§ 132.050 SMOKING; PROHIBITIONS ON SMOKING; SMOKING IN CERTAIN PUBLIC PLACES.
   (A)   Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      INDOOR AREA. Any enclosed area used or visited by employees or the public, at all times, regardless of whether work is being performed. INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, as well as all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like.
      MUNICIPAL PROPERTY. All buildings, indoor areas, and outdoor areas, including but not limited to recreational areas, and other property, or portions thereof, owned or operated by the City of Bethany, including but not limited to vehicles and equipment owned by the municipality.
      OUTDOOR AREA. Any area that is not an indoor area, and includes outdoor recreational areas.
      SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe, or other lighted smoking device.
      TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption. TOBACCO PRODUCT does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product.
      VAPOR PRODUCT. Any noncombustible product, that may or may not contain nicotine, that employs a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. VAPOR PRODUCT shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, or electronic device.
   (B)   Prohibited conduct.
      (1)   Smoking tobacco products is prohibited in all places in which smoking tobacco products is prohibited by Oklahoma state law.
      (2)   Using tobacco products and vapor products is prohibited on all municipal property, indoor and outdoor, including parks and recreational areas.
      (3)   Nothing in this chapter prohibits any person or entity from prohibiting the use of tobacco products or vapor products on their property, even if the use of tobacco products or vapor products is not otherwise prohibited in that area.
      (4)   No person or entity shall knowingly permit the use of tobacco products or vapor products in an area that is under the control of that person or entity and in which the use of tobacco products or vapor products is prohibited by law.
      (5)   No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law. However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any provision of this chapter.
      (6)   No person shall dispose of tobacco product or vapor product waste within an area in which the use of tobacco products or vapor products is prohibited.
      (7)   No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this chapter.
   (C)   Required signs.
      (1)   The person or entity that has legal or de facto control of an area in which the use of tobacco products or vapor products is prohibited by this chapter shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one other conspicuous point within the area.
      (2)   For restrictions on the use of tobacco products or vapor products in indoor areas, the sign or decal shall be at least four inches by two inches in size and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided. For restrictions on the use of tobacco products or vapor products in outdoor areas, signs shall be weather-resistant, at least 15 inches by 15 inches in size, with lettering of at least one inch, and shall clearly state that smoking or tobacco use is prohibited or that a tobacco-free environment is provided.
      (3)   For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs on municipal property, both indoor and outdoor.
      (4)   Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any other provision of this chapter.
   (D)   Penalties and enforcement.
      (1)   Enforcement of this chapter shall be the responsibility of the City of Bethany. In addition, any peace officer or code enforcement official may enforce this chapter.
      (2)   Any person who knowingly violates this chapter shall be punished by a citation and fine of not less than $10 and not more than $100 in accordance with the Bethany Municipal Code.
      (3)   The possession of a lighted tobacco product in violation of this chapter is a nuisance.
      (4)   The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
      (5)   Each instance of tobacco product or vapor product use in violation of this chapter shall constitute a separate violation.
      (6)   The use of a vapor product in violation of this chapter is a nuisance.
      (7)   Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter regarding tobacco product or vapor product use shall also constitute a violation of this chapter.
      (8)   In addition to other remedies provided by this chapter or by other law, any violation of this chapter regarding tobacco product or vapor product use may be remedied by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, criminal code enforcement proceedings, and suits for injunctive relief.
   (E)   Statutory construction. It is the intent of the City Council of the City of Bethany to supplement applicable state and federal law and not to duplicate or contradict such law.
(Prior Code, § 11-407) (Am. Ord. 1789, passed 8-7-07; Am. Ord. 1956, passed 4-17-18)
Statutory reference:
   Smoking prohibited in public places; regulations, see 21 O.S. § 1247