Cedar Valley Ordinances and Covenants
AN ORDINANCE OF THE TOWN OF CEDAR VALLEY PROHIBITING TOBACCO or ELECTRONIC CIGARETTS USE ON TOWN OWNED PROPERTY; AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CEDAR VALLEY, OKLAHOMA, that The Town of Cedar Valley Code of Ordinances Health and Safety, Ordinance Number 210406: Tobacco and Electronic Cigarettes is hereby adopted as follows:
DEFINITIONS.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
ELECTRONIC SMOKING DEVICE. An electronic and/or battery-operated device, the use of which may resemble smoking that can be used to deliver an inhaled dose of nicotine or other substances. ELECTRONIC SMOKING DEVICE includes any such device, whether manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, vape device, electronic transfer device, or any other product name or descriptor:
MUNICIPALLY OWNED PROPERTY. All buildings, indoor areas, and outdoor areas including but not limited to recreational areas, and other property or portions thereof, owned, leased or operated by the Town of Cedar Valley, including but not limited to vehicles and equipment owned by the municipality.
OUTDOOR AREA. Any covered area, partially covered area or area open to the sky that is on a property owned by the town.
RECREATIONAL AREA. Any area that is owned, controlled or used by the Town of Cedar Valley, Oklahoma and open to the general public for recreational purposes, regardless of any fee or age requirement. The term Recreational Area includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, beaches surrounding lakes and skateboard parks.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
TOBACCO PRODUCT. Any substance containing tobacco leaf or nicotine derived from the tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, vape or e-liquids, or any other preparation of tobacco; and any product or formulation of matter containing biologically active amounts of nicotine 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. 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.
PROHIBITION OF TOBACCO PRODUCTS, AND ELECTRONIC SMOKING DEVICES, AND VAPOR PRODUCTS IN OR ON MUNICIPALLY OWNED PROPERTY.
(a) Prohibitions shall apply to all persons at all times.
(b) The possession and/or use of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited in all places in which smoking tobacco products is prohibited by Oklahoma State Law.
(b) All municipally owned properties, including but not limited to vehicles, indoor and outdoor areas, owned, leased, or operated by the Town of Cedar Valley, shall be entirely tobacco free from use of all forms of tobacco products and electronic smoking devices. Public sidewalks and streets are excluded from this provision, but smoking is not allowed within 15 feet of exterior door or intake of a municipal property.
(c) All indoor and outdoor recreational areas owned or operated by the Town of Cedar Valley, shall be entirely tobacco free from use of all forms of tobacco products and electronic smoking devices.
POSTING.
(a) The person who owns or operates a place where smoking or tobacco use is prohibited by State law or Town Ordinance shall be responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free; and/or a weather resistant sign of at least fifteen inches by fifteen inches or twelve inches by eighteen inches with a minimum of one inch lettering at the entrance to outdoor areas.
(b) Responsibility for posting signs or decals shall be as follows:
(1) In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
(2) In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
(3) In publicly municipally owned facilities, the manager and/or supervisor of the facility shall be responsible.
PENALTY.
Any violation of any provision contained in the article is an offence against the Town of Cedar Valley and upon conviction of any such offense the violator shall be punished by fine of up to $200.00 plus court costs.
Section 2. That all other ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other ordinances not in conflict herewith shall remain in full force and effect.
Section 3. The provisions of this Ordinance are severable, and if any part or provision hereof shall be adjudged invalid by any court of competent jurisdiction, such adjudication shall not affect or impair any of the remaining parts or provisions hereof.
Adopted this 6th day of April, 2021
_____________________________(Mayor)
_____________________________(Clerk)