(A) Pursuant to KRS 61.165(3)(b) the city hereby prohibits indoor smoking in city-owned buildings, except any city-owned buildings leased and operated by a non-city entity.
(B) Smoking, defined as the carrying of a pipe, cigar, or cigarette of any kind, which is burning, or the igniting of a pipe, cigar, or cigarette of any kind, which is burning, is prohibited within a reasonable distance of the outside entrance to or open windows of any enclosed area in which smoking is prohibited by this section, and from the air intake of a ventilation system serving an enclosed area where smoking is prohibited, in order to insure tobacco smoke does not enter that enclosed area through entrances, windows, ventilation systems, or other means.
(C) The city shall take the following reasonable steps to make persons aware of the smoking prohibition in city-owned buildings:
(1) "No Smoking" signs or 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, shall be clearly and conspicuously posted in all publically accessible areas of all city buildings.
(2) A conspicuous sign clearly stating that smoking is prohibited shall be posted at each entrance utilized by the public entering or exiting city buildings.
(3) All ashtrays shall be removed from any area within which smoking is prohibited.
(D) Enforcement.
(1) In the event any person observes a person or persons violating this section, he or she shall immediately direct the person or persons in violation to discontinue smoking.
(2) In the event the person or persons violating this section fails or refuses to comply with this directive, the person observing the violation shall take immediate and reasonable steps to obtain the removal of the person or persons from the premises.
(E) Violations and penalties.
(1) A person who smokes in any city-owned or operated building shall be guilty of a violation, punishable by a fine not exceeding $50.
(2) Violation of this section is declared to be a public nuisance, which may be abated by the city or its designated agents by restraining order, preliminary injunction, or other means provided for by law. The city may recover the reasonable costs of any court enforcement action seeking an abatement of this nuisance.
(3) Each day in which a violation of this section occurs shall be considered a separate and distinct violation.
(Ord. 2011-38.04, passed 3-8-11)