§ 83.04  SMOKING AND VAPING PROHIBITED IN PUBLIC PLACES, IN TOWN BUILDINGS, IN TOWN VEHICLES AND ON CERTAIN TOWN GROUNDS.
   (A)   In addition to those places where smoking is prohibited under state law and except for those places exempted under division (B) below, smoking and vaping are prohibited in each of the following locations:
      (1)   Inside every public place, including buildings, bus shelters, and other structures that are defined as public places herein;
      (2)   Inside all town buildings;
      (3)   On the following grounds and other un-enclosed locations:
         (a)   On every town sidewalk within 15 feet of any public entrance to a public place during all times when the public place is open to the public;
         (b)   Within 15 feet of any public entrance to any town or local government building during all times when that building is open to the public;
         (c)   At any location on town grounds that is within 15 feet of a bus stop, including on a town sidewalk or in a town street right-of-way;
         (d)   From 10:00 a.m. to 8:00 p.m. each day of the week, on any town sidewalk adjacent to West King Street between Burrell/North Water Street to the west and Appalachian Street to the east;
         (e)   Within 15 feet of any child who is on town grounds;
         (f)   Except where expressly allowed and posted as designated smoking areas, within or on the grounds of any town property, including but not limited to: any town playground; any town park or garden, including but not limited to, the Greenway trail system, Daniel Boone Native Gardens, Strawberry Hill Arboretum, Horn in the West property and Jimmy Smith Park; the grounds of the Jones House and the downtown post office; and
         (g)   Within any area designated and posted by the owner or tenant of private property as a no-smoking area.
      (4)   In any town vehicle.
   (B)   Exemptions. The foregoing provisions of division (A) shall not be read or interpreted to restrict or prohibit smoking or vaping in the following places:
      (1)   A private residence as defined above;
      (2)   A private vehicle;
      (3)   A tobacco shop if smoke from the business does not migrate into an enclosed area where smoking is prohibited under state law, except for a tobacco shop that began operation after 7-1-2009, which is exempt only if it is located in a freestanding structure occupied solely by the tobacco shop and smoke from the shop does not migrate into an enclosed area where smoking is prohibited pursuant to state law and it otherwise complies with the reporting requirements under state law;
      (4)   All of the premises, facilities and vehicles owned, operated or leased by any tobacco products processor or manufacturer or any tobacco leaf grower, processor or dealer;
      (5)   A designated smoking guest room in a lodging establishment, so long as no greater than 20% of the lodging establishment’s guest rooms are designated smoking guest rooms;
      (6)   A cigar bar, if smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to state law, except for a cigar bar that began operation after 7-1-2009, which is exempt only if it is located in a freestanding structure occupied solely by the cigar bar and smoke from the cigar bar does not migrate into an enclosed area where smoking is prohibited pursuant to state law and it otherwise complies with the reporting requirements under state law;
      (7)   A private club; and
      (8)   A motion picture, television, theater or other live production set, but this exemption applies only to an actor or performer portraying the use of tobacco products during the production.
(Prior Code, § 97.04)  (Ord. passed 12-17-2009; Ord. passed 2-16-2010; Ord. passed 12-16-2019; Ord. passed - -)  Penalty, see § 83.99