O-2016-3649 Amend Ch. 50 "Parks and Recreation", pertaining to use of tobacco and vaping products at City parks

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ORDINANCE NO. 2016-3649 AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING REGULATIONS PERTAINING TO USE OF TOBACCO AND VAPING PRODUCTS AT CITY PARKS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1: That Chapter 50, "Parks and Recreation," Article I "In General", Section 50-4 "Use of tobacco products on athletic play fields and recreational venues", of the Code of Ordinances of the City of La Porte, Texas, is hereby amended and shall hereinafter read as follows: "Sec. 50-4. - Use of tobacco products or electronic vaping device in city parks. (a) The following words or terms when used in this section shall have the following meanings, unless the ;context clearly indicates otherwise: (1) Parks. A park, conservation area, athletic play field, playground, beach, recreation venue or center, or other area in the city owned, leased or used, wholly or in part, by the city for such purposes or which is designated by the city council as a park. (2) Tobacco product means a cigarette; a cigar; smoking tobacco, including granulated, plug -cut, crimp - cut, ready rubbed and any form of tobacco suitable for smoking in a pipe or as a cigarette; chewing tobacco, including plug, scrap, and any kind of tobacco suitable for chewing, snuff or other preparations of pulverized tobacco; nicotine product, or dissolvable nicotine; (3) Tobacco product or electronic vaping device use. Smoking, chewing, snuffing or otherwise inhaling or ingesting any tobacco product or an electronic vaping device. (4) Athletic play fields. A baseball field, softball field, soccer field that has been designed for regulation play or practice play at a park. (5) Electronic vaping device means any electronic device composed of a mouthpiece, heating element, battery and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid nicotine and/or other substances mixed with propylene glycol and/or other substances delivered or deliverable to the user that he/she can inhale in simulation of smoking. This term shall include every version and type of such devices whether they are manufactured or marketed as electronic cigarettes, e - cigarettes, electronic cigars, e -cigars, electronic pipes, e -pipes, electronic hookahs, e -hookahs or under any other product name or design.