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(A) Purpose. The Mayor and Council of the City of Goodyear, Maricopa County, Arizona declare that the purpose of this section is to protect the outdoor recreation environment of its citizens and improve the public health of all citizens, business and visitors by prohibiting smoking in public recreational areas.

(B) Except as otherwise allowed by law, it shall be unlawful to smoke (as defined in Section 11-1-17 of this Code) in a park or preserve.

(C) Unless otherwise allowed by law, it is unlawful for any person to smoke (as defined in Section 11-1-17 of this Code) while on or within any public bike trail, hiking trail, river trail, horse trail, city park or preserve, picnic area, ball field, court, play ground or other area designated or reserved for any other temporary gathering of people. As provided in Section 11-1-17 of this Code, vaping is included within the definition of Smoking and is prohibited.

(D) Enforcement and penalties. Any person found guilty of violating the requirements of this section shall be guilty of a petty offense, punishable by:

(1) A fine not exceeding $100 plus surcharges for a first violation in any 24-month period;

(2) A fine not exceeding $200 plus surcharges for a second violation in any 24-month period;

(3) A fine not exceeding $300 plus surcharges for a third violation in any 24-month period;

(4) Any person who violates any provision of this section four or more times in any 24-month period may be charged with and found guilty of a class 1 misdemeanor. (Ord. 19-1449, passed 9-23-2019)