The following words and phrases, when used in this article, shall have the following meanings:

(a)   Access point means the area within a twenty (20) foot radius outside of any doorway, open window or air intake leading into an enclosed area.

(b)   Electronic cigarette (E-cigarette) means an electronic or battery operated device, whether or not such device is shaped like a cigarette, that uses an atomizer, aerosol or similar device that allows users to inhale nicotine vapor or flavored vapor, without fire, smoke or ash. An electronic cigarette includes but is not limited to any electronic nicotine delivery system, electronic vaping device, personal vaporizer, electronic pipe, electronic hookah, or vapor pen.

(c)   Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

(d)   Employer means a person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity which employs the services of one or more individual persons.

(e)   Enclosed area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of door or passageways), which extends from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid or similar structures.

(f)   Place of employment means any enclosed area under the control of a public or private employer including, but not limited to, work areas, auditoriums, elevators, private offices, employees lounges, restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility required to be licensed by the state.

(g)   Public place means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, food service establishments, health care facilities, hotel and motel lobbies, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility required to be licensed by the state.

(h)   E-Cigarette shop means an enclosed area operated primarily for the retail sale of electronic cigarettes and/or nicotine or flavored vapor to be used with an electronic cigarette, and which derives not less than 75% of its gross receipts from the sale of such items.

(Ord. 2073)

(a)   It shall be unlawful for any person to use an E-cigarette in a public place or place of employment.

(b)   It shall be unlawful for any person who owns, manages, operates or otherwise controls a public place or place of employment to permit or allow the use of an E-cigarette to occur on such premises. There shall be a rebuttable presumption that any person using an E-cigarette where prohibited has been permitted and allowed to do so by the owner, manager, operator or person otherwise in control of the public place or place of employment.

(c)   It shall be unlawful for any person to use an E-cigarette within a twenty (20) foot radius of any access point to an enclosed area where the use of E-cigarettes is prohibited.

(d)   It shall be unlawful for any person to use an E-cigarette within the following areas of City-owned parks and recreation facilities, or within a twenty (20) foot radius of such areas: swimming pools; bleachers; grandstands; playgrounds; park shelters; sports fields; the City Lake; and seating areas used by spectators at sporting events held at City-owned parks and recreations.

(Ord. 2073)

This article shall not apply to the following:

(a)   Private residences, except those used as a State of Kansas-licensed childcare, adult day care or health care facility.

(b)   E-cigarette shops.

(Ord. 2073)

(a)   The owner, manager, operator, or employee of an establishment regulated by this article shall inform persons violating this article of the appropriate provisions thereof.

(b)   This prohibition on the use of electronic cigarettes shall be communicated to all existing employees by the effective date of this article and to all prospective employees upon their application for employment.

(Ord. 2073)

(a)   The Hiawatha Fire Department and Hiawatha Police Department shall enforce compliance with this article.

(b)   A person who uses an electronic cigarette in an area where it is prohibited by the provisions of this article shall be guilty of a misdemeanor, punishable by:

(1)   A fine of no less than fifty dollars ($50.00) for a first violation.

(2)   A fine of no less than one hundred dollars ($100) for a second violation within a one (1) year period of the first violation.

(3)   A fine of no less than two hundred dollars ($200) for a third or subsequent violation within a one (1) year period of the first violation.

(c)   A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of a misdemeanor, punishable by:

(1)   A fine of no less than one hundred dollars ($100) for a first violation.

(2)   A fine of no less than two hundred dollars ($200) for a second violation within a one (1) year period of the first violation.

(3)   A fine of no less than five hundred dollars ($500) for a third or subsequent violation within a one (1) year period of the first violation.

(Ord. 2073)