In order to help protect the public health, safety and welfare, the declared purpose of this chapter is to prohibit smoke and smoking within Town-owned buildings and Town-owned vehicles within the Town of Pinetop-Lake-side.
(Ord. 98-150 § 1)
1. "Smoke" or "smoking"
means to inhale, exhale, burn, carry or possess any lighted tobacco or smoke tobacco-type products including cigarettes, medicinal or recreational marijuana, cigars, pipes, e-cigarettes, vapor and other synthetic-type products or smokeless types of devices, water pipes, hookah, shisha, chewing tobacco, snuff and other products containing tobacco.
2. "Town-owned building or vehicle"
means any building or vehicle in which the Town of Pinetop-Lake-side has an interest as an owner, tenant, lessor, lessee or any other possessory interest.
(Ord. 98-150 § 2; Ord. 403 § 3)
A.
No person shall smoke in any Town-owned building or Town-owned vehicle at any time. Smoking is prohibited in Town-owned buildings and Town-owned vehicles from and after the effective date of the ordinance codified in this chapter.
B.
No person shall smoke in any Town-owned parks or Town-leased parks.
(Ord. 98-150 § 3; Ord. 403 § 4)
A.
Violation of this chapter shall be treated as a civil matter. A civil violation case is commenced by issuance of a civil notice or complaint in a form authorized by the Town Police Department, or, in the alternative, a civil violation may be commenced by the issuance of a civil summons and complaint. All such civil violations shall be referred to the Municipal Court for adjudication.
B.
A person found to have violated this chapter shall be subject to a civil sanction not to exceed fifty dollars ($50.00) for the first offense and up to one thousand dollars ($1,000.00) for each subsequent offense within one year. In addition to or in lieu of civil sanctions authorized by this section, the court may order community service as is appropriate in the discretion of the court.
(Ord. 98-150 § 4)
In enacting and enforcing this chapter, the Town undertakes only to promote the general health, safety and welfare of the public. This chapter shall not create any private cause of action by a member of the public and this chapter shall not create the basis for or create a standard of care for any private cause of action, nor may this chapter be enforced in any manner other than as set forth in Section 9.08.040. This chapter does not assume nor does it impose on Town officers, Council members or employees any obligation for breach of which the Town or any of its officers, Council members and employees would be liable in money damages or otherwise to any other person claiming injury from such breach.
(Ord. 98-150 § 5)