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9.A. - Page 11 of 31 <br />(b) Violations of this chapter may be criminally prosecuted as infraction(s) or <br />misdemeanor(s) at the discretion of the District Attorney as the interests of <br />justice require. <br />(c) This section shall not be interpreted to limit the applicable civil or administrative <br />remedies available under law. <br />(d) The Health System Chief may adopt administrative rules, regulations, or <br />guidelines for the implementation and enforcement of this chapter. <br />4.99.060 -Public Nuisance. <br />Any violation of this ordinance is hereby declared a public nuisance. <br />4.99.070 -No Conflict with Federal or State Law. <br />Nothing in this chapter shall be interpreted or applied so as to create any <br />requirement, power, or duty that is preempted by federal or state law. <br />4.99.080 -Severability. <br />If any provision, section, subsection, sentence, clause, phrase, or word of this <br />Chapter 4.99, or any application thereof to any person or circumstance, is held to be <br />invalid or unconstitutional by a court of competent jurisdiction, such decision shall not <br />affect the validity of the remaining portions or applications of the chapter. The Board of <br />Supervisors hereby declares that it would have passed this chapter, and each provision, <br />section, subsection, sentence, clause, phrase, and word not declared invalid or <br />unconstitutional without regard to whether any other portion of this chapter or <br />application thereof would be subsequently declared invalid or unconstitutional. <br />SECTION 3. Subsection (h) of Section 4.96.030 of Chapter 4.96 of this Ordinance <br />Code shall be amended to read as follows: <br />(h) "Tobacco," "tobacco or smoking product," or "tobacco or nicotine <br />product" means any substance containing tobacco leaf, including but not <br />limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing <br />tobacco, dipping tobacco, or any other preparation of tobacco which can <br />be used for smoking, chewing, inhalation or other means of ingestion; and <br />any electronic cigarette or other electronic device, and any accessory or <br />component used with such device to smoke or generate smoke; and any <br />product or formulation of matter containing biologically active amounts of <br />nicotine that is manufactured, sold, offered for sale, or otherwise <br />distributed with the expectation that the product or matter will be <br />introduced into the human body, but does not include any cessation <br />product specifically approved by the United States Food and Drug <br />5 <br />:: <br />