4-6-7: AREAS WHERE SMOKING NOT REGULATED:

   A.   Notwithstanding any other provision of this chapter to the contrary, the following areas shall be exempt from the provisions of sections 4-6-2, 4-6-3 and 4-6-4 of this chapter:

      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)

4-6-8: PERSONS UNDER AGE OF EIGHTEEN YEARS IN SMOKING AREA:

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)

4-6-9: DECLARATION OF ESTABLISHMENT AS NONSMOKING:

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)

4-6-10: POSTING OF SIGNS:

   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)

4-6-11: RETALIATION PROHIBITED:

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)

4-6-12: ENFORCEMENT:

   A.   The Police Department, Fire Department and Code Compliance Division, in addition to any authority having jurisdiction to enforce City ordinances, shall have authority to enforce the provisions of this chapter.

   B.   Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Police Department.

   C.   The Police Department, Fire Department and Code Compliance Division, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this chapter.

   D.   An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof.

   E.   Notwithstanding any other provision of this chapter, an employee or private citizen may bring legal action to enforce this chapter.

   F.   In addition to the remedies provided by the provisions of this section, the Police Department, Fire Department, Code Compliance Division, or their designees, or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this chapter may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. (Ord. 15-07-17, 7-11-2017)

4-6-13: VIOLATIONS AND PENALTIES:

Any person, firm, corporation, agent, employer or employee who intentionally, knowingly, recklessly or with criminal negligence violates any provision of this chapter shall, upon conviction, be fined an amount not more than two hundred dollars ($200.00); provided, however, that in the event a defendant has previously been convicted under this chapter, such defendant shall be fined an amount not more than five hundred dollars ($500.00) for a second conviction hereunder, and shall be fined an amount not more than two thousand dollars ($2,000.00) for a third conviction hereunder and for each conviction thereafter. Each day that a violation is committed or permitted to exist shall constitute a separate offense. (Ord. 15-07-17, 7-11-2017)