(A) Where smoking is prohibited.
(1) Except as otherwise provided in this section, smoking shall be prohibited in the following public places and places of employment, including, but not limited to, the following areas:
(a) Elevators;
(b) Restrooms, lobbies, reception areas, hallways, and any other common use areas;
(c) Buses, taxicabs, and other means of public transit under the authority of the city, and ticket, boarding, and waiting areas of public transit depots;
(d) Service lines;
(e) Retail stores;
(f) All areas available to and customarily used by the general public in all governmental offices, private businesses, and nonprofit entities patronized by the public;
(g) Restaurants;
(h) Aquariums, galleries, libraries, and museums;
(i) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance;
(j) Sports arenas and convention halls, including bowling facilities;
(k) Every room, chamber, or place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent that such place is subject to the jurisdiction of the city;
(l) Hospitals, clinics, physical therapy facilities, doctors’ offices, and dentists’ offices;
(m) Private and semi-private rooms in nursing homes and long-term care facilities;
(n) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(o) Polling places; and
(p) Private functions in other public places like restaurants, hotels, and motels.
(2) Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.
(B) Policies regarding smoking in places of employment.
(1) It shall be the responsibility of employers to provide a smoke-free workplace for all employees, but employers are not required to incur any expense to make structural or other physical modifications.
(2) Within 120 days of the adoption of this section, each employer having an enclosed place of employment located within the city shall adopt, implement, make known, and maintain a written smoking policy that shall contain the following requirements: Smoking shall be prohibited in all enclosed facilities within a place of employment, without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles with more than one occupant, and all other enclosed facilities.
(3) The smoking policy shall be communicated to all employees within three weeks of its adoption.
(4) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
(C) Reasonable distance. Smoking may occur at a reasonable distance outside of any area where smoking is prohibited to ensure 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.
(D) Where smoking is not regulated. Notwithstanding any other provision of this section to the contrary, the following areas shall not be subject to the smoking restrictions of this section:
(1) Private residences, except when used as a licensed child care, adult day care, or health care facility;
(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms;
(3) Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this section;
(4) Outdoor areas of places of employment;
(5) Bars; or
(6) Private clubs.
(Ord. passed - -) Penalty, see § 91.999