Sanger Municipal Code § 42-21 Permits to operate nonmotorized vendor vehicles in city recreational areas

Footnotes:

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Cross reference— Parks and recreation commission, § 2-141 et seq.; park and recreation facilities in subdivisions, § 62-211 et seq.

State Law reference— Municipal authority to acquire property for the development of recreational facilities, Government Code § 37361; authority to prohibit encroachments and obstructions in parks, Government Code § 38775; municipal park control, Public Resources Code § 5181.

It is the purpose and intent of this chapter to promote the safety, comfort and convenience of the public's use and enjoyment of any park or recreational area and the use and enjoyment of any building, structure, equipment or apparatus thereon.

(Code 1960, § 13.1)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverages means alcohol, spirits, liquor, beer, wine or other liquid which contains one-half of one percent or more of alcohol by volume.

Amplified sound means music, speech or sound projected and transmitted by electronic equipment including amplifiers.

Director means the director of recreation and community services of the city or his designated representative.

Park means any public area owned or controlled by the city or the Sanger Redevelopment Agency, and used for recreational purposes.

Recreational area means a playground, swimming pool, recreation center or any other area in the city, owned or used by the city or the Sanger Redevelopment Agency and devoted to active or passive recreation.

Vehicle means any wheeled conveyance, whether motorpowered, drawn or self-propelled, of any size, kind or description except for baby carriages and vehicles in service to the city.

(Code 1960, § 13.3; Ord. No. 896, § 6(29), 10-7-93)

Cross reference— Definitions and rules of construction generally, § 1-2.

It shall be the duty of every person to see that the provisions of this chapter are observed and to call to the attention to the director of parks and recreation, all foremen and employees in public parks, any police officer or other employee of the city, any violations thereof.

(Code 1960, § 13.2)

All parks and recreational areas under the jurisdiction of the city, either by ownership or lease-contract for use, shall be open to the public every day of the year during the designated hours of 7:00 a.m. and 10:00 p.m. and no person shall be in a park except for those hours without prior written approval from the director. The opening and closing hours for recreational areas shall be made available for public information.

(Code 1960, § 13.4)

(a) In any emergency or when the director shall determine that the public interest, public health, public morals, or public safety demands such actions, any park or recreational area or portion thereof may be declared closed to the public by the director at any time and for any interval or time, either temporarily or at regular and stated intervals, daily or otherwise, and either entirely or merely to certain uses, as the director finds reasonably necessary.

(b) No person shall enter an area posted as "Closed to the Public" nor shall any person use or abet the use of any area in violation of posted notices.

(Code 1960, § 13.5)

The finding of all lost articles and those articles reported as lost in any park or recreational area shall be reported to the director, who shall make every reasonable effort to find the rightful owner or find articles reported lost.

(Code 1960, § 13.6)

No person in a park or recreational area shall:

(1) Throw stones or other missiles.

(2) Take into, have brought into or have in his possession, or exhibit, set off or otherwise cause to explode, discharge or burn, any fireworks or explosives, or discharge them or throw them into any such areas from land or highways adjacent thereto. This prohibition includes any substance, compound, mixture or article that, in conjunction with any other substance or compound, is capable of exploding.

(3) Fire or carry any pellet gun, BB gun, handgun, rifle, cannon or other firearm.

(4) Play or bet at or against any game which is played, conducted, dealt or carried on for money, chips, shell, credit, or any other representative of monetary value.

(5) Engage in any disorderly conduct or behavior in breach of the public peace.

(6) Practice, carry on, conduct or solicit for any trade, occupation, or profession, without the written permission of the director.

(7) Climb upon any wall, fence, shelter, seat, statue, monument, tree, structure, fixture, building, construction or erection not designated for such use.

(8) Use restrooms and washrooms designated for the opposite sex, provided that this shall not apply to children accompanied by their father, mother, guardian or custodian.

(9) Kindle a fire, except in facilities specifically provided for that purpose, nor leave a picnic or other area before a fire is completely extinguished.

(10) Bring, land, or cause to descend or alight from any helicopter, airplane, airship, flying machine, dirigible balloon, parachute or other instrument, machine or apparatus for aviation.

(11) Erect, construct, install, or post any structure, wire, pipe or sign of any kind whatsoever without prior written permission of the director.

