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The possession of lighted smoking materials in public places may be hazardous to the public health, safety, comfort, convenience and indoor environment. The purpose of this division is to protect the public by restricting the possession of lighted smoking materials to designated smoking areas within public places. This section is intended to protect the public from the involuntary inhalation of tobacco smoke in places which are normally frequented by the general public. It is not intended to restrict smoking in purely private places.
(1976 Code, § 15-22) (Ord. 2065, § 2, passed 1-16-1990)
(a) Except as provided in subsection (b), the possession of lighted smoking materials in any form, including but not limited to the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is prohibited in any of the following places used by or open to the public:
(1) Retail stores or service establishments in excess of 1,000 square feet of space, provided that smoking may be allowed in the common area of shopping malls.
(2) Restaurants, with the exception of those seating fewer than 100 patrons.
(3) Any vehicle of public transportation, including but not limited to trains, buses, limousines for hire and taxicabs.
(4) Elevators (a “no-smoking” sign shall be posted in each such elevator).
(5) Libraries, educational facilities, museums, auditoriums and art galleries.
(6) Any public area of a health care facility, including but not limited to laboratories associated with the rendering of health care treatment, hospitals, rest homes, doctors’ offices and dentists’ offices.
(7) Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, arenas and swimming pools.
(b) The restrictions set forth in subsection (a) above shall not apply to:
(1) Areas which are specifically designated as smoking areas in accordance with § 15-24.
(2) An entire room or hall which is used for private social functions.
(3) Limousines for hire and taxicabs, where the driver and all passengers affirmatively consent to smoking in such vehicle.
(4) Factories, warehouses, and similar places of work not usually frequented by the general public.
(5) Performers upon the stage, provided that the smoking is a part of a theatrical production.
(6) In a location that is a retail or service establishment primarily engaged in the sale of tobacco, tobacco products or smoking implements.
(7) A restaurant which has indoor seating for fewer than 100 patrons.
(8) A private club.
(1976 Code, § 15-23) (Ord. 2065, § 3, passed 1-16-1990)
(a) Smoking areas, including the open common area of malls, may be designated by proprietors or other persons in charge of places described in § 15-23(a), except in places in which smoking is otherwise prohibited by the fire marshal, or by other statute, ordinance or regulation. The size of the designated smoking areas in restaurants seating 100 or more persons should closely approximate the ratio of smokers to nonsmokers who patronize the establishment as long as any nonsmoker is provided a seat in a nonsmoking section if so requested. However, in all cases, the smoking area cannot:
(1) Include the entire establishment;
(2) Include cashier areas, over-the-counter service or sales areas, and service or sales lines; or,
(3) Be larger than 75% of the common area of the establishment.
(b) Subsection (a) above shall not be construed to require proprietors or other persons in charge of places described in subsection 15-23(a) to provide smoking areas.
(c) Where smoking areas are designated, existing barriers and/or ventilation systems should be used where practicable to minimize the irritating and toxic effects of smoke in adjacent no-smoking areas.
(d) No public place described in subsection 15-23(a), other than a restaurant which derives more than 50% of its gross receipts from the sale of alcoholic beverages, shall be designated as a smoking area in its entirety; provided, that if such a facility is designated as a smoking area in its entirety, this designation shall be conspicuously posted on all entrances normally used by the public.
(e) Notwithstanding any other provision of this section, where smoking areas can be established in any governmentally owned or operated facility without subjecting the public to the hazards and inconvenience of ambient smoke, the person in charge of said public place may designate smoking areas.
(1976 Code, § 15-24) (Ord. 2065, § 4, passed 1-16-1990)
(a) The proprietor or other person having control of a place described in § 15-23(a) shall:
(1) Arrange seating to provide a non- smoking area in accordance with § 15-24, and provide a seat in a non-smoking area for all persons requesting such a seat; and,
(2) Post a no-smoking sign or signs in sufficient numbers so as to be easily visible from all sections of the no-smoking area.
(b) Establishments set forth in § 15-23(a) above which do not provide a no-smoking area shall post a sign conspicuous to public view at each public entrance which shall contain the words “No Non-Smoking Section Provided.”
(c) This section does not require the owner, operator, employer, manager or any employee of an establishment to report a violation or to take any action against any individual violating the section. Nor shall this section prohibit any such action.
(1976 Code, § 15-25) (Ord. 2065, § 5, passed 1-16-1990)
Any person, firm, corporation or agent, who shall violate the provisions of this article shall be guilty of a misdemeanor and shall be punished within the jurisdictional limits of magistrate’s court. Each such person, firm, corporation or agent shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued.
(1976 Code, § 15-26) (Ord. 2065, § 6, passed 1-16-1990; Ord. 2626, § 3, passed 9-6-1994)
DIVISION 2. SMOKING ON COUNTY PROPERTY
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