§ 3-4-5-1. SMOKING.

   (A)   As used in this code, SMOKE and SMOKING MATERIALS shall include the carrying of a lighted pipe, cigar, cigarette or tobacco in any form.

   (B)   No person shall smoke or carry a lighted match or lighter in the following places:

      (1)   Indoor public assembly occupancies;

      (2)   Educational occupancies;

      (3)   Institutional occupancies;

      (4)   Retail selling establishments; and

      (5)   Buildings, except residential occupancies, which contain explosives or combustibles materials, any of which thereby would be exposed to ignition, which the Fire Prevention Chief designates as a “no smoking area” because of the fire dangers which smoking could cause.

   (C)   No person shall smoke in any elevator.

   (D)   The owner or occupant shall post approved “no smoking” signs in each building, structure, room or place in which smoking is prohibited. Signs shall be conspicuously and suitably located and shall be maintained. However, this section does not apply to buildings or structures which are smoke-free environments and are posted as such at all public and employee entrances, and where no visible evidence of prohibited smoking exists within the building structure.

   (E)   No person shall remove any legally required “NO SMOKING” sign or smoke in any areas where such signs are posted.

(Ord. 5, 2005, passed 6-6-2005)