(12) No sound amplification system used for the amplification of music shall be permitted to be used in any park without the prior approval of the director, who may deny approval if such use will unduly disturb users of, or neighbors to, the park. Permits will be issued only as a part of a permit being issued under section 42-18.

(13) Claim exclusive use of, prevent the use by others of, nor reserve for use any park area without prior written permission of the director.

(14) Violate the regulation that use of the individual fireplaces together with tables and benches follows generally the rule of "first come, first served" with the exception that those units may be reserved by an authorized permit signed by the director or his representative.

(15) Take part in or abet the playing of games involving batted, thrown or otherwise propelled objects of danger such as golf balls, baseballs, stones, arrows, javelins, or model airplanes in any park or recreation area except in areas set apart for such forms of recreation. The use of golf clubs, bats, or other similar objects, the playing of rough or competitively dangerous games such as football or baseball is prohibited except on fields or areas provided therefor with the following exceptions: all children ages 12 years of age and under shall be allowed to participate and take part in unorganized games of T-ball, kickball, football, soccer or any other game predominantly played by children in all city parks with the exception of baseball.

(16) Bring into any park or recreation area any food or beverage container made of glass; nor cause any object made of glass to be broken in any such area.

(Code 1960, § 13.7; Ord. No. 896, § 6(30), 10-7-93; Ord. No. 968, § 1, 7-3-97)

No person in a park or recreational area shall:

(1) Cut, break, injure, dig up, pull out, pluck or in any manner injure any tree, bush, shrub, flower or plant.

(2) Remove or take away any tree, wood, bush, turf, flower, plant, grass, soil or rock, or anything of like kind.

(3) Destroy, mutilate, deface, cut, scratch, mark upon, burn, write upon, print upon, paint upon, or otherwise mar, mutilate, deface or injure any building or structure, restroom, toilet or any wall, fence, door, post, fixture, monument, bench, table, or other equipment; or ill use or injure in any way any building, lighting unit, restroom, mechanical equipment, playground apparatus, meter or regulating and controlling device.

(4) Make any excavation by tool, equipment, blasting or other means or agency.

(5) Drop, throw or otherwise scatter lighted matches or any flammable materials on any ground, building, structure, fence, post, restroom, table, bench, tree, plant, bush, flower, monument, wall, door, fixture, fountain or any part thereof.

(Code 1960, § 13.8)

No person shall:

(1) Leave, drive, entice, conduct, ride or otherwise bring any horse, mule, ass, cattle, goat, sheep, swine, or other animals or fowl of any kind in any park or recreation area without written permission from the director.

(2) Permit, allow or suffer any domestic dog to enter upon or remain in any park or recreation area, unless such dog is fastened to and restrained by a chain or leash not more than eight feet long.

(3) Allow a dog in his custody to defecate or to urinate on any park or recreational area. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. Unsighted persons, while relying on a guide dog, shall be exempt from this section. If a violation occurs, such persons shall immediately remove all feces to a proper receptacle.

(4) Hunt, chase, shoot, trap, discharge or throw missiles at, molest, disturb, snare, catch, injure or destroy any animal, bird, fish or reptile in any park or recreational area.

(5) Feed or offer food to any fish, bird, animal or reptile in any park or recreational area.

(6) Give or offer any tobacco, alcoholic beverage or other noxious substance to any fish, bird, animal or reptile in any park or recreational area.

(Code 1960, § 13.9)

Cross reference— Animals, ch. 10.

No person in a park or recreational area shall:

(1) Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, swimming pool or other body of water any dirt, filth, substance, matter or thing, liquid or solid, which will or may result in the pollution of such waters.

(2) Swim, bathe or wade in the waters of any fountain, pond, lake, stream or other body of water, except that wading and swimming shall be permitted in pools provided for these purposes.

(Code 1960, § 13.10)

Cross reference— Utilities, ch. 82.

No person in a park or recreational area shall:

(1) Fail to comply with all applicable provisions of the vehicle code of the state in regard to equipment and operation of vehicles together with such regulations as are contained in this chapter and ordinances of the city regulating traffic.

(2) Fail to obey all police officers and park employees who are hereinafter instructed to direct traffic whenever and wherever needed in accordance with the provisions of these regulations and such supplementary regulations as may be issued subsequently by the director.

