737.03 PROHIBITIONS.

   (a)    No proprietor of a place of public assembly as defined in subsection 737.01 (d) shall negligently permit smoking in said place of public assembly within the City of Fairfield, Ohio, except as provided in subsection 737.02 (a)(1) of this chapter.

   (b)    All enclosed areas, including buildings and vehicles owned, leased, or operated by the City of Fairfield, Ohio, shall be subject to the provisions of this chapter.

   (c)    No person shall smoke in a place of public assembly within the City of Fairfield, Ohio, except as provided in subsection 737.02 (a)(1) of this chapter.

   (d)    No person shall smoke in any business or outdoor patio that has been declared nonsmoking pursuant to Section 737.06 of this chapter.

   (e)    Whoever violates any provision of this section shall be given a written or verbal warning on the first violation. If the violation continues or the person commits a second violation, the person shall be guilty of a minor misdemeanor punishable by a fine not to exceed one hundred fifty dollars ($150.00). Except as otherwise provided in this subsection, if within one year of the offense the person has been convicted of or pleaded guilty to a violation of this section, the person shall be fined not more than five hundred dollars ($500.00).

   (f)    This Section 737.03 shall be effective August 1, 2005.

(Ord. 73-05. Passed 4-25-05.)