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Ordinance No.2229
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<br /> B. "Electronic Smoking Device" means an electronic cigarette or a similar device,
<br /> including, but not limited to, a device intended to simulate Smoking, which permits a
<br /> Person to inhale vapors or aerosols that may or may not contain nicotine.
<br /> C. "Enclosed Area" means an area on a Subject Property enclosed by a roof and
<br /> walls on all sides with appropriate openings for ingress and egress, windows, and
<br /> ventilation.
<br /> D. "Landlord" means any Person who owns a condominium, townhome, or building
<br /> with three or more attached dwelling Units, and who rents such a Unit to another
<br /> Person.
<br /> E. "Nonsmoking Area" means any Enclosed Area or Unenclosed Area in which
<br /> Smoking is prohibited by: (1) this chapter or other law; (2) by binding agreement relating
<br /> to the ownership, occupancy, or use of the real property; or (3) by designation of a
<br /> Person with legal control over the area.
<br /> F. "Person" means any natural person, partnership, cooperative association,
<br /> corporation, personal representative, receiver, trustee, assignee, or any other legal
<br /> entity, including government agencies.
<br /> G. "Smoke" means any vapors, gases, particles or other by-products released into
<br /> the air as a result of combustion, electrical ignition, or vaporization when the apparent or
<br /> usual purpose of the combustion, electrical ignition, or vaporization is human inhalation
<br /> of the byproducts, except when the combusting or igniting or vaporizing material both
<br /> contains no Tobacco or nicotine and the usual purpose of inhalation is solely olfactory
<br /> such as with the burning of incense. Smoke specifically includes, but is not limited to,
<br /> gases, particles, vapors, or other by-products released by Electronic Smoking Device,
<br /> Tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any other type of
<br /> cigarette, pipe or other implement for the purpose of inhalation of vapors, gases,
<br /> particles or other by-products released as a result of combustion or ignition or
<br /> vaporization.
<br /> H. "Smoking" or "to smoke" means inhaling, exhaling, burning or carrying any
<br /> lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking
<br /> Device or paraphernalia; or engaging in an act that generates Smoke; or lighting or
<br /> igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind including, but not
<br /> limited to, an electronic cigarette.
<br /> I. "Subject Property" means real property on which a condominium, townhome, or
<br /> building(s) or structure(s) with three or more attached dwelling Units is located.
<br /> J. "Tobacco" or "nicotine product" means any substance containing tobacco leaf,
<br /> including, but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, or any
<br /> other preparation of tobacco; and any electronic cigarette or other electronic device
<br /> used to generate Smoke; and any product or formulation of matter containing
<br /> biologically active amounts of nicotine that is manufactured, sold, offered for sale, or
<br /> otherwise distributed with the expectation that the product or matter will be introduced
<br /> into the human body, but does not include any cessation product specifically approved
<br /> by the United States Food and Drug Administration for use in treating nicotine or
<br /> tobacco dependence.
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