(a) Findings and Purpose. The city council hereby declares that substantial scientific evidence exists that the use of tobacco products cause cancer, heart disease, and various other medical diseases. The surgeon general of the United States has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the United States. Accordingly, the city council finds and declares it is in the public interest to establish regulations with respect to prohibiting the use of tobacco products in public park and recreational facilities, buildings, and areas.
(b) Definitions. For the purposes of this section, the following definitions shall apply:
(1) “Minor, child, or children” means any individual or individuals who is/are less than eighteen years old.
(2) “Park” means all park and recreational facilities including, but not limited to, playgrounds, skate parks, picnic areas, sports areas, parking lots, and other buildings or structures built or installed in the city for public use by children, to which the public has an unrestricted right of access and use for park or recreation purposes, and every other recreation facility owned, managed or controlled by the city, in either incorporated or unincorporated territory.
(3) “Person” means any natural person, individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
(4) “Tobacco product” means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco, including Indian cigarettes called “bidis,” which may be utilized for smoking, chewing, inhaling or other manner of ingestion.
(c) Smoking Prohibited in Park and Recreation Facilities and Areas. It is unlawful for any person to use and/or discard lighted or unlighted tobacco products in any park unless otherwise designated by clearly posted and visible signage. Any person or entity violating any provision of this section may be issued an administrative citation pursuant to Chapter 14A, Article VIII. Any person or entity violating any provision of this section within a twelve-month period of the first violation shall be issued an additional administrative citation pursuant to Section 14A-7-3(d)(2).
(d) Severability. If any provision, clause, sentence or paragraph of this section or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable. (Ord. No. 1483, § 3.)