(A) (1) The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, public transportation or any indoor workplace, except where specifically allowed by law.
(2) As used in this chapter, INDOOR WORKPLACE means any indoor place of employment or a employment type service for or at the request of another individual or individuals, or any public or private entity, whether part time or full time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this chapter shall apply to such indoor workplaces at any given time, whether or not work is being performed.
(B) All buildings, or portions thereof, owned or operated by this city shall be designated as nonsmoking. As used in this division (B), BUILDINGS shall not include up to 25% of any hotel or motel rooms rented to guests if the rooms are properly ventilated so that smoke is not circulated to nonsmoking areas.
(C) No smoking shall be allowed within 25 feet of the entrance or exit of any building specified in division (B) of this section.
(D) The restriction provided in this section shall not apply to stand alone bars, stand alone taverns and cigar bars.
(E) The restrictions provided in this section shall not apply to the following:
(1) The room(s) where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(2) Up to 25% of the guestrooms at a hotel or other lodging establishment;
(3) Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
(4) Workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. INCIDENTAL PUBLIC ACCESS means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery;
(5) Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
(6) Private offices occupied exclusively by one or more smokers;
(7) Workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed childcare facility during hours of operation;
(8) Medical research or treatment centers, if smoking is integral to the research or treatment;
(9) A facility operated by a post or organization of past or present members of the armed forces of the United States which is exempt from taxation pursuant to §§ 501(c)(8), 501(c)(10) or 501(c)(19) of the Internal Revenue Code, 26 U.S.C. when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
(10) Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
(F) An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within 15 feet of any entrance, exit, or air intake.
(G) If smoking is to be permitted in any space exempted above, such smoking space must either occupy the entire enclosed indoor space or if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any enhance, exit, or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free.
(H) Notwithstanding any other provision, restaurants may have designated smoking and nonsmoking areas or may be designated as being a totally nonsmoking area. Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit, or air intake. Such room shall be subject to verification for compliance with these provisions by the State Department of Health.
(I) The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four by two inches in size, at each entrance to the building indicating that the place is smoke free or tobacco free.
(J) Responsibility for posting signs or decals shall be as follows:
(1) In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
(2) In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
(3) In publicly owned facilities, the manager and/or supervisor of the facility involved shall be responsible.
(Prior Code, § 4-14-1) (Ord. 737, passed 11-17-2009) Penalty, see § 97.99