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Ordinance 2208 Exhibit A Page 8 of 12 C. Any cigarette vending machine not removed from the premises or converted to a permissible use within the time limits set forth in this chapter shall be deemed a public nuisance, and may be abated by the city in a civil action or by other appropriate legal proceedings. D. Minors in violation of subsection A may have any tobacco accessories, tobacco product sample, or tobacco product in the minor's possession taken as evidence of the violation by the citing officer or official. Add a new Chapter 18.109 to the Municipal Code as follows: CHAPTER 18.109 RETAILERS OF TOBACCO PRODUCTS AND PARAPHERNALIA 18.109.010 Purpose and intent. It is the purpose and intent of this chapter to reduce the exposure of youth to tobacco products and tobacco paraphernalia in advertisement and product placement at retail establishments near public schools, public parks and public recreation facilities. These are places where youth congregate, as well as travel to and from frequently. By restricting tobacco sales along frequent youth travel routes, this decreases youth exposure to and availability of tobacco products. The intent is to reduce youth smoking and use of tobacco products. 18.109.020 Definitions. For purposes of this chapter, certain words and terms are defined as follows: A. "Public park" means a site or parcel of land owned by a public agency and open to the public for active or passive recreation activity (e.g. neighborhood or community city parks, East Bay Regional Park District park). This definition excludes public trails. B. "Public recreation facility" means a site or parcel of land owned by a public agency and improved with a building or other facility, open to the public for active or passive recreation activity (e.g. city senior center, city aquatic center). C. "Public school" means a site or parcel of land owned by a public school district where instruction is provided, and includes the buildings and related recreation fields. D. "Tobacco paraphernalia" means cigarette papers or wrappers, blunt wraps, pipes, holders of smoking materials of all types, cigarette rolling machines, e-cigarette liquid pods and any other item designed primarily for the smoking or ingestion of Tobacco Products. (See Cal. Business and Professions Code §22962.) This definition may be used throughout Title 18. E. "Tobacco Product" means any of the following: 1. A 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, pipe tobacco, or snuff.