means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, hookah pen or under any other product name or descriptor.
"Park"
includes any public park or portion of a public park, such as picnic areas, found within the city.
"Parking lot"
means any portion of a public park permanently designated and used for the parking of vehicles.
"Recreational area"
includes any area, public or private, open to the general public for recreational purposes, including, for example, gardens, sporting facilities, skateboard parks and playgrounds.
"Smoke" or "smoking"
means the act of burning any tobacco product, weed, filler or plant of any kind in a cigarette, cigar, pipe, hookah or water pipe, or in any other device. "Smoke" or "smoking" also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device.
"Tobacco product"
means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.
(Ord. 2004-02 § 2 (part); Ord. 2016-02 § 2)
A. 
No person shall smoke or use an e-cigarette within the boundaries of a park or recreational area except in a parking lot.
B. 
No person shall dispose of tobacco smoking waste or tobacco product waste within the boundaries of a park or recreational area, except in a designated waste disposal container located in a parking lot.
C. 
No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this article.
(Ord. 2004-02 § 2 (part); Ord. 2016-02 § 3)
The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity.
A. 
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this ordinance shall also constitute a violation.
B. 
Violations of this chapter shall be prosecuted as infractions and shall be punished, at a minimum, by a fine of one hundred dollars ($100.00) for a first violation, two hundred dollars ($200.00) for a second violation and five hundred dollars ($500.00) for a third or subsequent violation.
C. 
Violations of this chapter are hereby declared to be public nuisances.
(Ord. 2004-02 § 2 (part))