(a) Purpose. The right and need of those who wish smoke free air is hereby recognized and the health, safety, and welfare of the employees and residents of the City require regulation of smoking in enclosed places and places of employment so as to prevent the damage inflicted upon them when they involuntarily inhale smoke emitted from cigarettes, cigars, pipes, and other smoking materials or otherwise come into contact with other types of tobacco products.
(b) Definitions. As used in this section:
(1) “Smoke or smoking” means the act of inhaling, exhaling, or burning of any tobacco product, weed, filler or plant of any kind in a cigarette, cigar, pipe or any other devise in any manner or in any form. In addition, as it relates to any employees of the City of Circleville, “smoke or smoking” shall also mean the carrying of any tobacco product, weed, filler or plant of any kind on such employee’s person.
(2) “Smoke free” means free of visible smoke, and not containing fumes and odors from smoking in sufficient concentrations to cause annoyance or distress to any non-smokers.
(3) “Employee” means any person who is employed by the City of Circleville either directly or indirectly.
(4) “Employer” means the City of Circleville, Ohio.
(5) “Enclosed area” means an area enclosed in by a roof and walls on at least three sides with appropriate openings for ingress and egress and shall include areas commonly described as public lobbies or halls.
(6) “Office workplace” means any enclosed area of a structure or portion thereof intended for occupancy by city employees which shall provide primarily clerical, writing, computer operation, professional or business services. Office workplace includes, but is not limited to, such places in City office buildings and waiting rooms.
(7) “Person” means any individual, firm, partnership, association, corporation, company, organization, or legal entity of any kind.
(8) “Public place” means that portion of any enclosed indoor area to which persons of the general public are invited or in which members of the general public are permitted. In addition, as it relates to any employees of the City of Circleville, “public place” shall also include any areas within thirty feet of an entrance to any public building as defined herein.
(9) “City owned equipment or vehicle” means any motor vehicle, bus, machinery or equipment designed to carry passengers and regularly carry passengers as part of the job requirements for the City.
(c) Smoking Prohibited. Except as otherwise provided, smoking or the use of any tobacco products shall be prohibited at all times in the following places:
(1) Within any City owned building or shed, including, but not limited to, all enclosed areas, office work places, restrooms, elevators, lobbies, halls or any other public places.
(2) Within any City owned equipment or motor vehicles, where such equipment or motor vehicle is designed to carry passengers and regularly carries passengers as part of the job requirement for the City, or in those cases where the motor vehicle does not regularly carry passengers, the use of any tobacco products on or in such motor vehicles is prohibited while the motor vehicle carries passengers.
(3) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City of Circleville during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.
(d) Posting of Signs. The Director of Public Safety and the Director of Public Service shall be responsible for the erection or posting of notices or signs at all entranceways to all City owned buildings or sheds advising that all smoking is prohibited throughout the enclosed area of the building. “No Smoking” signs shall also be conspicuously posted in such locations within City owned buildings as to place all employees and other persons of the general public on notice of the prohibition against smoking or other use of tobacco products in any City owned building or shed.
(e) Enforcement.
(1) Notice of these regulations and the ban on all smoking and use of tobacco products within City owned buildings and sheds and all City owned equipment and motor vehicles shall be given to all City employees and any other persons occupying City owned buildings or sheds or City owned equipment or motor vehicles.
(2) Any employee of the City of Circleville or other citizen of the general public who desires to register a complaint under the provisions of this section may do so by filing a complaint with the Chief of Police or his designee. The Chief of Police, or his designee, shall implement the enforcement of this section by issuing an appropriate citation for any violation, with each day of the violation constituting a separate offense.
(f) Violations and Penalties.
(1) It shall be unlawful for any person to smoke or otherwise use any tobacco product within any City owned building or shed or in any City owned equipment or motor vehicle as set forth in subsection (c) herein.
(2) Any person who smokes or uses any tobacco product in an area in which smoking is prohibited shall be deemed guilty of a minor misdemeanor. A separate offense shall be deemed committed on each day on which the violation occurs or continues.
(3) Any person found guilty of defacing or removing “No Smoking” signs as required by this section shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than two hundred fifty dollars ($250.00).
(4) Any violation of this section is hereby declared to be a public nuisance.
(Ord. 07-41-97. Passed 7-1-97.)