Codified Ordinances of Cleveland § 235.01 Declaration of Nonsmoking Places, Prohibition
§ 235.01 Declaration of Nonsmoking Places, Prohibition
(a) Pursuant to RC 3794.05, the City hereby declares any outdoor area owned and/or controlled by the City and not otherwise qualifying as a nonsmoking place under RC Chapter 3794, to be a nonsmoking place, except areas specifically designated by the Director of Public Works as a designated smoking area.
(b) No person shall refuse to immediately discontinue smoking in the outdoor areas declared nonsmoking places by this section when requested to do so by the Director of Public Health or his or her designee or any authorized City officer or employee.
(c) The Director of Public Health or Director of Public Works shall post "No Smoking" signs conspicuously at the ingresses and egresses of all outdoor areas declared nonsmoking places and shall post signs to designate smoking areas where appropriate.
(d) As used in this Chapter:
(1) A. "Alternative nicotine product" means, subject to division (d)(1)B., an electronic cigarette or any other product or device that consists of or contains nicotine that can be ingested into the body by any means, including, but not limited to, chewing, smoking, absorbing, dissolving, or inhaling.
B. "Alternative nicotine product" does not include any of the following:
1. Any cigarette or other tobacco product;
2. Any product that is a "drug" as that term is defined in 21 U.S.C. 321(g)(1);
3. Any product that is a "device" as that term is defined in 21 U.S.C. 321(h);
4. Any product that is a "combination product" as described in 21 U.S.C. 353(g).
(2) A. "Electronic cigarette" means, subject to division (d)(2)B. of this section, any electronic product or device that produces a vapor that delivers nicotine or any other substance to the person inhaling from the device to simulate smoking and that is likely to be offered to or purchased by consumers as an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe.
B. "Electronic cigarette" does not include any item, product, or device described in division (d)(1)B.1. to 4. of this section.
(3) "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, other lighted smoking device for burning tobacco or any other plant, or alternative nicotine product, including electronic cigarettes. "Smoking" does not include the burning of incense in a religious ceremony.
(4) "Outdoor area" means city-owned public parks, City-owned outdoor public recreation areas and City-owned swimming pools, and includes picnic shelters within City-owned parks and recreation areas; Public Square and all downtown malls open to the public; and other City-owned areas adjacent to City-owned and occupied buildings that are used by the public not including the public right-of-way. "Outdoor area" does not include the City-owned golf courses, North Coast Harbor, Voinovich Park, and 9th Street Pier, and City-owned fishing piers and breakwalls, City-owned cemeteries; and designated smoking areas at City airports as designated by the Director of Port Control and City buildings, as designated by the Director of Public Works.
(Ord. No. 695-14. Passed 7-16-14, eff. 9-19-14)