(A) Purpose. The purpose of this section is to protect the public health and welfare by prohibiting smoking on town-owned vehicles and buildings, including, but not limited to fire stations, police stations, Fremont utility buildings, Street Department buildings, park restrooms and assembly halls; and to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. A person who is employed by the Town of Fremont and receives direct monetary wages or profit.
EMPLOYER. The Town of Fremont.
ENCLOSED AREA. All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
SMOKING. Burning and carrying, inhaling or exhaling, of any lighted cigar, cigarette, pipe, containing any weed or plant.
TOWN OF FREMONT PROPERTY. All properties owned by The Town of Fremont, including but not limited to the Town Hall, fire stations, fire apparatus, police station, police vehicles, Fremont municipal utility buildings, Fremont municipal utility vehicles, Street Department buildings, Street Department vehicles, park restrooms and assembly halls.
(C) Posting of signs.
(1) “No Smoking” signs and/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 at all buildings, including the Town Hall, fire stations, police stations, Fremont municipal utility buildings and Street Department buildings owned by the Town of Fremont.
(2) All Town of Fremont property shall have posted at every entrance to an enclosed area a conspicuous sign clearly stating/indicating that smoking is prohibited.
(3) All ashtrays and other smoking paraphernalia shall be removed from Town of Fremont property (except for the vehicles owned or used by the Town of Fremont).
(D) Smoking on Fremont property prohibited.
Smoking is prohibited within all enclosed areas on Town of Fremont property.
(E) Enforcement.
(1) This section shall be enforced by the Town Manager, an authorized designee, any law enforcement officer or department head.
(2) Notice of the provisions of this section shall be given to all applicants who seek employment with the Town of Fremont.
(3) Notwithstanding any other provision of this section, an employee or private citizen may bring action to enforce this section.
(4) In addition to the remedies provided by the provisions of this section, the Manager or any person aggrieved by the failure of the authorized designee, or department head or other person in control of town owned property to comply with the provisions of this section may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
(Ord. 2005-15, passed 7-19-2005) Penalty, see § 91.999