Smoking is prohibited in the following places within the Town:
a. Enclosed Areas and Businesses. An enclosed area or business available to and customarily used by the general public including, but not limited to, a retail store, hotel, motel, pharmacy, bank, or office.
b. Restaurants. Within a restaurant, provided, however, that this prohibition does not apply to the bar area and outdoor seating areas of such restaurants.
c. Health Facilities. A waiting room, hallway, ward, or semi-private room of a health facility, including but not limited to a hospital, clinic or physical therapy facility, doctor’s office or dentist’s office, except that a health facility is also subject to the provisions of subsection 7-2.5 regulating smoking in places of employment.
d. Transportation and Restroom Facilities. An elevator, public restroom, indoor service line, bus, taxicab or other means of public transit under the authority of a public entity, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (1) the establishment of separate waiting areas for smokers and non-smokers, or (2) the establishment of at least forty percent (40%) of a given waiting area as a nonsmoking area.
e. Museums and Galleries. In public areas of museums and galleries.
f. Theaters, Auditoriums and Halls. An enclosed theater, auditorium, or hall which is used for action pictures, stage dramas and musical performances, ballets or other exhibitions, except when smoking is part of any such production.
g. Retail Food Facilities. A retail food marketing establishment, including a grocery sore or supermarket, except those areas of such establishments set aside for the serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by other sections of this chapter.
h. Public Facilities and Schools. A public school or other public facility under the control of another public agency, which is available to and customarily used by the general public, to the extent that the same is subject to the jurisdiction of the Town.
i. Nonsmoking Establishments. Notwithstanding any other provisions of this section, an owner, operator, manager or other person who controls an establishment described in this section may declare that entire establishment as a nonsmoking establishment.
j. Sports Arenas. Sports arenas and convention halls, except in designated smoking areas.
k. Child Care Facilities. Commercial child care facilities, whether conducted in a private residence or commercial structure.
l. Multiple family buildings. Beginning on May 1, 2016, smoking is prohibited in the following areas of multiple family buildings:
1. Within all units in the building; and
2. In all common areas of the building or property. Landlords and owners of multiple family buildings shall not allow ashtrays or other receptacles for disposing of smoking materials in common areas.
(Ord. #30-85, §7-704; Ord. #114, §2; Ord. #94-01, §§4, 5; Ord. #2015-04, §4)