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A. Smoking shall be prohibited in all enclosed areas within places of employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed areas.
B. This prohibition on smoking shall be communicated by employers to all existing employees by effective date of this chapter, and to all prospective employees upon their application for employment. (Ord. 15-07-17, 7-11-2017)
A. Tobacco Products: Distribution, display, and sale of smoking tobacco products or smoking paraphernalia on any public right-of-way, City park or any City-owned building or facility is hereby prohibited.
B. Cigarette Vending Machines:
1. Unlawful: Subject to the defenses provided in subsection B2 of this section, it shall be unlawful for any business owner, manager and employee in control of cigarette vending machines within the City to intentionally, knowingly, recklessly, or with criminal negligence allow the display or use of any cigarette vending machine upon any property within the City.
2. Defense: It is a defense to prosecution under the provisions of this subsection B that:
a. The cigarette vending machine is situated in a premises where entry by any person under eighteen (18) years of age is prohibited by law, or
b. The cigarette vending machine is located in a workplace with the permission of the employer, provided that the employer has no persons under the age of eighteen (18) years employed at the workplace, and further provided that the cigarette vending machine is situated at a location within the workplace to which persons other than those employed at the workplace are not permitted to have access.
3. Penalty: A violation of this subsection is hereby declared to be a misdemeanor crime, and upon conviction, shall be punishable by a fine of not more than two thousand dollars ($2,000.00). (Ord. 15-07-17, 7-11-2017)
A. Smoking shall be prohibited in the following outdoor places:
1. Within a reasonable distance of twenty five feet (25') outside entrances, operable windows and ventilation system of enclosed areas, where smoking is prohibited so as to ensure tobacco smoke does not enter those areas;
2. Zoo facilities and grounds;
3. In, and within twenty five feet (25') of, all outdoor sports arenas, stadiums, and amphitheaters;
4. In, and within twenty five feet (25') of, all outdoor public transportation stations, platforms, and shelters under the authority of the City;
5. In, and within twenty five feet (25') of, all pavilions and playgrounds located within City-owned parks;
6. In, and within twenty five feet (25') of the Library Courtyard. (Ord. 15-07-17, 7-11-2017)
1. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty five percent (25%) of rooms rented to guests in a hotel or motel may be so designated;
2. Outdoor areas except those listed specifically in the provisions in section 4-6-6 of this chapter;
3. Outdoor seating areas of restaurants and bars designated as smoking areas in accordance with subsection 4-6-10D of this chapter;
4. Private clubs in existence as of the effective date of this chapter, and as defined in section 4-6-1 of this chapter, including Veterans of Foreign War (VFW) posts;
5. Private residences, except if used as a child care, adult day care, or health care facility;
6. Retail tobacco stores; provided, however, that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this chapter; and
7. Tobacco product manufacturing facilities. (Ord. 15-07-17, 7-11-2017)
Notwithstanding any other provision of this chapter, persons under the age of eighteen (18) years may be admitted in establishments, facilities or other areas that allow smoking in accordance with the provisions of this chapter if such persons are accompanied by their parent or legal guardian. (Ord. 15-07-17, 7-11-2017)
Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsections 4-6-10A and B of this chapter is posted. (Ord. 15-07-17, 7-11-2017)
A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter, by the owner, operator, manager, or other person in control of that place.
B. Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
C. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person having control of the area.
D. Areas which are exempt from the provisions of sections 4-6-3 and 4-6-4 of this chapter shall post a standard sign at each entrance, to be designated by the City informing potential patrons that the area allows smoking, and warning patrons of the negative health effects associated with secondhand smoke. (Ord. 15-07-17, 7-11-2017)
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter. (Ord. 15-07-17, 7-11-2017)
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