(A) Generally. Except as specifically provided in the smoking in public places and indoor workplaces act, no person shall smoke in a public place, in an indoor workplace, in any vehicle providing public transportation, at a meeting of a public body, in a nursing facility licensed pursuant to the nursing home care act, or in a childcare facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act, being 10 O.S. § 401-410. A nursing facility licensed pursuant to the nursing home care act may designate smoking rooms for residents and their guests. Such rooms shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.
(B) Educational facilities.
(1) Except as otherwise provided, an educational facility which offers an early childhood education program or in which children in grades kindergarten through 12 are educated shall prohibit smoking, the use of snuff chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons including, but not limited to, full time, part time, and contract employees, during the hours of 7:00 a.m. to 4:00 p.m., during the school sessions, or when class or any program established for students is in session.
(2) Career and technology centers may designate smoking areas outside of buildings, away from general traffic areas and completely out of sight of children under 18 years of age, for use by adults attending training courses, sessions, meetings or seminars.
(3) An educational facility may designate smoking areas outside the building for the use of adults during certain activities or functions, including, but not limited to, athletic contests.
(C) Educational facilities; more restrictive policy. Nothing in this section shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the building or on the grounds of the facility.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INDOOR AREA. Any enclosed area on municipal property used or visited by employees or the public, at all times, regardless of whether work is being performed. INDOOR AREA includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, and any other spaces used or visited by employees, as well as 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.
MUNICIPAL PROPERTY. All buildings, indoor areas, and outdoor areas, including but not limited to recreational areas, and other property, or portions thereof, owned or operated by the city including, but not limited to, vehicles and equipment owned by the municipality.
OUTDOOR AREA. Any area that is not an indoor area, and includes outdoor recreational areas.
SMOKING. The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device.
TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption, but does not include any product approved by the United States Food and Drug Administration for sale as a tobacco cessation product.
VAPOR PRODUCT. Any noncombustible product that may or may not contain nicotine that employs a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. VAPOR PRODUCT shall include any vapor cartridge or other container with or without nicotine or other form that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of a solution, that may or may not contain nicotine, that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, or electronic device.
(E) Prohibited conduct.
(1) Smoking tobacco products is prohibited in all places in which smoking tobacco products is prohibited by state law.
(2) Using tobacco products and vapor products is prohibited on all municipal property, indoor and outdoor, including parks and recreational areas.
(3) Nothing in this chapter prohibits any person or entity from prohibiting the use of tobacco products or vapor products on their property, even if the use of tobacco products or vapor products is not otherwise prohibited in that area.
(4) No person or entity shall knowingly permit the use of tobacco products or vapor products in an area that is under the control of that person or entity and in which the use of tobacco products or vapor products is prohibited by law.
(5) (a) No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law.
(b) However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any provision of this chapter.
(6) No person shall dispose of tobacco product or vapor product waste within an area in which the use of tobacco products or vapor products is prohibited.
(7) No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this chapter.
(Prior Code, § 4-14-2) (Ord. 737, passed 11-17-2009; Ord. 858, passed 9-10-2017) Penalty, see § 97.99