34.01 Prohibition of smoking tobacco products on city-owned property.
(A) Purpose. In order to serve public health, the City of Nehalem finds and declares the purpose of this section is to establish city property as a smoke free environment where persons will be free from inhaling smoke by prohibiting the smoking of tobacco products on city property.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY-OWNED PROPERTY. A building, structure, or space, and land appurtenant to that building or structure owned by the city.
RIGHT-OF-WAY. Includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements, and all other public ways or areas, including subsurface and air space over these areas.
SMOKING. Any inhaling, exhaling, burning, or carrying of any lighted cigar, cigarette, pipe, or any other tobacco product intended for inhalation, in any manner or in any form. Smoking also includes the use of an electronic smoking device that creates aerosol or vapor, in any manner or in any form.
TOBACCO PRODUCT. Any tobacco cigarette, cigar, pipe tobacco, or any other form of tobacco which may be utilized for smoking, inhalation or other means of ingestion.
(C) Smoking banned on city property. No person shall smoke tobacco products on any city-owned property, parks, or other outdoor areas owned by the city, but not including city right-of-ways. City-owned property includes, but is not limited to, the following places.
(1) City Hall, old Fire Station/Public Works building, including parking lots, landscaping, walkways and storage areas.
(2) City parks, undeveloped parks, and associated trails and walking paths.
(3) City facilities, including the water treatment plant, storage facilities and reservoirs.
(4) Public restrooms and city-owned open spaces.
(D) Violation and Penalties. It is a Class C Civil Infraction to smoke or ingest tobacco products on any city-owned property, with fines up to $250 per incident. (Ord. 2017-01, passed 10/9/2017)