§ 20-121. Smoking prohibited in the General Government Complex (General Government Building, District Attorney Building and the Thomas Donelon 24th Judicial Court Building), Juvenile Justice Center, First Parish Court and Second Parish Court buildings.

(1)

As used in this section, the following terms shall have the following meanings unless the context clearly indicates a different meaning is intended:

(a)

Smoking or to smoke means:

i.

Engaging in an act that generates smoke, such as, for example:

(1)

Possessing a lighted pipe or lighted hookah pipe; operating an electronic cigarette, vaping, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, an electronic cigarette device of any form, name or derivative including, but not limited to, advanced personal vapors, vape pens and vape mods, a hookah pipe, a cigar or a cigarette of any kind.

(2)

The act of lighting, burning or triggering a cigarette, cigar, pipe or electronic cigarette device of any form, name or derivative including, but not limited to, advanced personal vapors, vape pens and vape mods.

(3)

The act of carrying a lighted or smoldering cigarette, cigar, pipe, electronic cigarette devices of any form, name or derivative including, but not limited to, advanced personal vapors, vape pens and vape mods; or other object or device containing tobacco herbs, or non-tobacco products; or

(4)

The act of inhaling through a lighted or smoldering cigarette, cigar, pipe, electronic cigarette device of any form, name or derivative including, but not limited to, advanced personal vapors, vape pens and vape mods; or other object or device containing tobacco, and exhaling the smoke or vapor produced thereby.

(b)

Smoke, shall constitute the following for purposes of this section of the Code:

i.

The gases, particles, or vapors released into the air as a byproduct result of combustion, electrical ignition or vaporization, when the apparent or customary purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproduct.

ii.

The term smoke includes, but is not limited to tobacco smoke, electronic cigarette vapor generated by same or similar implements and apparatuses.

(c)

Tobacco means and includes tobacco, tobacco related products, tobacco substitutes, fillers and other plants or smoke or vapor-producing substances and/or liquids placed into an electronic cigarette, to the exclusion of nicotine cessation therapy products.

(d)

Nicotine cessation therapy shall not include any vapor substances, devices or implements, or electronic cigarette device of any form, name or derivative.

(e)

Electronic cigarette shall mean an electronic or battery-operated device, the use of which may resemble smoking and which can be used to deliver an inhaled dose of nicotine or other substances. This includes any such device that is manufactured, distributed, marketed or sold as an electronic, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or any other product by that name, derivative, or descriptor including, but not limited to, advanced personal vapors, vape pens, vape mods and a vapor product as defined herein. This definition does not include any inhaler prescribed by a licensed physician.

i.

"Vapor product" means any non-combustible product containing nicotine or other substances that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. "Vapor product" includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor product" does not include any of the following:

(a)

Product that is a drug pursuant to 21 U.S.C. § 321(g)(1).

(b)

Device pursuant to 21 U.S.C. § 321(h).

(c)

Combination product described in 21 U.S.C. § 353(g).

(2)

It shall be unlawful for any person to smoke, use electronic cigarette devices or apparatuses and/or-possess lighters or any other form of incendiary devices in the, General Government Complex which includes the General Government Building, the District Attorney Building, and the Thomas F. Donelon 24 ^th Judicial Court Building; the Jefferson Parish Juvenile Justice Center, the First Parish Court and Second Parish Court buildings; and any other parish building, or portion thereof, now or hereafter, occupied by the 24th Judicial District Court, First Parish Court, Second Parish Court, or Juvenile Court, including but not limited to hallways, corridors, restrooms, offices, and any other area open to the public having business before such courts or parish departments; the parish council by resolution or the parish president, by administrative policies, may, from time to time hereafter, designate one (1) or more smoking areas in said buildings provided such action is concurred;

(a)

By the respective courts through court rule adopted from time to time hereafter; or

(b)

By district attorney administrative policy, adopted from time to time hereafter.

(3)

Signs prohibiting smoking shall be conspicuously posted in buildings with letters of such size and color as to be clearly legible.

(4)

The violation of this section is declared to be a nuisance and in addition to the penalties provided in section 1-10, any person who violates this section shall be liable for a civil penalty of not more than one hundred dollars ($100.00) for the first offense, and two hundred dollars ($200.00) for a second offense.

(5)

The violation of this section is hereby declared to be a nuisance. In addition to the other remedies provided herein, the judges of the 24th Judicial District Court may adopt court rules consistent with this section and may enforce said rules through appropriate judicial contempt proceedings and/or by removal of the offending party from the courthouse.

(Ord. No. 17203, § I, 3-11-87; Ord. No. 17474, § I, 3-23-88; Ord. No. 18836, § 2, 8-25-93; Ord. No. 25175 , § 1, 6-22-16; Ord. No. 25602 , § 4, 6-27-18)

Editor's note

Ord. No. 25175 , § 1, adopted June 22, 2016, amended § 20-121 and in so doing changed the title of said section from "Smoking prohibited in court-house annex and First Parish Court Building" to "Smoking prohibited in the General Government Complex (General Government Building, District Attorney Building and the Thomas Donelon 24th Judicial Court Building), Juvenile Justice Center, First Parish Court and Second Parish Court buildings," as set out herein.