§ 102.02 SMOKING PROHIBITED IN PUBLIC PLACES.
   (A)   A person commits an offense if the person smokes in a public place.
   (B)   A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the city.
   (C)   A person commits an offense if the person smokes in an enclosed area of a workplace.
   (D)   A person commits an offense if the person smokes within:
      (1)   Twenty feet of an entrance or open window of a public place, if the operator of the public place allows entry to children under the age of 18 years; or
      (2)   Five feet of an entrance or open window of a public place, if the operator of the public place does not allow entry to children under the age of 18 years.
   (E)   The owner or operator of a public place commits an offense if said owner or operator witnesses a person smoking in the public place and:
      (1)   Within five minutes of witnessing the smoker, fails to request the smoker to cease smoking;
      (2)   Provides further service to the smoker; or
      (3)   Within five minutes of witnessing the smoker, fails to request the smoker to leave the premises if the smoker has been requested to cease smoking and the smoker continues to smoke in the public place.
   (F)   A person commits an offense if the person smokes in or within 20 feet of an area designated as a city park in § 97.02 of the Code of Ordinances.
   (G)   A person commits an offense if the person smokes in or within 20 feet of the Boomtown Aquatic Center.
   (H)   A person commits an offense if the person smokes on a side walk in front of, behind, next to or adjacent to a public place.
(Ord. 882, passed 7-20-15)