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For the purposes of this chapter, the following definitions shall apply:

“City park areas” has the meaning provided in Section 12.36.020.

“Downtown smoke free district” means the entire corridor of NE 3rd Street from NW Adams Street to NE Johnson Street, and extending 50 feet north and south along each intersecting street throughout the described 3rd Street corridor.

“Enclosed area” means all space between a floor and a ceiling that is enclosed on three or more sides by permanent or temporary walls or windows, exclusive of doors or passageways, which extend from the floor to the ceiling. If no ceiling is present, “enclosed area” means all space that is included by three or more sides by permanent or temporary wall or windows, exclusive of doors or passageways.

“Inhalant” means nicotine, a cannabinoid or any other substance that is in the form that allows the nicotine, cannabinoid or substance to be delivered into a person’s respiratory system by inhalation and is not approved by, or emitted by a device approved by, the United States Food and Drug administration for a therapeutic purpose.

“Inhalant delivery system” means a device that can be used to deliver nicotine or cannabinoids in the form of a vapor or aerosol to a person inhaling from the device.

“Place of employment” means every enclosed area under the control of a public or private employer that employees frequent during the course of employment, including but not limited to work areas, employee lounges, vehicles that are operated in the course of an employer’s business that are not operated exclusively by one employee, rest rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators and stairways. “Place of employment” includes privately owned enclosed areas where volunteers perform work typically done by employees. “Place of employment” does not include a private residence unless it is used as a child care facility as defined in ORS 329A.250 or a facility providing adult day care as defined in ORS 410.490.

“Public place” means an enclosed area that is open to the public.

“Smoking” means and includes (1) the inhaling, exhaling, burning, or carrying of any lighted cigarette, cigar or tobacco in any form and (2) the use of an inhalant delivery system to inhale or exhale vapor or aerosol or tobacco.

“Smoking instrument” means any cigar, cigarette, pipe or other instrument or inhalant delivery system used to smoke tobacco, marijuana or any other inhalant. (Ord. 5054 §1 (Exh. 1 §1), 2018).