(a) Smoking is prohibited in all enclosed public places within the city, except in designated smoking areas, and as otherwise allowed in this division.
(b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility may declare the entire establishment or facility a nonsmoking establishment.
(c) In the event a public place has common areas not the responsibility of individual tenants, the building owner or his representative shall be responsible for application of this division to such common areas.
(d) A smoking area may not be designated in:
(1) A facility of a public, primary or secondary school;
(2) An elevator;
(3) An enclosed theater or movie house, auditorium, music hall, lecture hall, or other performing arts venue;
(4) A library, museum, gallery, or aquarium;
(5) A hospital;
(6) A transit system bus or interstate bus, taxicabs, or any other public transport;
(7) A service line, cashier area, over-the-counter sales area, or other common traffic area;
(8) A restroom;
(9) A lobby, reception area, waiting room, hallway, or any other common-use area;
(10) The ticket, boarding, and waiting areas of public transit depots;
(11) Any room, chamber, place of meeting or public assembly under the control of any board, council, commission, committee, including joint committees or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;
(12) Health facilities, including, but not limited to, waiting rooms, hallways, wards, and semiprivate rooms, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
(13) The lobbies, hallways and other common areas, in apartment buildings, condominiums, trailer parks, retirement facilities, adult care facilities, nursing homes, and other multiple-unit residential facilities;
(14) A polling place;
(15) The public areas of a fast food restaurant;
(16) A place in which smoking is prohibited by the fire marshal or by any other law, ordinance or regulation.
(Prior Code, § 13-182; Ord. of 12-21-1992; Ord. of 9-12-2006)
State law reference(s)—Smoking in public, Texas Penal Code § 48.01.