(A) Smoking is prohibited in the following places within the city:
(1) In all enclosed areas available to and customarily used by the general public and all businesses patronized by the public, including, but not limited to, retail stores, the common areas of hotels and motels, pharmacies, banks, shopping malls, and other offices;
(2) All restaurants. The owner or operator of the restaurant shall post signs as prescribed by § 6-8.07(A) and remove all ashtrays from tables and counter(s);
(3) Waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors’ offices, except that health facilities shall also be subject to the provisions of § 6-8.05 regulating smoking in places of employment;
(4) Elevators, public restrooms, indoor service lines, buses, taxicabs and other means of public transit under the authority of public entities, and in ticket, boarding, and waiting areas of public transit facilities; provided, however, this prohibition does not prevent the establishment of separate waiting areas of smokers of non-smokers, provided at least 60% of a given waiting area shall be designated as a non-smoking area;
(5) In the public area(s) of museums and galleries;
(6) Theaters, auditoriums, concert facilities and halls which are used for motion pictures, stage dramas and musical performances, ballets or other exhibitions, both indoor and outdoor, except when smoking is part of any such production; provided, however, in outdoor facilities, designated smoking areas may be provided which shall be segregated from non-smoking areas;
(7) Retail food marketing establishments, including grocery stores, and supermarkets;
(8) Public schools and other public facilities under the control of another public agency, which are available to and customarily used by the general public, to the extent that the same are subject to the jurisdiction of the city;
(9) Sports arenas, both indoor and outdoor, and convention halls, except in outdoor sports arenas, designated smoking areas may be provided which shall be segregated from non-smoking areas;
(10) Bowling centers, including, but not limited to, bowling lanes, bowlers’ settees, visitors’ settees, and game rooms; provided, however, that a designated smoking area may be provided on the bowling center concourse. The owner, manager or operator of the bowling center shall post signs as required by § 6-8.07 and removal all ashtrays from non-smoking areas;
(11) Private residences when used as child care or health care facilities. Board and care facilities shall provide smoke-free living quarters for non- smoking boarders;
(12) All city-owned facilities and any area, public or private, open to the general public for recreational purposes, regardless of any fee or age requirement, including, but not limited to parklands, including portions of parks, such as picnic areas, playgrounds, or sports fields, walking paths, hiking trails, bike paths, athletic fields, skateboard parks, amusement parks, and beaches.
(B) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a non-smoking establishment.
(‘66 Code, § 6-8.04) (Ord. 869-C-S, passed 9-23-93; Am. Ord. 873-C-S, passed 10-12-93; Am. Ord. 2196-C-S, passed 6-8-21) Penalty, see § 6-8.10