(3) Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping, or parking, and all others posted for proper control and to safeguard life and property.

(4) Ride or drive a vehicle at a rate of speed exceeding ten miles an hour, except upon such roads as the director may designate, by posted signs, for faster travel.

(5) Operate a vehicle in an area other than paved park roads and parking areas, nor park a vehicle in other than a designated permanent or temporary parking area without written permission from the director.

(6) Ride a bicycle other than on the right-hand side of a paved vehicular road or single file on a designated bicycle path. A bicyclist may be permitted to wheel or push a bicycle by hand over any grassy area or on any paved area reserved for pedestrian use.

(7) Park a bicycle in a place other than a bicycle rack when such is provided and there is space available, nor at any time lean a bicycle against a tree or shrub, nor leave it lying on a lawn or paved area or other location or position where other persons may trip over or otherwise be injured by it.

(Code 1960, § 13.11)

Cross reference— Traffic and vehicles, ch. 70.

No person in a park or recreational area shall throw, cast, place, deposit or dump or cause to be thrown, placed, cast, deposited or dumped any ashes, refuse, garbage, paper, scraps, dirt, dead animal, dead fish, dead fowl, dead bird, dead reptile, glass, crockery, bones, cans or like matter, empty box, carton, wastepaper, remains of food, newspaper, filth or rubbish of any kind except to place the same in the trash cans, bins or receptacles provided for such matter. Where receptacles are not provided or are insufficient to accommodate trash and refuse, all such trash and refuse shall be carried away from the park or recreational area by the person responsible for its presence, and properly disposed of elsewhere.

(Code 1960, § 13.12)

Cross reference— Solid waste management, ch. 54.

(a) No person shall bring into any park or recreation area, or possess or consume in any park or recreation area, any alcoholic beverage, except as provided in subsections (b) and (c) of this section.

(b) The sale, possession, and/or consumption of beer or wine in any park or recreation area may be authorized by the director upon issuance of an alcoholic beverage consumption permit as provided in subsection (c) of this section.

(c) The application for an alcoholic beverage permit shall include the following:

(1) The number of persons expected to attend the event;

(2) Whether minors are expected to be in attendance at the event, and if so, the number of minors expected to be present;

(3) That the applicant has obtained all proper permits from the department of alcoholic beverage control (ABC) of the state;

(4) That the applicant has obtained satisfactory insurance for the event; and

(5) That the applicant has obtained all necessary business licenses.

(d) The director shall consult with the chief of police prior to issuing the alcoholic beverage permit. The permit shall be issued unless the director determines that there are specific reasons for believing that consumption of alcoholic beverages, as applied for in the permit application, will result in breaches of the peace or other violent or unlawful conduct by persons anticipated to attend the event. The director may consider prior events by the same group as a basis upon which to deny the permit. The director shall, if requested by the chief of police, require the applicant to provide security guards for the event.

(Code 1960, § 13.13)

Cross reference— Alcoholic beverages restricted, § 38-11.

No person in a park or recreational area shall:

(1) Bring or cause to be brought into, for the purpose of sale or barter, or have for sale, or sell or exchange, or offer for sale or exchange, any goods, wares, or merchandise or other products without first having obtained a written permit from the director. The director shall issue permits for the sale of arts, crafts, food products, nonalcoholic beverages and event related products only in conjunction with special community events, except as provided in section 42-21. Applicants shall obtain appropriate city business licenses;

(2) Announce, advertise or call the public attention in any way to any article or service for sale or hire other than in conjunction with permitted sales booths;

(3) Solicit alms or contributions for any purpose, whether public or private;

(4) Distribute, circulate, give away, throw or deposit any handbills, circulars, pamphlets, tracts, dodgers, papers, advertisements, or written or printed notice advertising any commodity, article, merchandise, business activity, person or thing; or post or offer or affix by paste, glue, tack, nail, tape or otherwise to any tree, fence, building, bench, structure, wall, apparatus, post, pole or other physical object any handbills, circulars, pamphlets, tracts, dodgers, papers, advertisements, or written or printed notice advertising any commodity, article, merchandise, business, person, thing or activity; or

(5) Erect or cause to be erected any sign whatever without written approval from the director.

(Code 1960, § 13.14; Ord. No. 915, § 3, 2-2-95)

Cross reference— Businesses, ch. 18.

