No person shall permit or engage in smoking in any area that is under the control of that person and in which smoking is prohibited by this article or any other law.
A. A person that has control of an area in which smoking is prohibited by this chapter shall post a clear, conspicuous, and unambiguous "No Smoking" sign at each entrance to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international "No Smoking" symbol as well as the "No Vaping"/"No E-Cigarette" symbol. Signs posted on the exterior of buildings to comply with this section shall include the 25-foot distance requirement set forth in Section 8.25.040. The presence or absence of signs shall not be a defense to a charge of smoking, tobacco, or nicotine use in violation of any other provision of this chapter.
B. City staff and volunteers will be notified about the requirements of this chapter through the employee manual.
C. City staff will communicate the requirements of this chapter to public event organizers. City staff will also make periodic observations of parks and other city property covered by this chapter to monitor for compliance. Anyone found by city staff to be violating this chapter will be reminded of its requirements and asked to comply before being subject to ejection from the property.
D. A person that has control of an area in which smoking is prohibited by this chapter shall direct anyone who is smoking in violation of this chapter to extinguish the product being smoked [or stop using the tobacco product]. If they do not stop smoking, the person that has control of the area shall refuse any service and shall immediately ask them to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.
E. No person shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
F. The Director or their designee shall conduct an ongoing educational program to explain and clarify the purposes and requirements of this chapter, as well as to provide guidance to persons or employers about compliance. Lack of receiving or participating in such education program shall not be a defense to a violation of this chapter.
(Ord. 839-2022, § 2, 2022)