A. It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
B. Within ninety (90) days of the effective date of this chapter, each employer and each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements:
1. Prohibition of smoking in conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways, and elevators;
2. Any employee in a place of employment shall be given the right to designate his or her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by the employer. The policy adopted by the employer shall include a reasonable definition of the term "immediate work area."
a. In any dispute arising under this smoking policy, the rights of the nonsmoker shall be given precedence.
b. Provision and maintenance of a separate and contiguous nonsmoking area of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.
c. The smoking policy shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter.
d. Notwithstanding the provisions of subsection a. of this subsection, every employer shall have the right to designate any place of employment, or portion thereof, as a nonsmoking area.
(Ord. 563, 1990).