Upland Municipal Code Ch. 9.60 Smoking and Vaping Prohibited in Public Spaces

Smoking, including, but not limited to, the use of any electronic smoking device, is prohibited in all public spaces in the city.

(Ord. 1942 § 2, 2020)

The following definitions shall apply to this chapter:

"Electronic smoking device"

means:(1) an electronic and/or battery operated device that can be used to deliver an inhaled dose of nicotine or other substances; or (2) any product intended or sold for use with such a device. The term includes any product meeting this definition, whether it is manufactured, distributed, marketed, or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaping device, vaporizer, or any other product name or descriptor. The term does not include any inhaler prescribed by a licensed doctor, or any other product specifically approved by the United States Food and Drug Administration for use in the mitigation, treatment, or prevention of diseases.

"Public spaces"

means any property or building owned or operated by the city, inclusive of city-owned or operated building or unenclosed area held open by the city for public use such as public parks and recreation areas, public plazas, and the Euclid Avenue median, but excluding any city-owned property or building the city has leased for private use.

"Smoke"

means the gaseous or vaporous byproducts and particles 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 those byproducts contain no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as smoke from incense. The term "smoke" includes, but is not limited to, tobacco smoke or vapors emitted from an electronic smoking device.

"Smoking"

means the act of generating or emitting smoke, including by possessing, carrying, or operating a lighted pipe, lighted cigar, lighted cigarette, etc.; operating, lighting, igniting, activating, or vaping an electronic smoking device; or lighting or igniting a pipe, cigar, cigarette, or hookah pipe of any kind, including, but not limited to, tobacco, chemicals, or other smoking or combustible material. "Smoking" also means inhaling, exhaling, burning, vaping, or vaporizing any lighted, heated, or ignited cigar, cigarette, cigarillo, etc. or other electronic smoking device or tobacco product in any manner or in any form.

"Tobacco product"

means any product containing, made of, or derived from tobacco or nicotine, whether natural or synthetic, including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, bidis, etc., or any other preparation of tobacco that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body via smoking. "Tobacco product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

(Ord. 1942 § 2, 2020)