§ 31.40  SMOKING POLICY.
   (A)   Purpose.  Smoking poses a significant risk to the health of smokers. Additionally, there is increasing recognition that smoking is annoying and even hazardous to non-smokers. In order to protect the public health, safety and welfare of city employees and persons conducting business with the city, this section is enacted to establish reasonable and uniform limitations and controls for smoking in public places.
   (B)   Designated non-smoking and smoking areas.  All public places, buildings and offices owned and operated by the city and city-owned vehicles shall be designated non-smoking areas, unless specifically designated as a smoking area.  Areas may be designated as smoking areas subject to the following limitations:
      (1)   No public and/or limited access area commonly used by city employees and the public may be designated a smoking area, including but not limited to Commission Chambers, conference rooms, auditoriums, rest rooms, hallways, entrance area, storage rooms, closets, lobbies, copier rooms and customer service areas without approval as noted in division (B)(2) below:
      (2)   City departments may request certain areas be designated as smoking areas. Such requests shall be made in writing and shall be investigated and recommended for approval or denial by the city in accordance with city policies. Designation of a smoking area shall be approved by the City Manager and conspicuously posted.
      (3)   Offices within city buildings shall not be designated as a smoking area.
      (4)   In addition to public places, a city-owned vehicle may be designated a smoking area if all employees in the vehicle agree to allow smoking subject to rules of the Department involved. This designation does not need approval of the City Manager.
   (C)   Smoke breaks. No employee will be provided additional break time as a result of this policy. It is anticipated that employees wishing to smoke shall do so during those breaks normally provided by departmental policy or procedure.
   (D)   Enforcement/penalty for violation. 
      (1)   All employees are charged with informing members of the public of the details of this policy. An employee who observes a member of the public smoking in an area designated non-smoking should politely inform the citizen that smoking is prohibited and to extinguish their tobacco product.
      (2)   All supervisors are charged with informing their employees of the details of this policy. A supervisor who observes an employee smoking in an area designated non-smoking should ask them to refrain from smoking. Discipline for willful violations of this policy should follow those steps described in the city's Personnel Rules and Regulations and shall be subject to any other penalty described herein.
(Ord. 45-2003, passed 4-3-03)
Cross-reference:
   Smoking in public places and places of employment, see Chapter 99