(a) Definitions. As used in this section certain terms are defined as follows:
(1) “Smoking materials” means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(2) “Smoking” means the combustion of tobacco or tobacco products in any form, including cigarette tobacco, pipe tobacco, cigar tobacco and all other types and forms of tobacco products.
(3) “City property” means any enclosed area of any building, structure, vehicle or other enclosed space owned and operated by the City of Hubbard, wheresoever located within the City.
(4) “Sign” means legible, English lettering on a contrasting background to clearly indicate that smoking is not permitted and to provide related information. The International “NO SMOKING” symbol, consisting of a pictorial representation of a burning cigarette enclosed with a red circle with a red bar across it, may be used in, or substituted for a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(b) Restrictions on Smoking in Public Places. No person, including any member of the public or employee of the City, shall cause to occur the combustion of a tobacco product in any building, structure, vehicle, office, room or other enclosed area owned by the City.
(c) Exceptions. The following areas are specifically exempted from the restrictions on smoking in public places:
(1) That portion of any vehicle completely open to the atmosphere, but not including the cab or driver area of the same, and without regard to presence or absence of windows;
(2) The cab or driver area of any vehicle when occupied by not more than one person, where such person causes the combustion of a tobacco product; and
(3) Those areas specifically designated by the Service Director to be smoking areas, not to exceed one room per municipal building.
(d) Prohibitions as Condition of Employment; Exceptions. Any person employed by the City on and after the adoption of this chapter shall be required to refrain from smoking as prohibited herein, and such prohibition shall be a condition of further continuous employment with the City.
(e) Prohibition of Smoking at Public Meetings. No person, member of the public, invitee, employee or any other person shall cause to occur the combustion of a tobacco product during the continuance of any official meeting, in public or executive session, held pursuant to a directive of, or under the auspices of, the government of the City, and whether or not such official meeting is held upon property owned by the City or otherwise.
(f) Signs.
(1) Signs indicating that smoking is not permitted shall be clearly, sufficiently and conspicuously posted in every establishment where smoking is regulated by this chapter in such manner as to give adequate notice to members of the general public.
(2) Signs indicating that smoking is prohibited in elevators and stairwells shall be posted in elevators and stairwell entrances on each floor.
(g) Enforcement. Enforcement shall be implemented by the Service Director who shall:
(1) Establish a telephone number through which all complaints by citizens relating to violations of this chapter may be directed or referred; and
(2) Require, while an establishment is undergoing otherwise mandated inspections a “self-certification” from the manager or other person having control of such establishments that all requirements of this chapter have been complied with.
(h) Relation to Other Law. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by law, nor to relieve any proprietor, employer or other responsible party from any liability resulting from exposure to tobacco smoke.
(i) Violations.
(1) No person who manages or otherwise controls the use of any establishment subject to the restrictions of this chapter shall fail to comply with its provisions.
(2) No person shall smoke in any area restricted by the provisions of this chapter.
(j) Penalty.
(1) Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
(2) Each day on which a violation of any provision occurs is a separate and distinct offense and shall be punishable as such.
(Ord. 30-97. Passed 4-21-97.)