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AN ORDINANCE OF THE CITY COUNCIL OF , RELATING TO THE USE OF TOBACCO ON CITY PROPERTY; CREATING AN OFFENSE AND PROVIDING A PENALTY FOR VIOLATION OF ORDINANCE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF : Section one, Definitions 1.1 -- Tobacco Product means: (A). a cigar; (B). smoking tobacco, including granulated, plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for smoking in a pipe or as a cigarette; (C). chewing tobacco, including Cavendish, Twist, plug, scrap, and any kind of tobacco suitable for chewing; (D). snuff or other preparations of pulverized tobacco; or (E). an article or product that is made of tobacco or a tobacco substitute and that is not a cigarette. 1.2 -- City Property means any property which is owned by the City of and includes, but is not limited to, parks, city office and administration buildings, and utility buildings. Section Two. Violation. 2.1 -- A person commits an offense if the person uses a tobacco product on city property. Section Three. Penalties 3.1 -- An offense under this Ordinance is a Class C misdemeanor punishable by a fine not to exceed $500. Section Four. Severability. 4.1 -- If any provision, or part thereof, in this Ordinance shall be held invalid or unconstitutional by a court of competent jurisdiction, then that adjudication shall not affect the validity of the Ordinance as a whole or of any section, provision or part thereof not adjudged invalid or unconstitutional. Section Five. Repeal. 5.1 -- Any ordinance inconsistent with any of the terms and provisions of this Ordinance is hereby repealed, provided however, that such repeal shall be only to the extent of the inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. Section Six. Emergency. 6.1 -- The fact that the City of does not have adequate regulations governing the use of tobacco products on City property as described in this Ordinance creates an urgency and emergency in the immediate preservation of the public health, peace and safety that requires this Ordinance shall become effective immediately upon its passage and publication, and it is so ordained. APPROVED THIS ______ DAY OF __________________, ______BY THE CITY COUNCIL OF THE CITY OF . ____________________________ MAYOR, CITY OF ____________________________ SECRETARY, CITY OF

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