(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this division to fail to comply with any of its provisions.
(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this division.
(c) It shall be unlawful for any person to smoke in any area within 20 feet of any public entrance to any enclosed area where smoking is prohibited. In addition, it shall be unlawful for any person to smoke in any area within 50 feet of any public entrance to a hospital, medical clinic, medical doctor's office, chiropractor's office or day care.
(d) A person commits an offense if, at a public meeting or in a public place at an area not designated as a smoking area, the person smokes and fails or refuses to extinguish tobacco products or move to a designated smoking area upon a request by any person to do so.
(e) The proprietor or person in charge of a business or other public place commits an offense if:
(1) The proprietor or person in charge allows smoking, but fails to comply with the requirements of this division as to designation of a smoking area, including the posting of signs; or
(2) The proprietor or person in charge fails or refuses upon the request of any person to ask a person smoking while not in a designated smoking area to extinguish smoking material or move to a designated smoking area.
(f) This division does not require the owner, operator, manager, or any employee of an establishment to report a violation of this division or to take legal action against any individual violating this division.
(g) The police department shall inspect for compliance with this division.
(h) Any owner, manager, operator or employee of any establishment regulated by this division shall inform personnel violating this division of the appropriate provisions thereof.
(i) Nothing in this section prohibits that which is prohibited by Texas Penal Code § 48.01.
(Prior Code, § 13-181; Ord. of 12-21-1992; Ord. of 9-12-2006)