§ 29.5-2 SMOKING PROHIBITED.

   (a)   A person commits an offense if the person smokes in a public place.

   (b)   A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased or operated by the city.

   (c)   A person commits an offense if the person smokes in an enclosed area of a place of employment.

   (d)   A person commits an offense if the person smokes within 20 feet from a primary entrance or openable window of an enclosed area in which smoking is prohibited.

   (e)   A person commits an offense if the person smokes in a park. This prohibition does not apply to those areas of a park to which an outdoor special event permit was issued under the rules and regulations set by the director of the parks and recreation department.

   (f)   Notwithstanding any other provision of this section, any owner, operator, manager or any other person who controls any establishment or facility may declare the entire establishment or facility as a nonsmoking establishment.

(Ord. 17719, § 1, passed 8-21-2007; Ord. 23221-05-2018, § 2, passed 5-15-2018, eff. 8-13-2018)

§ 29.5-3 EXCEPTIONS.

   (a)   Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking prohibitions in § 29.5-2.

      (1)   Private residences, except when used as a child care, adult day care or health care facility;

      (2)   A private or semi-private room in a nursing home or long term health care facility that is occupied by persons who smoke and have requested in writing to be placed in a room where smoking is permitted;

      (3)   Hotel and motel rooms that comply with § 29.5-4;

      (4)   Retail smoke shops and cigar lounges in stand alone physical facilities or that operate an air ventilation system that prevents the migration of smoke into neighboring facilities;

      (5)   Hotel and motel conference or meeting rooms and public facilities while being used for a private function. This exception shall not include restaurants or bars;

      (6)   Private clubs, as defined in this chapter, as long as the facility is used or operated by the members and is not open to the general public;

      (7)   An outdoor dining area and/or patio, as long as the section of the outdoor dining area and/or patio where smoking is permitted, is more than 20 feet from a primary entrance or openable window of an enclosed area; and

      (8)   Any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of a stage production.

   (b)   Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may designate the entire establishment as a nonsmoking establishment.

(Ord. 17719, § 1, passed 8-21-2007; Ord. 23047-12-2017, § 2, passed 12-12-2017, eff. 3-12-2018)

§ 29.5-4 DESIGNATION OF SMOKING ROOMS BY HOTEL AND MOTEL RESTRICTED.

   A hotel and motel may not designate more than 25% of its rooms that are rented for temporary overnight occupancy by the public as smoking rooms.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-5 OWNER/OPERATOR RESPONSIBILITIES.

   (a)   The owner and/or operator of a public place shall conspicuously post a “No Smoking” sign, the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) or other sign containing words or pictures that prohibit smoking:

      (1)   In each public place and workplace where smoking is prohibited by this chapter; and

      (2)   At each entrance to a public place or workplace.

   (b)   The owner/operator of a public place shall conspicuously post signs in areas where smoking is permitted under § 29.5-3.

   (c)   The owner/operator of a public place and an employer shall remove any and all ashtrays or other smoking accessories from a place where smoking is prohibited.

   (d)   An owner/operator commits an offense if he or she violates any provision of this section.

   (e)   An owner/operator commits an offense if he or she knowingly allows a person to remain in a place under the owner/operator’s control while such person is smoking in violation of this chapter. This offense is punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

   (f)   It is not a defense to prosecution of any offense under this chapter that an owner/operator failed to post a sign required under this section.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-6 EMPLOYER RESPONSIBILITIES.

   (a)   Except as provided in § 29.5-3, an employer shall provide a smoke-free place of employment.

   (b)   Employers shall designate all areas of the place of employment including, but not limited to, conference rooms, break rooms, rest rooms and dining areas as nonsmoking.

   (c)   If an employer requires employees to work in an area described in § 29.5-3, the employer shall make reasonable accommodations for an employee who requests an assignment to a smoke free area.

   (d)   An employer shall notify each employee and applicant for employment in writing that:

      (1)   Smoking in the place of employment is prohibited; or

      (2)   Smoking is permitted in the place of employment because it is exempted from the prohibition of smoking under § 29.5-3.

   (e)   A person, employer, building manager, building owner or lessee commits an offense if he or she violates any provision of this section.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-7 VOLUNTARY DESIGNATION OF A NON-SMOKING FACILITY.

   Nothing in this chapter shall prevent the owner/operator of an enclosed area or public place from designating the entire facility and/or area as non-smoking.

(Ord. 17719, § 1, passed 8-21-2007)

§ 29.5-8 RETALIATION PROHIBITED.

   A person commits an offense if the person discharges, refuses to hire or retaliates against a customer, employee or applicant for employment because the customer, employee or applicant for employment reports a violation of this chapter.

(Ord. 17719, § 1, passed 8-21-2007)