Ord 2013-066/Amending chapter 34, article 5, division 2 of the city code regulating smoking in public places, as previously adopted by ord. 2013-57 by adding a definition for "Vape Shop" or "Vapor Shop"

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(4) OPERATOR means the owner or person in charge of a public place or workplace, including an employer. (5) PARK means any area of real property owned, used or maintained by the city as a public park, playground or athletic facility. (6) PUBLIC PLACE means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, bingo facilities, comedy clubs, indoor music venues, convention facilities, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. (7) RETAIL TOBACCO STORE means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. (8) SMOKING means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, tobacco, weed, plant, or other combustible substance in any manner or in any form. "Smoking" includes the use of an e- cigarette which creates a vapor in any manner or in any form. (9) VAPE SHOP OR VAPOR SHOP shall mean a store used primarily for the sale of electronic cigarettes or substances used in those or similar devices to produce inhalable vapors and in which the sale of other products is incidental. (10) WORKPLACE means an enclosed area in which employees work or have access during the course of their employment. Sec. 34.257 Places where smoking is prohibited (A) A person commits an offense if the person smokes in a public place or in a park. (B) A person commits an offense if the person smokes on the grounds of or within an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) A person commits an offense if the person smokes within 10 feet from an entrance or openable window of an enclosed area in which smoking is prohibited. (E) The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place.