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The Dallas City Code
CITY OF DALLAS, TEXAS CODE OF ORDINANCES
CHARTER of THE CITY OF DALLAS, TEXAS
VOLUME I
VOLUME II
CHAPTER 29 RESERVED
CHAPTER 29A RESERVED
CHAPTER 30 NOISE
CHAPTER 31 OFFENSES - MISCELLANEOUS
CHAPTER 31A OFFICERS AND EMPLOYEES
CHAPTER 32 PARKS AND WATER RESERVOIRS
CHAPTER 33 ASSISTED LIVING FACILITIES
CHAPTER 34 PERSONNEL RULES
CHAPTER 35 RESERVED
CHAPTER 36 POLES AND WIRES
CHAPTER 37 POLICE
CHAPTER 37A POLICE AND FIRE WELFARE FUND
CHAPTER 38 PRIVATE DETECTIVES
CHAPTER 38A PROMOTERS
CHAPTER 39 RAILROADS
CHAPTER 39A RELOCATION ASSISTANCE - EMINENT DOMAIN
CHAPTER 39B REGULATED PROPERTY - PURCHASE AND SALE
CHAPTER 39C RECORDS MANAGEMENT PROGRAM
CHAPTER 40 RAT CONTROL
CHAPTER 40A RETIREMENT
CHAPTER 40B SECONDARY METALS RECYCLERS
CHAPTER 41 SMOKING
CHAPTER 41A SEXUALLY ORIENTED BUSINESSES
CHAPTER 42 HOME SOLICITATIONS
CHAPTER 42A SPECIAL EVENTS; NEIGHBORHOOD MARKETS; DALLAS FARMERS MARKET FARMERS MARKET; STREETLIGHT POLE BANNERS
CHAPTER 42B SHORT-TERM RENTALS
CHAPTER 43 STREETS AND SIDEWALKS
CHAPTER 43A SWIMMING POOLS
CHAPTER 44 TAXATION
CHAPTER 45 TEMPORARY INCLEMENT WEATHER SHELTER PROGRAM
CHAPTER 46 UNLAWFUL DISCRIMINATORY PRACTICES RELATING TO SEXUAL ORIENTATION AND GENDER IDENTITY AND EXPRESSION
CHAPTER 47 TRAILERS, TRAILER PARKS AND TOURIST CAMPS
CHAPTER 47A TRANSPORTATION FOR HIRE
CHAPTER 48 TREES AND SHRUBS
CHAPTER 48A VEHICLE TOW SERVICE
CHAPTER 48B VACANT BUILDINGS AND LOTS
CHAPTER 48C VEHICLE IMMOBILIZATION SERVICE
CHAPTER 49 WATER AND WASTEWATER
CHAPTER 50 CONSUMER AFFAIRS
Code Comparative Table
VOLUME III
ARTICLE II.
SMOKING PROHIBITIONS.
SEC. 41-2.   SMOKING PROHIBITED IN CERTAIN AREAS.
   (a)   A person commits an offense if he smokes:
      (1)   in any indoor or enclosed area in the city;
      (2)   within 15 feet of any entrance to an indoor or enclosed area in the city;
      (3)   in any area designated as nonsmoking by the owner, operator, or person in control of the area and marked with a no smoking sign complying with Section 41-3; or
      (4)   on park property.
   (b)   An owner, operator, or person in control of an indoor or enclosed area in the city commits an offense if he, either personally or through an employee or agent, permits a person to smoke in the indoor or enclosed area.
   (c)   For purposes of this chapter, an indoor or enclosed area includes but is not limited to the following:
      (1)   An elevator.
      (2)   A hospital or nursing home.
      (3)   Any facility owned, operated, or managed by the city.
      (4)   Any retail or service establishment.
      (5)   Any workplace.
      (6)   Any facility of a public or private primary or secondary school or any enclosed theater, movie house, library, museum, or transit system vehicle.
   (d)   It is a defense to prosecution under Subsection (a)(1), (a)(3), or (b) of this section if the person was smoking in a location that was:
      (1)   a private residence, except that this defense does not apply when the residence is being used as a child care facility, adult day care facility, or health care facility;
      (2)   a stage or set of a production of a television program, a theatrical presentation, or a motion picture or filming event where smoking by an actor or performer is essential to the production;
      (3)   a cigar bar that:
         (A)   was lawfully operating as a cigar bar on December 10, 2008 (except that this defense does not apply if the cigar bar is expanded, is relocated, or changes majority ownership after December 10, 2008);
         (B)   does not open into any other indoor or enclosed area in which smoking is prohibited under this section;
         (C)   is not generally accessible by a minor; and
         (D)   keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the cigar bar;
      (4)   a tobacco shop that:
         (A)   does not open into any other indoor or enclosed area in which smoking is prohibited under this section; and
         (B)   keeps all windows and doors closed at all times except as reasonably necessary for the expeditious entering and exiting of the tobacco shop;
      (5)   an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:
         (A)   the outdoor seating area is adjacent to a playground or play area for children; or
         (B)   the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3; or
      (6)   a private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner, operator, or person in control of the hotel or motel.
   (e)   It is a defense to prosecution under Subsection (a)(2) of this section if the person was smoking in a location that was an unenclosed outdoor seating area associated with an indoor or enclosed area, including but not limited to a bar, hotel, motel, or eating establishment, except that this defense does not apply if:
      (1)   the outdoor seating area is adjacent to a playground or play area for children; or
      (2)   the location was posted as a nonsmoking area by the owner, operator, or person in control of the establishment or area with a sign complying with Section 41-3.
   (f)   It is a defense to prosecution under Subsection (a)(4) of this section if the person was smoking in a location that was:
      (1)   a golf course, if the location was:
         (i)   between the tee box of the first hole and the end of the green of the 18th hole;
         (ii)   on the driving range; or
         (iii)   on the outdoor patio;
      (2)   the Elm Fork Shooting Range; or
      (3)   at a park partner site. (Ord. Nos. 18961; 19648; 21109; 21109; 21614; 25168; 27440; 30258)
SEC. 41-3.   SIGNAGE AND OTHER REQUIREMENTS.
   (a)   The owner, operator, or person in control of an establishment or other area in which smoking is prohibited under Section 41-2(a)(1) or (a)(3) shall post a conspicuous sign at the main entrance to the establishment or area. The sign must contain the words "No Smoking, City of Dallas Ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking.
   (b)   The owner, operator, or person in control of an indoor or enclosed area to which the smoking prohibition of Section 41-2(a)(2) applies shall post a conspicuous sign at each entrance to the indoor or enclosed area. The sign must contain the words "No Smoking within 15 Feet of Entrance, City of Dallas Ordinance." The universal symbol for no smoking may be substituted for the words “No Smoking.”
   (c)   The owner, operator, or person in control of an establishment or area in which smoking is prohibited under Section 41-2 shall remove all ashtrays from the establishment or area.
   (d)   It is a defense to prosecution under this section that the establishment or area is a location for which a defense to prosecution is provided under Section 41-2(d). (Ord. 27440)
SECS. 41-4 THRU 41-5.   RESERVED.
   (Repealed by Ord. 25168)