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smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; and other kinds and
<br />forms of tobacco. Commercial tobacco products do not include traditional or ceremonial
<br />tobacco plant material used as part of an American Indian cultural practice or a lawfully
<br />recognized religious, spiritual or cultural ceremony or practice or any nicotine cessation product
<br />that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale
<br />as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and
<br />Cosmetic Act.
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<br />d. Commercial Tobacco Product Use – The act of smoking or the consumption of any commercial
<br />tobacco product.
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<br />e. Electronic delivery device – any product containing or delivering nicotine, lobelia,
<br />cannabinoid/cannabis or any other substance, whether natural or synthetic, intended for human
<br />consumption through the inhalation of aerosol or vapor from the product. Electronic delivery
<br />device includes, but is not limited to, devices manufactured, marketed or sold a e-cigarettes, e-
<br />cigars, e-pipes, vape pens, mods, tank systems, or under any other product name or descriptor.
<br />Electronic delivery device includes any component part of a product, whether or not marketed
<br />or sold separately. Electronic delivery device does not include any “drug,” “device,” or
<br />“combination product” as defined in the Federal Food, Drug and Cosmetic Act that has been
<br />authorized by the United States Food and Drug Administration for sale as a tobacco cessation
<br />product, a tobacco dependence product, or for other medical purposes.
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<br />f. Smoking – Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe,
<br />bong or any other lighted or heated product containing, made of derived from nicotine,
<br />cannabis/marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.
<br />Smoking will also include carrying or using an activated electronic delivery device.
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<br />1209.040. PROHIBITION. Smoking and commercial tobacco product use are not allowed
<br />at any time by any person on any property that is owned, leased, rented, contracted, or otherwise
<br />used or controlled by the City. This prohibition includes but is not limited to: all facilities, grounds,
<br />parking lots, work areas, vehicles and equipment, off-street paths and trails, park and recreation
<br />areas, lands and bodies of water, and nature areas.
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<br /> 1209.050. ENFORCEMENT. City staff may check property that is owned, leased, rented,
<br />contracted, or otherwise used or controlled by the City to make sure this City Code Chapter is not
<br />violated. Any person who violates this chapter will be reminded of its requirements and asked to
<br />immediately stop smoking or using commercial tobacco products. Any person who does not stop
<br />smoking or using commercial tobacco products will be asked to immediately leave City property
<br />and are subject to further penalties as stated in Ch. 1209.060 of this code.
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<br />1209.060. VIOLATIONS AND PENALTIES. Any person(s) violating any of the
<br />provisions of this Chapter are subject to a documented verbal warning from either a City employee
<br />or law enforcement officer, and/or as outlined in accordance with City Code Chapters 3301.030 -
<br />3301.050. An administrative citation or misdemeanor will be issued to the person charged with the
<br />violation, or in the case of a corporation, to any officer or agent authorized to accept such issuance.
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