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A. Smoking is prohibited in any Fairbanks North Star Borough park or area of a park posted “smoking prohibited by law – fine $50.”

B. For the purposes of this section, the following definitions apply:

Electronic smoking device” means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person through inhalation of vapor or aerosol from the product, of any size or shape, whether the product is manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen, or any other product name or descriptor; “electronic smoking device” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration as those terms are defined in 21 U.S.C. 301 through 392 (Food, Drug, and Cosmetic Act), unless the use of those products simulate smoking or expose others to vapor or aerosol.

Smoking” means using an electronic smoking device or other oral smoking device or inhaling, exhaling, burning, or carrying a lighted or heated cigar, cigarette, pipe, or tobacco or plant product intended for inhalation.

C. Borough parks posted as in subsection (A) of this section shall be determined by the borough parks and recreation commission in consultation with the parks and recreation department.

D. A person who willfully violates the provisions of this section is guilty of a violation, and upon conviction is punishable by a fine as set forth at Chapter 1.20 FNSBC. (Ord. 2019-31 § 2, 2019.)