§ 38-9. Smoking on the 16th Street Pedestrian and Transit Mall prohibited.

(a)

Definitions. For the purposes of this section, the following words and phrases have the meanings set forth below:

(1)

Electronic smoking device means any electronic oral device such as one composed of a heating element, battery, or electronic circuit which provides a vapor of nicotine or marijuana, vapor of a solution including nicotine or marijuana, or aerosol of solution including nicotine or marijuana, or any other substance for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, and electronic or vape pen, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term "electronic smoking device" does not include any device specifically approved by the United State Food and Drug Administration for use in reducing, treating or eliminating nicotine or tobacco dependence, or for any other medical purpose, when such device is being used for such purpose.

(2)

Marijuana means all parts of the plant of the genus cannabis, the seeds thereof, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate.

(3)

16th Street Pedestrian and Transit Mall shall mean the portion of 16th Street and an area north or south of 16th Street within fifty (50) feet of 16th Street between the west curb line of Broadway and the southeasterly curb line of Chestnut Street, and shall include any area on the mall that has been permitted for vending, outdoor dining areas, and special events.

(4)

Smoke or smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco or marijuana, or the use of an electronic smoking device.

(5)

Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. "Tobacco" also includes cloves and any other plant matter or product that is packaged for smoking.

(b)

Prohibition. It shall be unlawful for any person to smoke on the 16th Street Pedestrian and Transit Mall.

(c)

Penalty. Any violation of subsection (b) of this section is hereby declared to be a non-criminal offense and, upon an admission or finding or judgment of guilt or liability by default or otherwise, the violator shall be subject to a fine not to exceed one hundred dollars ($100.00).

(d)

Reporting requirement. The Denver Police Department shall prepare a report concerning tickets issued pursuant to this section and distribute it to the city council quarterly.

(Ord. No. 1125-17, § 2, 10-30-17)

Editor's Note

Ordinance No. 1125-17, § 2, adopted October 30, 2017, is effective as of December 1, 2017.