(A) Except as otherwise provided in this subchapter, smoking shall be prohibited in the following public places and places of employment, including, but not limited to, the following areas:
(1) Elevators;
(2) Restrooms, lobbies, reception areas, hallways and any other common-use areas;
(3) Buses, taxicabs, and other means of public transit under the authority of the city, and ticket, boarding, and waiting areas of public transit depots;
(4) Service lines;
(5) Retail stores;
(6) All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public;
(7) Restaurants;
(8) Public areas of aquariums, galleries, libraries, and museums;
(9) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except performers when smoking is part of a theatrical production;
(10) Sports arenas and convention halls;
(11) Every room, chamber, 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 such place is subject to the jurisdiction of the city;
(12) Hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
(13) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(14) Polling places; and
(15) Private functions in other public places like restaurants, hotels, and motels.
(B) 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.
(Ord. 2006-9, passed 8-7-06; Am. Ord. 2008-1-1, passed 2-4-08) Penalty, see § 38.99