(A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      BAR. Any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages.
      EATING ESTABLISHMENT. Any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
      EDUCATIONAL FACILITIES. Any public or private institution providing formal education, including day care centers.
      EMPLOYEE. Any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
      EMPLOYER. Any person who employs the services of an individual person or any person in charge of a place of employment.
      ESTABLISHMENT. Any physical facility operated by a commercial enterprise, non-profit entity, government agency or any other person.
      HEALTH-CARE FACILITY. Any hospital, rest home, nursing home, doctors’ or dentists’ office, lab or other establishments involved in the provision of health care.
      LOBBIES and WAITING AREAS. A hall, or waiting room at or near, but not limited to, the entrance to a building, such as hotels, apartment houses or theaters.
      NO SMOKING SIGN. 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) which shall be used for signs indicating that smoking is prohibited. The NO SMOKING SIGN shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
      PERSON. Any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
      PLACE OF EMPLOYMENT. That portion of any enclosed, indoor area under the control of a public or private employer which employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office workplaces, factories, warehouses and laboratories.
      PROPRIETOR. The owner, manager, operator or other person in charge of a public place.
      PUBLIC. The general public is invited, permitted or has access to the site or event without regard to membership or association with a particular organization or group.
      PUBLIC PLACE. That portion of any enclosed indoor area to which members of the general public are invited or in which members of the general public are permitted.
      RETAIL TOBACCO STORE. A retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. RETAIL TOBACCO STORE does not include a tobacco department of a retail store such as a department store, discount store or supermarket.
      SMOKING MATERIAL. Any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
      TOBACCO VENDING MACHINES. Electro/mechanical devices dispensing tobacco products to the general public.
   (B)   Restrictions on smoking in city buildings. Smoking or the possession of lighted smoking material in any building, or portion thereof owned, leased or controlled by the city or in any vehicle owned, leased or controlled by the city is hereby prohibited. This prohibition is applicable to the public at large and employees of the city.
   (C)   Restrictions on smoking in eating establishments.
      (1)   Within 90 days of the effective date of this section, each eating establishment with a total of more than 30 seats shall designate an appropriate area of the total seats, or portion thereof, as a no-smoking area. Signage that designates smoking or non-smoking areas is required.
      (2)   When a table in a smoking section is within five feet of a non-smoking table, or a non-smoking table actually abuts a smoking table, common courtesy will apply, and anyone asked to extinguish smoking material will politely do so upon request by a restaurant employee. The proprietor will exercise his/her own discretion in resolving and dispute while considering the health and comfort of any involved party.
      (3)   Nothing in this section or any other section of the law shall prohibit a proprietor from voluntarily prohibiting smoking in all areas of an establishment. Proprietors are encouraged to establish completely smoke free establishments in an effort to provide more smoke free areas to citizens of the city.
   (D)   Restrictions on smoking in public places.
      (1)   Except as otherwise provided elsewhere in this legislation, the possession and use of lighted smoking materials in any form is prohibited in any public place in the city including, but not limited to, the following:
         (a)   Vehicles of public transportation such as trains, buses, limousines for hire, taxicabs and courtesy vehicles. Limousines for hire or taxicabs where the driver and all passengers affirmatively consent to smoking in such vehicles are exempt from this prohibition;
         (b)   Enclosed theaters, auditoriums, concert halls, arenas and meeting rooms;
         (c)   Healthcare facilities’ patients’ wards and rooms. Any private room in a healthcare facility, or any semi-private room in a healthcare facility, if both occupants have requested in writing to be placed in a room where smoking is permitted, are exempt from this prohibition;
         (d)   Elevators, stairwells, escalators and hallways;
         (e)   Public restrooms;
         (f)   Gymnasiums, exercise rooms and health spas;
         (g)   Libraries and education facilities;
         (h)   Places of exhibition including, but not limited to, museums, aquariums and galleries;
         (i)   Those portions of a private residence used as a child care or health care facility or serving as a place of employment and, for purposes of the within subsection, a private residence may qualify as a public place and/or an establishment open to the public;
         (j)   Smoking shall be prohibited within 15 feet of the entrance and/or exit of any public building; and
         (k)   Smoking shall be prohibited outside the main entrance to City Hall on Park Avenue between the sidewalk and the door and all areas between the sidewalk and each side of the Building.
      (2)   Places of employment. Within 90 days of the effective date of this section, each employer of 25 or more employees shall adopt, implement and maintain a written smoking policy pertaining to his or her place of employment which addresses the needs of the smoker and non-smoker alike. The policy shall designate both smoking and non-smoking areas which shall be communicated to all present as well as new incoming employees. Private employers with fewer than 25 employees are strongly encouraged to adopt, implement and maintain a written smoking and non-smoking policy addressing the needs of both smoking and non-smoking employees.
      (3)   Exemptions. The following public places are exempt from the restrictions set forth in division (D)(1) above:
         (a)   An entire room or hall which is being used for a private social function; provided that, the seating arrangements are under the control of the sponsor of the function and not of the proprietor;
         (b)   Retail tobacco stores;
         (c)   Bars;
         (d)   Bowling alleys and bingo halls;
         (e)   Hotel and motel sleeping rooms; and
         (f)   An eating establishment that seats fewer than 30 people. (Provided that, a sign is posted at the entrance clearly stating that a “No Smoking” section is not available.)
   (E)   Responsibility of proprietors. Proprietors of any eating establishments or public places governed by divisions (C) or (D) above shall take the following actions to ensure that the provisions of this section are met with regard to such places:
      (1)   Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted where smoking is regulated by this section in such a manner as to give adequate notice to employees and members of the public. Each section where smoking is prohibited as well as permitted shall be clearly designated; and
      (2)   Smokers shall be affirmatively directed to designated smoking areas and persons smoking in violation of this section shall be requested to stop.
   (F)   Relation to other laws. This section is intended to be the exclusive set of public regulations governing smoking in public places and places of employment in the city. However, this section shall not be interpreted or construed to encourage or permit smoking, except as otherwise provided herein, in any public place or place of employment. Nor shall this section be interpreted to relieve any proprietor, employer or other responsible party from any liability resulting from exposure to tobacco smoke.
   (G)   Severability. If any provision, clause, sentence or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are hereby declared to be severable.
   (H)   Violations and penalties.
      (1)   (a)   It shall be unlawful for any person to smoke or possess lighted smoking material in any area restricted by the provisions of this section.
         (b)   Any person who violates any provision of this section is guilty of a minor misdemeanor.
         (c)   Each day on which a violation of any provision of this section occurs is a separate and distinct offense and shall be punishable as such.
      (2)   Whoever violates division (B) above shall be fined as follows:
         (a)   Twenty-five dollars for the first offense;
         (b)   Fifty dollars for the second offense; and
         (c)   One hundred dollars for each offense thereafter.
(Ord. 25-2006, passed 2-27-2006)