(a) No person shall camp, lodge, sleep or tarry overnight in any park or recreation area without written permission from the director.

(b) No person shall set up tents, shacks, or any other temporary shelter for the purpose of camping in any park or recreational area without written permission of the director.

(c) No person shall leave in a park or recreation area any moveable structure or special vehicle to be used or that could be used for camping, such as a house trailer, camp trailer, motor home, or the like, without written permission from the director.

(d) Standards for issuance shall be the same as for permits in section 42-18.

(Code 1960, § 13.15)

The director, with the approval of the city manager, shall have authority to promote the use of city-owned parks and recreation areas for the benefit of the people of the city by organizing, carrying on, conducting and maintaining regularly scheduled and planned athletic contests and games under the supervision of such director, under rules and regulations to be adopted by such director, which, among others, shall include the following:

(1) Organized and sponsored athletic teams may be assigned exclusive use of parks and recreational areas for the carrying on and conducting of athletic contests and exhibitions, at which the public shall be admitted without charge, except that voluntary contributions may be collected under the direct supervision of the director of such contests. All of such money so received shall be immediately deposited in the general fund of the city.

(2) All of such regularly scheduled athletic contests, games or events shall be carried on and conducted under the supervision and control of the director.

(3) Preference in the use of such parks and recreational areas and the holding of such athletic games and events shall be given to the residents of the city; provided, however, that the director may, if the director deems it to be in the best interest of the promotion of such park and recreational activity, authorize contests between organized athletic teams coming from areas outside of the territorial boundaries of the city and may also, if the director deems it advisable, permit organized teams resident outside of the city to compete in regularly scheduled contests with teams composed of members resident within the city.

(4) The director may, if it is deemed advisable, require each competing team or contestant to pay an entry fee either for a single contest or for a series of contests in league activity. All moneys collected by the director either by way of entry fees or contributions shall be paid as hereinabove provided in the general fund of the city. Competing teams shall not receive any traveling expenses or other direct payment from the city for their participation in any contest.

(Code 1960, § 13.16)

Cross reference— Amusements and entertainments, ch. 6.

No parent, guardian or custodian of a minor shall permit or allow such minor to do any act or thing, in any park or recreational area, prohibited by the provisions of this chapter. The parent, guardian or custodian of a minor who violates any provision of this chapter shall be guilty of an infraction.

(Code 1960, § 13.17)

(a) Required. A permit is required for the exclusive use of any picnic or other area in a city park, recreational area or other city facility.

(b) Application. The person, organization or group seeking an exclusive use permit shall file an application with the director. The application shall state:

(1) The name and address of the applicant;

(2) The name and address of the person, persons, organization or group sponsoring the activity or event;

(3) The dates and hours for which the permit is requested;

(4) The area for which the permit is requested;

(5) The number of persons anticipated to attend the special event;

(6) Whether beer or wine will be served. If beer or wine will be served, a permit under section 13-13 shall be obtained;

(7) Whether a system for amplifying sound will be used and the purposes for which it is sought to be used; and

(8) Any other information which the director finds reasonably necessary to a fair determination as to whether a permit should be issued hereunder.

(c) Standards for issuance. The director shall issue an exclusive use permit when:

(1) The requested area, or areas, is available during the period for which the permit is requested;

(2) The proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the park or recreational area;

(3) The expected attendance does not exceed the capacity established for the area or areas requested;

(4) The use of a system for amplifying sound will not unreasonably interfere with or detract from the general public enjoyment of the park or surrounding area;

(5) The proposed activity will not unreasonably interfere with or detract from the public health, welfare, safety and/or recreation;

(6) The proposed activity will not entail unusual, extraordinary or burdensome inconvenience or expense to the city; and

(7) The proposed activity is not reasonably anticipated to incite violence, crime or disorderly conduct.

(d) Effect of permit. A permittee shall be bound by all city rules and regulations and shall comply with all applicable ordinances as though the same were included in the permit.

(e) Holding exclusive use event without permit. No person without a permit issued hereunder shall use or attempt to use a place set aside for the exclusive use of persons holding a permit, and shall vacate the place upon presentation of the permit issued to others.

(f) Fees. Fees consistent with Ordinance No. 879 (set out in sections 2-241 through 2-247 of this Code) shall be paid for special event permits.

