523.01 Definitions.
523.02 Restrictions on smoking in public places.
523.03 Restrictions on smoking in places of employment.
523.04 Exemptions.
523.05 Designation of smoking areas.
523.06 Education.
523.07 Governmental and educational agency cooperation.
523.08 Interpretation of chapter.
523.09 Enforcement.
523.10 Violations.
523.99 Penalty.
CROSS REFERENCES
Smoke abatement - see Ohio R.C. 715.44
Powers of State Director of Environmental Protection - see Ohio R.C. 3704.03
No smoking areas - see Ohio R.C. 3791.031
Noxious odors - see GEN. OFF. 521.09
Smoke emissions regulations - see BUS. REG. Ch. 761
As used in this chapter
(a) "Bar" means any establishment licensed by the Ohio Department of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages. An establishment which would usually be defined as an "eating establishment" under division (b) of this section may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a "bar."
(b) "Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain or any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(c) "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
(d) "Employer" means any person who employs the services of an individual person or any person in charge of a place of employment. Such term excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(e) "Enclosed indoor area" means an area closed in by a roof and walls on at least three sides with appropriate openings for ingress and egress.
(f) "Establishment" means any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(g) "Grocery store" means any supermarket, convenience store or other retail food production and marketing establishment.
(h) "Health-care facility" means any laboratory associated with the rendition of health care treatment, any hospital, rest home, nursing home, doctors' office, dentists' office or other establishment involved in the provision of health care.
(i) "Members of the general public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of any establishment, but excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to such establishment.
(j) "Person" means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(k) "Place of employment" means that portion of an enclosed, indoor area under the control of a public or private employer, which portion employees normally frequent during the course of employment but to which members of the general public are not normally invited, including, but not limited to, such areas in office workplaces, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
(l) "Polling place" means the entire room, hall, garage or other facility in which persons cast ballots in an election, but only during such time as election business is being conducted.
(m) "Proprietor" means the owner, manager, operator or other person in charge of a public place. "Proprietor" excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(n) "Public place" means that portion of an enclosed, indoor area to which members of the general public are invited or in which members of the general public are permitted.
(o) "Retail tobacco store" means a retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a larger retail store such as a department or discount store.
(p) "Service line" means an indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such services involve the exchange of money.
(q) "Sign" means legible, English lettering on a contrasting background to clearly indicate where smoking is or is not permitted and to provide related information. The international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in 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 a person of normal vision throughout the area it is intended to mark.
(r) "Smoking material" means a cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(s) "Electronic smoking device" means any device that can be used to deliver aerosolized or vaporized nicotine or any other substance to the person inhaling from the device including an electronic cigarette, electronic cigar, electronic hookah, vaping pen, or electronic pipe. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device. "Electronic smoking device" does not include any product that is a drug, device, or combination product, as those terms are defined or described in 21 U.S.C. 321 and 353(g).
(t) "Work area" means a room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.
(Ord. 57-87. Passed 9-8-1987; Ord. 23-2022. Passed 9- 19-22.)
(a) Smoking Prohibited. Except as provided in Section 523.04, no person shall possess lighted smoking materials in any form in any of the following enclosed public places, excluding portions to which members of the general public are not normally invited:
(1) Retail stores and retail service establishments, including, but not limited to, grocery stores, specialty stores, department stores, pharmacies, automobile dealerships, showrooms, banks, professional offices, service stations, repair or maintenance stores, and cleaners and laundromats;
(2) Vehicles of public transportation, including, but not limited to, trains, buses, courtesy vehicles, ferries and associated terminals;
(3) Halls, arenas and public meeting rooms, except the lobbies associated with such establishments;
(4) Health-care facilities;
(5) Elevators, stairwells, escalators and hallways;
(6) Indoor service lines;
(7) Public restrooms;
(8) Courtrooms and jury waiting rooms and deliberation rooms;
(9) Gymnasiums, exercise rooms and health spas;
(10) Libraries and educational facilities;
(11) Places of exhibition, including, but not limited to, museums, aquariums and galleries;
(12) Polling places; and
(13) Food preparation and utensil washing areas in eating establishments.
(b) Smoking Prohibited Except in Designated Sections. Smoking Prohibited Except in Designated Sections. Except as provided in Sections 523.04 and 523.06, no person shall possess lighted smoking materials in any form in any enclosed public place not identified in subsection (a) hereof, excluding portions to which members of the general public are not normally invited, including, but not limited to:
(1) Eating establishments;
(2) Hotels and motels, including rooms rented to guests;
(3) Indoor places of entertainment and recreation, including, but not limited to, bowling alleys, roller and ice skating rinks, dance halls, swimming pools and bingo halls;
(4) Enclosed shopping centers and malls, except retail stores and retail service establishments;
(5) Waiting areas and lobbies;
(6) Buildings and enclosed structures or any portion thereof owned, leased or operated by the City; and
(7) Any other enclosed indoor area used by members of the general public.
