Ordinance No.

17-21 Exhibit A

CHAPTER 543 No Smoking or Use of Tobacco Products in Public Parks or on the Premises
of City Owned Buildings/Facilities.

543.01. PURPOSE

The Purpose of this Chapter is to prohibit smoking or the use of i) tobacco products; ii) alternative
nicotine products; and iii) electronic cigarettes (hereafter Smoke or Smoking) on the premises
of City-owned property for the protection of the health, safety and general welfare of the City and
its residents of all ages.

543.02. DEFINITIONS.

(a) For purposes of this Chapter the following definitions apply:

(1) Smoke Free Premises means all property located within a City-owned public park,
including, but not limited to, playgrounds, restrooms, shelter houses, pavilions, outdoor
pools, athletic fields, pedestrian and bike paths/trails, wooded areas, parking lots,
entertainment and performance areas, bleachers, public bridges, and sitting/standing
areas. Smoke Free Premises also includes the entire parcel or parcels of land upon
which City-owned buildings and facilities are located.

(2) Tobacco Product means any product that is made from tobacco, including, but not
limited to, a cigarette, hookah, a cigar, pipe tobacco, chewing tobacco, snuff, liquid
nicotine or hookah.

(3) Electronic Cigarette means, subject to subsection (a)(3)(A) 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, vape pen, e-hookah or electronic pipe.
A. Electronic cigarette does not include any item, product or device described
in subsections (a)(4)(A)1 to 4 of this section.

(4) Alternative Nicotine Product means, subject to subsection (a)(4)(A) of this section,
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.
A. 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);
 Ordinance No. 17-21 Exhibit A

4. Any product that is a combination product as described in 21 U.S.C.

353(g).

543.03 PROHIBITION

It shall be unlawful to Smoke or otherwise use Tobacco Products, Alternative Nicotine Products
and Electronic Cigarettes, in or on Smoke Free Premises, unless excepted as provided in subsection
(a) below.
a. Smoking, or the use of Tobacco Products and/or Alternative Nicotine Products and/or
Electronic Cigarettes by an individual inside the confines of an enclosed motor vehicle
where that individual has taken all reasonable steps to prevent smoke or vapors from
escaping the motor vehicle (all doors are closed, the windows are rolled up, the sunroof
is closed, the convertible top is up and closed) is not prohibited under this Chapter.

543.99 PENALTY

Whoever violates any provision of this Chapter is guilty of a minor misdemeanor and subject to a
fine not to exceed $150.00. Whoever violates any provision of this Chapter on a subsequent offense
is guilty of an unclassified misdemeanor and may be fined up to $250.00. Any person who willfully
continues to violate any provision of this Chapter after being requested by a City park or building
official, or by a Hilliard police officer, to comply with the provisions of the Chapter, shall
immediately be removed from the Smoke Free Premises.