(g) Violations. Violation of conditions, park rules and regulations, or permit requirements may result in the immediate termination of the permit and disqualification for the issuance of any new exclusive use or special event permit for a period of two years from the date of the violation.

(Code 1960, § 13.18; Ord. No. 894, § 1, 9-2-93)

Cross reference— Amusements and entertainments, ch. 6.

Any fees or charges to be collected for permits, the amounts of damages, cleaning deposits or any other reason may be determined by resolution of the city council and shall be administered by the director.

(Code 1960, § 13.20)

The city council may, by resolution, establish and, from time to time, revise fees and policies for the use of city parks and recreation areas.

(Code 1960, § 13.23)

Vendor permits to operate nonmotorized mobile food vending vehicles at designated locations in city parks and recreation areas at which recreational activities are being conducted, shall be available under the following circumstances:

(1) Submittal of a complete application to the director of community services containing all of the following information and materials:

a. The name, address and telephone of the vehicle's owners and operators;

b. The location(s) where the vehicle is kept when it is not in operation and a statement showing that the keeping of the vehicle at such location is not in violation of this Code;

c. All of the items of food to be sold from the vehicle;

d. A copy of the current county health department license for the vehicle;

e. The make, model, year, size, weight and registration of the vehicle;

f. A detailed description of how food vending operations will be conducted, including trash collection and cleanup of the area around the vehicle; and

g. The mechanism by which the vehicle will be brought to the operations site.

(2) Vendor permits to operate shall be issued:

a. For a specific location on the grounds of a designated city park or recreational area, setting forth the specific hours of permitted operations;

b. Permits may be issued for a period of not less than one month and not more than one year;

c. Applicants shall pay a nonrefundable permit fee of $50.00 per month or $500.00 per year for each permitted location and shall also have a city business license;

d. Food vending vehicles shall not exceed ten feet in length and a total weight of 2,000 pounds;

e. The licensee shall, at all times, carry comprehensive public liability insurance in an amount of not less than $100,000.00, and the city shall be named as an insured on such policy;

f. The licensee shall clean, maintain, pick-up and remove all trash within 50 feet of the vehicle's operations site;

g. Any vehicle which travels upon any landscaped area of a city park or recreation area shall be equipped with high floatation tires; and

h. The permit shall not be granted if the application does not provide complete information.

(3) Any person who conducts mobile food vending operations in violation of any provision of this Code or the conditions of the permit issued under this section on more than two occasions within any 12-month period, shall have his/her permit revoked by the director of community services.

(4) Any person may appeal a decision of the director of community services to grant or revoke a permit by filing a written notice of appeal with the city clerk within 15 days after notification of the director's action. The notice of appeal shall specify in writing all grounds for the appeal. The appeal hearing shall be conducted by the city council within 30 days of filing the notice of appeal. The council's decision shall be final.

(Ord. No. 915, § 4, 2-2-95)

(a) The city designates and maintains as a skate park facility that area located at 601 Harrison Avenue for the purpose of riding skateboards, roller skates and in-line skates.

(b) It shall be unlawful and a violation of this section for any person to engage in, or for any adult responsible for the supervision of a minor child to permit the minor child to engage in, any activity prohibited under this section.

(c) The Sanger Skate Park is an unsupervised facility. It is unlawful for a person to ride or use a skateboard or other permitted coasting device, in the skate park unless a person is wearing a helmet, elbow pads and knee pads, and where the skate park has a sign posted that provides that anyone riding a skateboard, or other permitted coasting device, in the skate park must wear a helmet, elbow pads or knee pads or be subject to citation.

(d) Coasting devices permitted in the skate park are limited to human propelled skateboards, roller skates and in-line skates. All other uses and devices are strictly prohibited.

(e) Use of bicycles, tricycles, scooters, and/or any type of motorized vehicles in this skate park is strictly prohibited.

(f) Use or occupation of the skate park before 9:00 a.m. or after dark is prohibited. Use of the skate park is strictly prohibited when the facility is closed.

(g) Use of alcoholic beverages or tobacco products at the skate park is strictly prohibited.

(h) Use of food, beverages or gum products at the skate park is strictly prohibited.

(i) Use of glass at the skate park is strictly prohibited.

(j) No pets are permitted in the skate park.

(k) Use of profanity and/or abusive language, fighting and/or disruptive behavior is strictly prohibited.

