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

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(6) Recreation venue. A facility occasionally used for youth sports or recreational events such as fishing and riding, either organized or non -organized; including the Lomax Arena, the Sylvan Beach Fishing Pier, the Seabreeze Fishing Pier, the Little Cedar Bayou Nature Trail and Bird -watching Stand, the San Jacinto Pool, the Little Cedar Bayou Wave Pool, the Northwest Pool, the Fairmont Pool, the Brookglen Pool and the La Porte Recreation and Fitness Center. (7) Electronic vaping liquid also known as "e juice" and "e -liquid" shall mean any liquid product composed of propylene glycol or other carrier solvent and may contain nicotine and/or any other substance and manufactured for the use with electronic vaping devices. (8) Smoking or smoke means inhaling, exhaling, burning, possessing or carrying any tobacco product including but not limited to a lighted cigar, cigarette, pipe, weed, plant or combustible substance in any manner or in any form and/or vaping or the use of any electronic vaping device. (9) Vaping means inhaling or exhaling vapors of electronic vaping liquid from an electronic vaping device. (b) A person commits an offense if he or she uses tobacco products or electronic vaping devices on the premises of any city park. (c) This section does not apply to the use of tobacco products or electronic vaping devices on the premises of the City of La Porte Bay Forest Golf Course (except during organized youth sports event). (d) Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this section. (e) Any person, as defined in V.T.C.A. Penal Code § 1.07(27), who shall violate any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00." Section 2: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 4. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00).