(a) Any taxicab company or a taxicab driver may elect to prohibit smoking in the company’s or driver’s taxicab while in service. Any taxicab designated as a nonsmoking taxicab shall display the international “no smoking” emblem characterized by a lit cigarette within a red circle with a red slash line drawn through the cigarette in the following locations:
(1) Inside the taxicab on the glove compartment so that it is visible to any person seated in the front passenger seat area and on the back of the front seat so that it is visible to any passenger seated in the rear seat of the taxicab; and
(2) Outside the taxicab below each of the passenger door handles or affixed to the upper part of the windows of each passenger door. Such exterior emblems may be a plastic decal, magnetic, or painted directly on the vehicle doors or windows. The no smoking emblem in the interior and on the exterior of taxicabs must be at least 3 inches in diameter.
(b) Notwithstanding § 36-1.4(c), the driver of a taxicab displaying the no smoking emblems required by subsection (a) may refuse to transport any person who refuses to comply with the ban on smoking in the taxicab.
(c) A taxicab driver or taxicab company may waive the no smoking prohibition in the company’s or driver’s taxicab.
(d) It is unlawful for any person to smoke in any taxicab designated as a nonsmoking taxicab pursuant to this section. Any person violating this subsection shall be punished by a fine of not more than $20 for each violation. Section 36-1.15 shall not apply to a violation of this subsection.
(e) Enforcement of subsection (d) shall be under the jurisdiction of the police department, which shall have the same authority with respect thereto to issue summonses or citations and to eject persons from taxicabs as is provided in subsections (a) and (d) of § 41-14.6.
(f) As used in this section, “smoke” or “smoking” has the same meaning as is defined in § 41-14.1.
(1990 Code, Ch. 12, Art. 1, § 12-1.26) (Added by Ord. 93-88)