(A) Prohibition of smoking in public places. Smoking shall be prohibited in any public place, including, but not limited to, the following areas:
(1) All school buildings and grounds, including athletic facilities located within the Hamilton Southeastern Schools district, pursuant to the policy of Hamilton Southeastern School Corporation;
(2) All other governmental buildings and grounds pursuant to policies adopted by such governmental entities;
(3) Notwithstanding the foregoing prohibition, the Mayor, in his or her discretion, may provide a location for smoking outside city-owned buildings and on city-owned grounds that shall be a designated smoking area to be used only by employees of the city during a permissible work break. Such a designated location shall meet the conditions of division (B) below. An appropriate container shall be provided by the city at such location in order to avoid the accumulation of trash and debris and cigarette residue.
(B) Reasonable distance. Smoking shall occur at a reasonable distance outside any area where smoking is prohibited to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or any other means. It shall be a violation for smoke to be detected in any area where smoking is prohibited.
(C) Posting of signs - removing of paraphernalia.
(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, sufficiently, and conspicuously posted in every building or other area where smoking is prohibited by this section, by the owner, operator, manager, or other person having control of such building or other area.
(2) Every public place where smoking and tobacco is prohibited by this section shall have posted at every entrance, a conspicuous sign clearly stating that smoking and tobacco is prohibited.
(3) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this section, by the owner, operator, manager, or other person having control of such area.
(D) Enforcement.
(1) Any citizen who desires to register a complaint under this section may initiate enforcement with the department designated herein.
(2) Upon finding that any provision of this section has been violated, the enforcement designee(s) shall issue a Notice of Violation (NOV) to the person(s) in violation. The NOV shall be in writing and shall be served upon the person(s) in violation by delivery in person or first class mail.
(E) Violations and penalties.
(1) It shall be unlawful for any person who owns, operates, or otherwise controls the use of any premises subject to regulation under this section to fail to comply with any of its provisions.
(2) It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premises subject to regulation under this section to knowingly or willingly allow smoking to occur where prohibited by this section. It is a defense to this section, if the foregoing persons or their employees act in a reasonable and timely manner to personally inform the violator of the prohibition and request that he/she refrain from smoking.
(3) It shall be unlawful for any person to smoke in an area where smoking is prohibited by the provisions of this section.
(F) Public education. The city may engage in programs to explain and clarify the purposes and requirements of this section to citizens affected by it, and to guide owners, operators, and managers in their compliance with it. Such programs may include publication of a brochure for affected businesses and individuals explaining the provisions of this section.
(G) Other applicable laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 110691C, passed 11-20-91; Am. Ord. 080706E, passed 9-5-06; Am. Ord 091514A, passed 11-17-14; Am. Ord. 011618A, passed 1-16-18; Am. Ord. 111918D, passed 11-19-18) Penalty, see § 35.99