Part Definitions

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As used in this part, unless the context otherwise requires:

  1. “Children” means individuals who have not attained eighteen (18) years of age;
  2. “Community center” means any center operated by any city or county government that is used for children's activities;
  3. “Day care center” means any place, operated by a person, society, agency, corporation, institution or religious organization, or any other group wherein are received thirteen (13) or more children for group care for less than twenty-four (24) hours per day without transfer of custody;
  4. “Designated smoking area” means an enclosed indoor area or an outdoor area in which smoking is permitted pursuant to this part. If indoors, the smoking area shall be clearly demarcated and separate from any area in which smoking is not permitted, and shall not include more than twenty-five percent (25%) of the area of the building. The indoor smoking area shall be a fully enclosed area;
  5. “Group care home” means a home operated by any person, society, agency, corporation, or institution or any group which receives seven (7) or more children for full-time care outside their own homes in facilities owned or rented and operated by the organization;
  6. “Museum” means those indoor museums and art galleries owned or operated by the state or any political subdivision of the state, and those museums, historical societies, and art galleries owned and operated by not-for-profit corporations;
  7. “Residential treatment facility” means a residential treatment facility licensed under title 33, chapter 2, part 4;
  8. “School grounds” means any building, structure, and surrounding outdoor grounds contained within a public or private preschool, nursery school, kindergarten, elementary or secondary school's legally defined property boundaries as registered in a county register's office, and any publicly owned or leased vehicle used to transport children to or from school or any officially sanctioned or organized school event;
  9. “Smoking” means the burning of a lighted cigarette, cigar, pipe or any other substance containing tobacco;
  10. “Vapor product” has the same meaning as defined in § 39-17-1503;
  11. “Youth development center” means a center established under title 37, chapter 5, part 2, for the detention, treatment, rehabilitation and education of children found to be delinquent; and
  12. “Zoo” means any indoor area open to the public for the purpose of viewing animals.


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