[Adopted 11-23-2009 by Ord. No. 118]
As used in this article, the following terms shall have the meanings indicated:
ELECTRONIC CIGARETTE
A battery-operated device that contains a cartridge filled with nicotine, flavor and other chemicals, which may be inhaled by the user, and other similar products, including, but not limited to, products marketed as smokeless cigarettes and electronic nicotine inhalers.
INDOOR PUBLIC PLACE
A structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public.
PERSON OR ENTITY HAVING CONTROL OF AN INDOOR PUBLIC PLACE
The owner or operator of a commercial or other office building or other indoor public place from whom a workplace or space within the building or indoor public place is leased.
SMOKING
The burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, including electronic cigarettes.
WORKPLACE
A structurally enclosed location or portion thereof at which a person performs any type of service or labor.
The smoking of electronic cigarettes is prohibited in an indoor public place or workplace.
A. 
The person or entity having control of an indoor public place or workplace shall order any person smoking an electronic cigarette in violation of this article to comply with the provisions of this article.
B. 
A person, after being so ordered, who smokes an electronic cigarette in violation of this article is subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.
C. 
The Health Officer, upon written complaint or having reason to suspect that an indoor public place or workplace covered by the provisions of this article is or may be in violation of the provisions of this article, shall, by written notification, advise the person or entity having control of the place accordingly, and order the person or entity to comply with the provisions of this article. A person or entity receiving that notice who fails or refuses to order a person or persons smoking an electronic cigarette in violation of this article is subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense.