(a) Ohio voters passed Issue 5 on November 7, 2006 creating Ohio’s indoor smoking ban under a new chapter of the Ohio Revised Code, effective December 7, 2006. This new law requires “public places” and “places of employment” prohibit smoking as of that date. These businesses and organizations must also post “No Smoking” signs that contain the telephone number 1-866-559-OHIO (6446) for reporting violations; and remove ashtrays and other smoking receptacles.
(b) “Smoking” means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted smoking devise for burning tobacco or any other plant. “Smoking” does not include the burning of incense in a religious ceremony.
(c) “Public place” means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence.
(d) “Place of employment” means an enclosed area under the direct or indirect control of an employer that the employer’s employees use for work or any other purpose, including but not limited to, offices, meeting rooms, sales, production and storage areas, restrooms, stairways, hallways, warehouses, garages, and vehicles. An enclosed area as described herein is a place of employment without regard to the time of day or the presence of employees.
(e) The City of Ironton adopts the following policy to comply with the Smoke Free Workplace Act effective December 7, 2006. The law bans all smoking in public places and places of employment. Since the purpose of the law is to more fully protect workers by prevention of the public health hazards of second hand smoke, the City of Ironton resolves to implement the following steps:
(1) The City of Ironton is to direct the posting of signs at all entrances to all buildings or other enclosed structures on City of Ironton owned grounds which state “No Smoking.” Further, each “No Smoking” sign shall contain the phone number (1-866-559-6446 - Ohio Department of Health) for reporting violations of this smoking ban.
(2) The City of Ironton’s current policy on a “Smoke Free Environment” is as follows: “There shall be no smoking in any enclosed structure of the City of Ironton property, nor within 25 feet of any building entrance or exit, windows, or ventilation air-intake.”
(3) A. Any individual who violates this policy will on the first occurrence be asked to leave their department or enclosure immediately. Failure to follow this directive for any employee will result in disciplinary action being taken for insubordination. Failure of the general public, any vendor, or other individual to leave when directed will result in a report being filed with the appropriate law enforcement authorities.
B. A second violation of this policy will result in more stringent disciplinary action, and could result in time off without pay, suspension or termination.
(Ord. 07-01, passed 2-8-2007)