(A) An operator of any public building may adopt a policy for the public building which:
(1) Allows smoking throughout the public building by designating the public building as a smoking facility;
(2) Prohibits smoking throughout the public building by designating the public building as a non-smoking facility; or
(3) Designates separate rooms or areas throughout the public building in which smoking is permitted in those designated rooms or areas only.
(B) If an operator prohibits smoking throughout a public building by the placement of signs, it shall be unlawful for any person to perform the following acts in the public building or within 25 feet of any public entrance or exit to the public building:
(1) Smoke;
(2) Carry a lighted cigarette, cigar, or tobacco-containing pipe;
(3) Light a cigarette, cigar or tobacco-containing pipe; or
(4) Use an electronic smoking device.
(C) If an operator designates any portion of a public building as non-smoking by the placement of signs, it shall be unlawful for any person to perform the following acts in the designated non-smoking portions of that public building or within 25 feet of any public entrance or exit to the public building:
(1) Smoke;
(2) Carry a lighted cigarette, cigar, or tobacco-containing pipe;
(3) Light a cigarette, cigar or tobacco-containing pipe; or
(4) Use an electronic smoking device.
(D) If an operator prohibits smoking throughout a public building by the placement of signs, it shall be unlawful for any person to place or allow to be placed any of the following items in that public building or within 25 feet from an entrance or exit to the public building:
(1) Ashtrays placed for use in the building;
(2) Smoking paraphernalia placed for use in the building; or
(3) Litter or refuse resulting from smoking.
(E) If an operator designates any portion of a public building as non-smoking by the placement of signs, it shall be unlawful for any person to place or allow to be placed any of the following items in the designated non-smoking areas of the public building or within 25 feet from an entrance or exit to the public building:
(1) Ashtrays placed for use in the building;
(2) Smoking paraphernalia placed for use in the building; or
(3) Litter or refuse resulting from smoking.
(F) It shall be unlawful for an operator to allow anyone under the age of 18, unless accompanied by a parent, guardian or adult over the age of 21, to enter a public building for which smoking has been permitted throughout the entire public building.
(G) If an operator allows smoking only in designated areas, the designated smoking areas must have a segregated ventilation system and physical barriers must be erected to fully segregate the smoking areas from the non-smoking areas in order to minimize the toxic effect on adjacent non-smoking areas. All public restrooms shall be located in non-smoking areas and may not be located in an area where an individual must travel through a smoking area in order to arrive at the public restroom.
(H) It shall be unlawful for any operator of any public building to allow the operation of the establishment unless one or more signs with the following language have been posted at a location clearly visible to a person entering the establishment:
(1) A "No Smoking Permitted in this Establishment" sign that includes the international "No Smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it); or
(2) A "Smoking Permitted in Designated Areas Only" sign that indicates in detail the areas in which smoking is permitted; or
(3) A "Smoking is Permitted in this Establishment" sign.
(I) An operator shall provide facilities for the extinguishment of smoking materials only in areas where smoking is permitted. The facilities shall be located so as to be readily accessible for extinguishment of smoking materials.
(Ord. 03-2015-20, passed 3-24-15)