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(A) The purpose of this section is to protect the public health, safety and welfare of the public frequenting enclosed city facilities or city vehicles and employees of the City who utilize city enclosed facilities or city vehicles by establishing restrictions on the use of smoking devices, as defined in this section, in city enclosed facilities and vehicles of the City.

(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

AEROSOL. A suspension of fine solid or liquid particles in gas.

CITY ENCLOSED FACILITIES. Any vehicle, enclosed building or structure that is owned, leased or operated by the City, including, but not limited to, City Hall, Police Department, Fire Department, Finance, Court, Public Works Wastewater Treatment Plant and Goodyear Community Center.

ENCLOSED. Any vehicle, or building enclosed on all sides and covered with a roof with the only access to the outside being through doors or windows.

SMOKE or SMOKING. The act of inhaling, exhaling, burning, vaping, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, water pipe, Smoking Device, or any other device that delivers nicotine or other Tobacco Product to a person.

SMOKING DEVICE. Any device that delivers or is capable of delivering nicotine to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, e-cigarette, vape-pen, or any other device that delivers nicotine or other Tobacco Product (as defined in this section) to a person. Notwithstanding any provision of this subsection to the contrary, "Smoking Device" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately.

TOBACCO PRODUCT. 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, dipping tobacco, pipe tobacco, snuff, and electronic or mechanical versions of these items. "Tobacco Product" does not include drugs, or combination products authorized for sale by the State of Arizona or by the United States Food and Drug Administration, as those terms are defined by the State of Arizona or the Federal Food, Drug, and Cosmetic Act.

VAPE or VAPING. The act of inhaling and exhaling the aerosol, often referred to as vapor, which is produced by a Smoking Device.

VEHICLE. A device in, on or by which a person or property is or may be transported or drawn on a public highway. "Vehicle" does not include: (a) Electric bicycles and devices moved by human power; (b) Devices used exclusively on stationary rails or tracks; (c) Personal delivery devices; (d) scrap vehicles.

(C) It shall be prohibited and unlawful for any person to smoke or use any Smoking Device in any city enclosed facility or vehicle.

(D) Any person found guilty of violating the requirements of this section, shall be guilty of a petty offense and shall be punishable by a fine of $50 plus surcharges for each violation of this section. (Ord. 19-1449, passed 9-23-2019)