(A) No person, landlord, employer, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, landlord, employer or nonprofit entity and in which smoking is prohibited by law, unless otherwise required by state or federal law.
(B) For purposes of division (A) of this section, a person, landlord, employer, or nonprofit entity has not acted knowingly or intentionally in violation of division (A) of this section if he, she, or it has taken the following reasonable steps to prevent smoking in an area which is under the legal or de facto control of the person, landlord, employer, or nonprofit entity:
(1) Posted clear and prominent "No Smoking" or "Smokefree" signs as required by division (E) of this section, below;
(2) Removed all ash receptacles, such as, for example, ash trays or ash cans, as required by division (C) of this section, below; and
(3) Requested that an individual refrain from smoking who is smoking in violation of this chapter and in an area which is under the legal or de facto control of the person, landlord, employer or nonprofit entity.
(C) No person, landlord, employer, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the person, landlord, employer or nonprofit entity and in which smoking is prohibited by law, including, without limitation, within a reasonable distance required by this chapter from any area in which smoking is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this division (C) shall not be a defense to a charge of smoking in violation of any provision of this chapter.
(D) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance required by this chapter.
(E) A person, landlord, employer, or nonprofit entity that has legal or de facto control of an enclosed or unenclosed area in which smoking is prohibited by this chapter shall post a clear, conspicuous and unambiguous "No Smoking" or "Smokefree" sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement set forth in § 97.03. At least one sign with Humboldt County Department of Health and Human Services, Public Health Branch's phone number [268-2132] where complaints can be directed must be conspicuously posted in each place in which smoking is prohibited. For purposes of this section, the City Manager or his or her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the city. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.
(F) No person, landlord, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
(G) Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.
(Ord. 753-C.S., passed 7-20-10) Penalty, see § 97.07