(l) Amplified music or organized events is strictly prohibited without prior written approval from the city.

(m) Additional ramps, jumps, obstacles or any other equipment may not be brought into the skate park.

(n) The use of coasting devices, including skateboards, roller skates and in-line skates is considered hazardous recreational activities that create a substantial risk of serious injury or death to participants, those assisting participants, and spectators of such activities. All users of the skate park voluntarily assume the risk of serious injury or death in use of the skate park facility. The city will not be held liable for injuries incurred by users or spectators of this skate park pursuant to Health and Safety Code § 115800 et seq.

(o) The city shall cause signs to be posted at the entrance to the skate park at 601 Harrison Avenue providing notice that any person riding permitted coasting devices in the facility must wear a helmet, knee pads, and elbow pads, commercially manufactured and in good condition, at all times while skating. All helmets and pads must be fastened while skating. Any person failing to do so will be subject to citation and/or prosecution pursuant to the Sanger Municipal Code. It is unlawful for any individual to damage, deface, destroy or alter any property including such sign posted at the skate park facility. Any person in violation of any of these rules may be issued a citation for an infraction with a maximum penalty of $500.00 and the forfeiture of their skateboard or skates.

(Ord. No. 1109, § 1, 11-5-09)

(a) Findings. The city council finds and declares as follows:

(1) Tobacco use causes death and disease and continues to be an urgent public health challenge. Reliable studies have shown that breathing secondhand smoke is a significant health hazard for certain population groups, including elderly people, children, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.

(2) The U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke.

(3) Exposure to secondhand smoke occurs at significant levels outdoors. The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure.

(4) Medical studies have shown that health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm.

(5) Smoking and tobacco use in the proximity of children and adults engaged in activities in recreation areas is detrimental to their health and can be offensive to those using such facilities.

(6) The city believes parents, leaders, and officials involved in recreation are role models for youth and can have a positive effect on the lifestyle choices they make.

(7) Cigarette butts pose a health threat to young children as evidenced by thousands of reports of children poisoned by the ingestion of cigarette butts.

(8) Cigarette butts and packaging are often discarded on the ground, creating additional maintenance expenses, diminished beauty of the city's recreational facilities, and pose a risk to toddlers due to ingestion.

(9) Community youth groups have determined that the prohibition of tobacco use at the city's recreational facilities serves to protect the health, safety, and welfare of the citizens in our city. The city parks, recreation and community services commission concurs with this determination and recommends approval of a no smoking ordinance.

(10) Smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease. It is associated with oral, esophageal, and pancreatic cancers and with increased risk for heart disease and stroke, stillbirth and preterm delivery, and Parkinson's disease.

(11) State law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions.

(12) As of April 2014, at least 131 local jurisdictions in California prohibit the use of electronic smoking devices in specific locations.

(b) Intent. It is the intent of the city council, in enacting this section, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of smoking and tobacco use around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in the city.

(c) Definitions. The following words and phrases, whenever used in this section shall have the meanings defined in this section unless the context clearly requires otherwise:

Electronic smoking device means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. "Electronic smoking device" includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor.

Recreational area means any area including streets and sidewalks controlled or used by the city and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes but is not limited to parks, picnic areas, playgrounds, sports fields, playgrounds, sports fields, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, and amusement parks.

Smoke means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke, electronic smoking device vapors, marijuana smoke, and crack cocaine smoke.

Smoking means inhaling, exhaling, burning, using or carrying any lighted, heated, or ignited cigar, cigarette of any kind, cigarillo, pipe, hookah, electronic smoking device, marijuana, or any plant product intended for human inhalation.

Tobacco product means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

(d) Prohibition of smoking and tobacco product use. Smoking and the use of tobacco products is prohibited in all recreational areas.

(e) Tobacco product sale and distribution prohibited.

(1) No person shall sell, offer for sale, or exchange, or offer for exchange for any form of consideration tobacco products in any city recreational area.

(2) No person shall engage in the non-sale distribution of any tobacco product in city recreational areas.

(f) Disposal of smoking or tobacco product. No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited.

(g) Signage. The city manager or his or her designees shall be responsible for posting "no smoking" signs in all recreation areas.

(Ord. No. 2017-03, § 2, 6-1-17)