(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. All space between a floor and a ceiling that is bordered on four sides by doors, walls, or windows, whether open or closed, the combination of which extend from the floor to the ceiling. A wall includes any physical barrier, whether temporary or permanent, solid or permeable.
CITIZEN. Any person other than an employee.
EMPLOYEE. A person who works in consideration for wages or profit, or who volunteers his or her services for the County Fiscal Court.
PLACE OF EMPLOYMENT. An area under the control of the County Fiscal Court that the employee is present during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeteria, hallways, and work vehicles.
SMOKING. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or other combustible tobacco product.
(B) Application. This section shall apply to all buildings owned by the County Fiscal Court or titled in the name of the county.
(C) Prohibition of smoking.
(1) Smoking shall be prohibited in all enclosed the county government buildings, including, but not limited to the following places: County Courthouse; James Clark Judicial Annex; County Detention Center; all office space of the County Road Department; all office space of the County Animal Shelter; and all office and living space of the County Fire Department and all its affiliated stations.
(2) Smoking is expressly not prohibited in breeze ways, garages, bays, or other open areas on property owned by the County Fiscal Court or titled in the name of the county.
(D) Reasonable distance. Smoking is prohibited within a minimum distance of ten feet from the outside entrance to or open window of any area in which smoking is prohibited by this section and from the air intake of a ventilation system serving an enclosed area where smoking is prohibited, in order to ensure tobacco smoke does not enter that enclosed area through entrances, windows, ventilation systems or other means.
(E) Posting of signs.
(1) “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every building and facility owned by the County Fiscal Court and public area and place of employment where smoking is prohibited by this section.
(2) A conspicuous sign clearly stating that smoking is prohibited shall be posted at each entrance utilized by the public entering and exiting said buildings and facilities within which smoking is prohibited by this section. A conspicuous sign clearly stating that smoking is prohibited shall be posted at each entrance utilized by employees entering and exiting places of employment within which smoking is prohibited by this section.
(3) All ashtrays shall be removed from areas within government buildings to which this section applies.
(F) Enforcement.
(1) Enforcement of this section will be the responsibility of any and all sworn law enforcement officers who may work within Winchester or the county. Enforcement may be done on a complaint basis but can be done at any time witnessed by a law enforcement official.
(2) Any citizen who desires to register a complaint under this section may initiate enforcement with law enforcement or by filing a complaint with the County Attorney’s office.
(G) Exception. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws
(Ord. 2009-11, passed 7-8-2009) Penalty, see § 36.999