29.00 Smoking

29.01 * Use of Tobacco Products and Smoking Prohibited
29.02 * Sale of Tobacco Products Prohibited
29.03 Definitions
29.04 Exceptions

.01* No person shall (a) smoke, or (b) otherwise use any product derived from or containing tobacco, on any property governed by the board.

.02* Products derived from or containing tobacco may not be sold on any property governed by the board.

.03* For the purpose of this Ordinance:
 
To “smoke” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic.  To “smoke” also includes the use with any such tobacco or plant product of a pipe or hookah; of any electronic smoking device which creates, in any manner, an aerosol or vapor, in any form (including but not limited to vaping); or of any other oral smoking device.
 
“Products derived from or containing tobacco” include, without being limited to, cigarettes (including clove, bidis, kreteks), electronic cigarettes, aerosol or vapor nicotine delivery devices, cigars and cigarillos, pipe tobacco, hookah-smoked products, and oral tobacco (spit and spit less, smokeless, chew, snuff).

.04Notwithstanding the foregoing, all FDA-approved nicotine replacement therapy products are permitted when used for purposes of cessation.  Traditional Native American spiritual, ceremonial, or cultural use or tobacco, including but not limited to possessing, gifting, smoking, combusting (with or without smoking), and depositing on the ground or in the water, is permitted.  Indoor use requires prior notice.  Traditional Native American smudging using tobacco, sage, cedar, or sweetgrass is also permitted. The notification form can be found here. Other exceptions to this Ordinance may be authorized by the Secretary of the Board pursuant to guidelines issued by the secretary.

 

*Denotes Civil Infraction

Enacted: September 15, 1964
Amended: May 16, 1969
Amended: December 10, 1994
Amended: October 13, 1995
Amended: August 15, 2016
Amended:  September 10, 2021
Amended: September 6, 2024