§ 37.03 SMOKING IN CITY VEHICLES PROHIBITED.
   (A)   Smoking is prohibited inside city vehicles. The individual or the individual’s designee in charge of assigning the vehicle shall place in conspicuous areas of the vehicle one or more signs stating that smoking is prohibited. Any such signage shall be deemed to be in compliance with this section if the sign displays the international “No Smoking” symbol, which consists of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. If a city vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle as otherwise mandated by this division.
   (B)   The following definitions apply in this section:
      (1)   CITY VEHICLE. A passenger-carrying vehicle owned, leased, or otherwise controlled by the city and assigned permanently or temporarily by the city to city employees, agencies, institutions, or facilities for official city business.
      (2)   SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
   (C)   Notwithstanding division (A) of this section, the prohibition of smoking in city vehicles is not applicable to either law enforcement officers functioning in an undercover capacity or any non-employee occupants of city vehicles utilized for law enforcement purposes.
(Ord. 05 ORD 2-09, passed 2-5-09)