(A) No person shall smoke or use a vapor product within any building, except in one of the following locations:
(1) In any dwelling. This exception does not extend to a lobby, common elevator, common hallway or any other common area of a building containing attached dwelling units, hotel rooms or motel rooms;
(2) In a room or hall being used by a person or group for a private social function that is not open to the public, in any room used for psychological treatment of nicotine addiction by a licensed health care professional, or in a physically separate and independently ventilated room in a hospital, hospice facility or nursing home open to all residents as a smoking room and for no other purpose;
(3) In a retail tobacco or vapor product store;
(4) As part of a theatrical production so long as adequate notice is provided to patrons both before the performance and by specific signage at the theater;
(5) Facilities not open to the public operated by private organizations; and
(6) In a tobacco warehouse.
(B) Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any place, including, without limitation, any motor vehicle, outdoor area or dwelling, from prohibiting smoking completely in such place and no person shall fail to abide by such a private prohibition.
(C) Nothing in this chapter shall authorize smoking in any place where it is otherwise prohibited by statue, ordinance, regulation or by order of the Fire Marshal and county property including Lakeview Park, the Carter House and the Lakeview Golf Course, so long as those properties are owned by the County Fiscal Court.
(Ord. 8 (2012), passed 5-4-2012; Ord. 11-2019, passed 12-20-2019) Penalty, see § 130.99