As used in this chapter:
"Bar"
means an area devoted primarily to the serving of alcoholic beverages to which food service is only incidental or which is the holder of a license issued under A.R.S. § 4-206.01 by the Ari-zona Department of Liquor Control.
"City vehicles"
are defined as any enclosed or enclosable vehicles owned or leased by the City and used by or under the direction of City personnel.
"Designated smoking area"
means any area within or outside an enclosed public place where smoking is specifically permitted. Any area in which smoking is permitted shall be located, to the fullest extent possible, in such a manner as to confine smoke to that area.
"Electronic smoking device or electronic cigarette"
means any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
"Enclosed public place"
means any area enclosed by a roof and walls with one (1) or more openings for ingress and egress, which is available to and customarily used by the public. Enclosed public places shall include, but shall not be limited to, public areas such as elevators, waiting rooms, reception areas, lobbies, restrooms, restaurants, retail stores, retail service establishments, grocery stores, convenience markets, drugstores, shopping malls, theatres, auditoriums, public and private stores, offices of health care professionals, pharmacies, indoor sports facilities and their lobbies, public transportation vehicles and terminals, airport service lines, airport waiting lounges, taxicabs or other means of public transit, community centers, child care centers, public or common areas of hotels and motels, financial institutions, all indoor facilities and any public places already regulated by A.R.S. § 36-601.01 (the Smoke Free Arizona Act). A private residence is not an enclosed public place.
"Medical marijuana"
means all parts of the genus Cannabis, whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition. See also A.R.S. §§ 36-2801 et seq.
"Medical marijuana cardholder"
means a qualifying patient, a designated caregiver, or nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card. See also A.R.S. §§ 36-2801 et seq.
"Public place"
means any street, sidewalk, boulevard, alley, right-of-way, or other public way and any public park, square, space, ground, or building.
"Restaurant"
means an establishment which serves food or beverages.
"Smoking"
means inhaling, exhaling, burning, or carrying or possessing any lighted tobacco product, including cigars, cigarettes, pipe tobacco; the inhaling, exhaling, burning, or carrying or possessing any lighted marijuana product pursuant to a medical marijuana card issued pursuant to A.R.S. §§ 36-2801 et seq.; or using an electronic smoking device by inhaling or exhaling from the device.
"To smoke" or "smoking"
means burning or carrying any lighted cigarette, tobacco or other weed or plant or placing any burning tobacco, weed or plant in an ashtray or other receptacle and allowing smoke to diffuse into the air. "To smoke" or "smoking" also means using an electronic smoking device designed for the purpose of inhaling or exhaling aerosol or vapor.
(Prior code § 13-1; Ord. 657 § 1 (part), 1993; Ord. 671 § 1 (part), 1995; Ord. 1129 (part), 2010; Ord. 1224 (part), 2014; Ord. 1238 § 1, 2014)
A. 
Smoking shall be prohibited in, and such prohibition shall be appropriately posted in, all enclosed public places, designated areas, and City vehicles as defined herein.
B. 
The City shall post "no smoking" signs in prominent locations in all City-owned enclosed public places and City vehicles as defined herein.
C. 
The City shall post "designated smoking area" or similar signs to designate locations outside or within public parks, squares, spaces, grounds, or buildings where smoking is permitted.
D. 
Smoking is prohibited in restrooms, public buses, the public areas of grocery stores, convenience markets, drugstores, pharmacies, and in waiting or checkout line areas within other enclosed public places. For purposes of this chapter, all restrooms within an enclosed public place shall be deemed nonsmoking.
E. 
Smoking is prohibited in private residences that are used as licensed child care, adult day care, or health care facilities.
F. 
Smoking is prohibited in and near public pools and those areas of public and private parks containing playground equipment for use by children. Playground equipment includes: swing sets, pull up and climbing bars, water features, cushioned play areas, skateboard parks and skate areas, and any other area designated for play by children. The pool or play area shall include a buffer of fifty (50) feet from the actual pool or play facilities.
G. 
Smoking is prohibited in all public places as defined in A.R.S. § 36-601.01.A.9 (the Smoke Free Arizona Act).
(Prior code § 13-2; Ord. 657 § 1 (part), 1993; Ord. 671 § 1 (part), 1995; Ord. 1224 (part), 2014; Ord. 1238 § 2, 2014)
Other provisions of this chapter notwithstanding, the following areas shall not be subject to the smoking restrictions of this chapter:
A. 
Private residences except as provided in Section 8.24.020(E).
B. 
Hotel and motel rooms rented to guests and designated as smoking rooms.
C. 
Retail stores dealing exclusively in the sale of tobacco products and smoking paraphernalia, except that medical marijuana provided to a medical marijuana cardholder may not be smoked in such retail stores.
D. 
On-stage smoking as a part of a stage production, ballet, or similar exhibition, except that medical marijuana provided to a patient pursuant to a medical marijuana card may not be smoked as part of a stage production, ballet, or similar exhibition.
E. 
Outdoor patios so long as tobacco or marijuana smoke or vapor from an electronic cigarette does not enter areas where smoking is prohibited through entrances, windows, ventiliation systems, or other means.
F. 
A private residence which serves as a work place or place of employment, unless the owner or business prohibits smoking on the premises.
G. 
Private clubs and private recreation facilities. However, medical marijuana provided to a patient pursuant to a medical marijuana card may not be smoked in such private clubs and private recreation facilities.
H. 
Bars and restaurants, except as otherwise prohibited or restricted by A.R.S. § 36-601.01.A.9 (the Smoke Free Arizona Act).
(Ord. 1238 § 3, 2014)
A. 
The Winslow Police Department shall have the authority to enforce compliance with this chapter.
B. 
Any party found guilty of violating any of the provisions of this chapter shall be found guilty of a Class 3 misdemeanor. Each occurrence or day that a violation continues shall be a separate offense, punishable as described above.
(Prior code § 13-4; Ord. 657 § 1 (part), 1993; Ord. 671 § 1 (part), 1995; Ord. 1224 (part), 2014)