(a) Definitions. As used in this section, certain terms are defined as follows:
(1) "Smoking materials" means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(2) "Sign" means legible, English lettering on a contrasting background to clearly indicate that smoking is not permitted and to provide related information. The international "NO SMOKING" symbol (consisting of a pictorial representation of a burning cigarette enclosed with a red circle with a red bar across it) may be used in, or substituted for, a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(b) Restrictions on Smoking in Public Places. The possession of lighted smoking material in any form is prohibited in any of the municipally owned or operated buildings in the City.
(c) Posting Signs.
(1) Signs indicating that smoking is not permitted shall be clearly, sufficiently and conspicuously posted in every establishment where smoking is regulated by this section in such manner as to give adequate notice to members of the general public.
(2) Signs indicating that smoking is prohibited in elevators and stairwells shall be posted in elevators and stairwell entrances on each floor.
(d) Enforcement. Enforcement shall be implemented by the Safety Director who shall:
(1) Establish a telephone number through which all complaints by citizens relating to violations of this section may be directed or referred;
(2) Require, while an establishment is undergoing otherwise mandated inspections, a "self-certification" from the manager or other person having control of such establishments that all requirements of this section have been complied with.
(e) Relation to Other Law. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by law, nor to relieve any proprietor, employer or other responsible party from any liability resulting from exposure to tobacco smoke.
(f) Violations and Penalties.
(1) No person who manages or otherwise controls the use of any establishment subject to the restrictions of this section shall fail to comply with its provisions.
(2) No person shall smoke in any area restricted by the provisions of this section.
(3) Any person who violates any provision of this section is guilty of a minor misdemeanor.
(4) Each day on which a violation of any provision occurs is a separate and distinct offense and shall be punishable as such.
(Ord. 1987-9. Passed 2-23-87.)