(A) Individual responsibilities.
(1) An individual shall not smoke in an area where smoking is prohibited by this chapter.
(2) An individual in an area where smoking is prohibited shall stop smoking immediately when requested to stop smoking by the proprietor of the public place or place of employment.
(B) Proprietor responsibilities.
(1) A proprietor shall:
(a) Not permit smoking in an area where smoking is prohibited by this chapter;
(b) Not permit smoke to drift or infiltrate into a building or facility through an entrance, a window, a ventilation system or other means;
(c) Post signs and remove ashtrays according to § 138.03;
(d) Communicate that smoking is prohibited in a place of employment to all existing employees and, at the time of application, all applicants for employment.
(2) If a building or facility that is controlled by a proprietor contains several places of employment or public places that are controlled by other proprietors:
(a) The proprietor of the entire building or facility shall comply with the requirements of division (B)(l) for the area controlled by the proprietor of the place of employment or public place.
(b) The proprietor of each place of employment or public place shall comply with the requirements in division (B)(l) for the area controlled by the proprietor of the place of employment or public place.
(3) If an individual in an area controlled by a proprietor is smoking in violation of this chapter, the proprietor shall inform the individual that he or she is in violation of the this chapter and request that the individual stop smoking immediately.
(C) No person shall discharge, refuse to hire or in any manner retaliate against any individual for exercising any right, including but not limited to reporting a violation, or performing any obligation under this chapter.
(Ord. 2429, passed 12-3-07) Penalty, see § 138.99