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W) <br />IV <br />N <br />§ 5.16.010 ORONO CODE <br />ing the risk of a heart attack. Even in (11) Smoking is a potential cause of fires. In <br />healthy persons, brief exposure can lead parks and outdoor spaces, fire can spread <br />to changes in the upper airway. to nearby homes and businesses. <br />(5) Eliminating smoking indoors and in <br />enclosed spaces fully protects nonsmok- <br />ers from exposure to secondhand smoke. <br />Simply separating smokers from nonsmok- <br />ers, cleaning the air, and ventilating <br />buildings cannot eliminate exposures of <br />nonsmokers to secondhand smoke. <br />Although air cleaners can remove large <br />particles from smoke, smaller particles <br />and gases found in secondhand smoke <br />cannot be removed from the air. <br />(6) Scientific studies conducted by Stanford <br />University and others found that outdoor <br />smoke can reach the same level as indoor <br />smoke. Persons near an outdoor smoker <br />can breathe in wisps of smoke that can <br />be tens or hundreds times more <br />concentrated that normal background air <br />pollution levels. <br />(7) The Americans with Disabilities Act <br />(ADA) includes respiratory function as a <br />disability. The ADA requires disabled <br />persons have access to public places and <br />workplaces. <br />(8) The National Institute for Occupational <br />Safety and Health has concluded that <br />smoke is an occupational carcinogen. <br />(9) Nonsmokers who are exposed to <br />secondhand smoke at work have a 25 <br />percent to 30 percent higher risk of heart <br />attack and higher rates of death from <br />cardiovascular disease and cancer, acute <br />respiratory disease, and measurable <br />decrease in lung function than persons <br />not exposed to secondhand smoke at <br />work. <br />(10) Secondhand smoke exposure leads to <br />higher worker absenteeism from respira- <br />tory disease, lower productivity, higher <br />cleaning and maintenance costs, increased <br />health insurance rates, and increased <br />liability claims for diseases related to <br />secondhand smoke exposure. <br />(12) Use of tobacco products also produces <br />litter that detracts from the beauty of <br />city parks and increases maintenance <br />costs of city facilities. <br />(Code 2003, § 51-1; Ord. No. 78(3rd series), § 1, <br />8-23-2010) <br />Sec. 5.16.020. Definitions. <br />The following words, terms and phrases, when <br />used in this chapter, shall have the meanings <br />ascribed to them in this section, except where <br />the context clearly indicates a different meaning: <br />City facilities means any building owned or <br />operated by the city, including owned or operated <br />outdoor areas of the lot or parcel on which the <br />building is situated. <br />Parks means any open or enclosed land and <br />improvements or facility wherever located which <br />is owned, leased or operated by the city and <br />which is reserved, designated or used for a <br />playground, picnic area, garden area, beach, <br />bike or walking path, trail, nature preserve, <br />green space, sports fields, or other recreational <br />open space area. <br />Tobacco means any substance or item contain- <br />ing tobacco leaf, including, but not limited to, <br />cigarettes; cigars; pipe tobacco; snuff; fine cut or <br />other chewing tobacco; cheroots; stogies; perique; <br />granulated, plug cut, crimp cut, ready -rubbed, <br />and other smoking tobacco; snuff flowers; caven- <br />dish; shorts; plug and twist tobaccos; dipping <br />tobaccos; refuse scraps, clippings, cuttings and <br />sweepings of tobacco; and other kinds and forms <br />of tobacco leaf prepared in such manner as to be <br />suitable for chewing, sniffing or smoking. <br />Use means smoking, inhaling, exhaling, burn- <br />ing, or carrying any lighted cigar, cigarette, pipe, <br />weed, or plant in any manner or in any form; <br />chewing; sniffing; and spitting. <br />(Code 2003, § 51-2; Ord. No. 78(3rd series), § 1, <br />8-23-2010) <br />CD5:26 <br />