§ 8-163. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Applicant refers to any person(s) applying for, or requesting use of, any outdoor public place.

Cigar means any roll of tobacco that is wrapped in leaf tobacco or any substance containing tobacco with our without a tip or mouthpiece not otherwise defined as a cigarette under M.G.L.A. c. 64C, § 1.

E-cigarette means any electronic nicotine delivery product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine. This term includes such devices whether or not they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.

Nicotine delivery product means any article or product made wholly or in part of a tobacco substitute or otherwise containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine delivery product includes, but is not limited to, e-cigarettes.

Outdoor public place means many city-owned, operated, or leased area which is or may be open to and used by the general public, including but not limited to: outdoor areas surrounding any city-owned, operated or leased building which is or may be open to and used by the general public, gardens, bike trails, fields, parks, beaches, swimming pools, outdoor sports arenas and athletic fields. Sidewalks and streets are not applicable under this ordinance unless they are designated for any special event such as, but not limited to a parade route or holiday festivity.

Smoking means the lighting of a cigar, cigarette, pipe or other tobacco or non-tobacco product or possessing a lighted cigar, cigarette, pipe or non-tobacco product designed to be combusted or inhaled.

(Ord. No. 1560, 12-1-11; Ord. No. 1659 , 12-15-16)