(c) Responsibility of Proprietors. The proprietor of a place listed in subsections (a) and (b) hereof shall utilize his or her best efforts to ensure compliance with this section in regard to such place, as follows:
(1) Signs. Signs indicating whether or not smoking is 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.
A. In grocery stores, signs indicating that smoking is prohibited shall be visible to people entering the store, people at meat and produce counters and people in all checkout lines.
B. In theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in associated lobbies. In the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
C. At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.
D. In eating establishments, a sign shall be posted at the entrance clearly stating that a no-smoking section is available, and individual table signs shall be placed on all tables in the no smoking section of the dining area.
E. In hotels and motels, a sign indicating that no-smoking rooms are available shall be posted at the registration area.
F. Signs indicating that smoking is prohibited in elevators, stairwells, escalators and hallways shall be posted in elevators, elevator lobbies on each floor, and stairwell and escalator entrances on each floor.
(2) Public seating. Where seating is provided for the public and a smoking area has been designated under Section 523.05, seating shall be arranged to provide a smokefree area. A seat in a no-smoking area shall be provided for all persons requesting such a seat, and in the case of controlled seating, each patron shall be asked his or her preference.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, except that an ashtray may be placed by the entrance of a no- smoking area, provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Smokers may be affirmatively directed to designated smoking areas and any person smoking in violation of this chapter may be requested to stop.
(5) Resolution of disputes. In any dispute arising under this chapter, the rights of the nonsmoker shall be given preference over the smoker's desire to smoke.
(d) Penalty. Whoever violates or fails to comply with this section is guilty of a minor misdemeanor for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (Ord. 67-87. Passed 9-8-1987.)
(a) Employee Work Areas. Any employee in a place of employment shall have the right to designate his or her stationary work area as a no-smoking area. If, due to the proximity of smokers, size of the work area, poor ventilation or other factors, such designation does not reduce the effects of smoke to the satisfaction of the employee, the employer shall make additional accommodation by reassigning the employee to a different work area, expanding the size of the work area subject to the prohibition against smoking or implementing other measures reasonably designed to minimize or eliminate the effects of smoke on the employee.
(b) Smoking Prohibited. Except as provided in Section 523.04, no person shall possess lighted smoking materials in any form in any of the following areas:
(1) Elevators, stairwells, escalators and hallways;
(2) Indoor service lines;
(3) Employee restrooms;
(4) Vehicles used to transport employees in the scope of their employment;
(5) Conference rooms, meeting rooms, classrooms and auditoriums; and
(6) Medical facilities.
(1) Cafeterias, lunchrooms and employee lounges;
(2) Waiting areas and lobbies; and
(3) Any other enclosed indoor area used by employees.
(d) Responsibility of Employers. The employer in a place provided for in subsection (a), (b) or (c) hereof shall utilize his or her best efforts to ensure that the provisions of this section are met with regard to such place.
(1) Smoking policy. Each employer of ten or more employees shall adopt, implement and maintain a written smoking policy which contains, at a minimum, the restrictions in subsections (a) through (c) hereof, the rights and-responsibilities of employees, and the actions that will be taken to ensure that the policy is effective. The policy shall be communicated to all employees within three weeks of its adoption and at least yearly thereafter. All employers shall supply a written copy of the smoking policy to any prospective employee who so requests, and to all new employees within one week of commencing their employment.
(2) Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every establishment managed by the employer and regulated by this chapter in such manner as to give adequate notice to employees. The employer shall provide signs indicating that smoking is prohibited to any employee requesting such signs for the purpose of identifying his or her work area as a no-smoking area. Signs indicating that smoking is prohibited in elevators, stairwells, escalators and hallways shall be posted in elevators, elevator lobbies on each floor, and stairwell and escalator entrances on each floor.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, except that an ashtray may be placed by the entrance of a no- smoking area, provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Persons smoking in violation of the employer's smoking policy or this chapter shall be requested to stop.
(5) Resolution of disputes. In any dispute arising under the employer's smoking policy or this chapter, the rights of the nonsmoker shall be given preference over the smoker's desire to smoke.
(6) Nondiscrimination. No employer shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises, on behalf of himself, herself or others, any right afforded him or her by the employer's smoking policy or by this chapter.
(e) Penalty. Whoever violates or fails to comply with this section is guilty of a minor misdemeanor for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. (Ord. 57-87. Passed 9-8-87.)
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