§ 35.01 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

INDOOR AREA. Any enclosed area or area visited by employees or the public, at all times, regardless of whether work is being performed. INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, as well as all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like.

MARIJUANA PRODUCT. Any product that contains marijuana and is intended for human consumption. MARIJUANA PRODUCT does not include any product approved by the United States Food and Drug Administration for sale as a marijuana cessation product.

MUNICIPAL PROPERTY. All buildings, indoor areas, and outdoor areas, including, but not limited to, recreational areas, and other property, or portions thereof, owned or operated by the town, including, but not limited to, vehicles and equipment owned by the municipality. OUTDOOR AREA. Any area that is not an indoor area and includes outdoor recreational areas.

SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.

TOBACCO and/or MARIJUANA PRODUCTS. Any product that contains tobacco and is intended for human consumption. TOBACCO and/or MARIJUANA PRODUCTS does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product.

VAPOR PRODUCT. Any noncombustible product that may or may not contain nicotine, that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, and that can be used to product a vapor in a solution or other form. VAPOR PRODUCT shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution that may or may not contain nicotine and that is intended to be used with or in an electronic cigarette, electronic cigarillo, or electronic device.

(Ord. 2019-09, passed 10-8-2019)

§ 35.02 PROHIBITED CONDUCT.

(A) Smoking tobacco and/or marijuana products is prohibited in all places which smoking tobacco and/or marijuana products is prohibited by state law.

(B) Using tobacco and/or marijuana products or vapor products is prohibited on all municipals property, indoor and outdoor, including parks and recreational areas.

(C) Nothing in this subchapter prohibits any person or entity from prohibiting the use of tobacco and/or marijuana products or vapor products on his or her property, even if the use of tobacco and/or marijuana products or vapor products is not otherwise prohibited in that area.

(D) No person or entity shall knowingly permit the use of tobacco and/or marijuana products or vapor products in an area that is under the control of that person or entity and in which the use of tobacco and/or marijuana products or vapor products is prohibited by law.

(E) (1) No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law.

(2) However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco and/or marijuana products or vapor products in violation of any provision of this subchapter.

(F) No person shall dispose of tobacco and/or marijuana products or vapor product waste within an area in which the use of tobacco and/or marijuana products or vapor product waste is prohibited.

(G) No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this subchapter.

(Ord. 2019-09, passed 10-8-2019)

§ 35.03 REQUIRED SIGNS.

(A) The person or entity that has legal or de facto control of an area in which the use of tobacco and/or marijuana products or vapor products is prohibited by this subchapter shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one other conspicuous point within the area.

(B) For restrictions on the use of tobacco products or vapor products in indoor areas, the sign or decal shall be at least four inches by two inches in size and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided. For restrictions on the use of tobacco products or vapor products in outdoor areas, signs shall be weather-resistant, at least 15 inches by 15 inches in size, with lettering of at least one inch, and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided.

(C) For purposes of this section, the Town Board or an appointed designee shall be responsible for the posting of signs on municipal property, both indoor and outdoor.

(D) Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any other provision of this subchapter.

(Ord. 2019-09, passed 10-8-2019)

§ 35.04 ENFORCEMENT.

(A) Enforcement of this subchapter shall be the responsibility of the Police Department. In addition, any peace officer or code enforcement official may enforce this subchapter.

(B) The possession of a lighted tobacco and/or marijuana products in violation of this subchapter is a nuisance.

(C) The remedies provided by this subchapter are cumulative and in addition to any other remedies available at law or in equity.

(D) In addition to other remedies provided by this subchapter or by other law, any violation of this subchapter regarding tobacco and/or marijuana products or vapor product use may be remedied by the Town Board, including, but not limited to, administrative or judicial nuisance abatement proceedings, criminal code enforcement proceedings, and suits for injunctive relief.

(Ord. 2019-09, passed 10-8-2019)

§ 35.99 PENALTY.

(A) Any person violating any of the provisions of this chapter shall be punished as provided in § 10.99 of this code of ordinances.

(B) (1) Any person who knowingly violates §§ 35.01 through 35.04 shall be punished by a citation and fine of not less than $10 for the first offense and not more than $25 for each offense after in accordance with §§ 35.01 through 35.04.

(2) Each instance of tobacco and/or marijuana products or vapor product use in violation of §§ 35.01 through 35.04 shall constitute a separate violation.

(3) Causing, permitting, aiding, abetting, or concealing a violation of any provision of §§ 35.01 through 35.04 regarding tobacco and/or marijuana products or vapor product use shall also constitute a violation of §§ 35.01 through 35.04.

(Ord. 2019-09, passed 10-8-2019)