CHAPTER 4
SMOKING IN PUBLIC PLACES
SMOKING IN PUBLIC PLACES
SECTION:
4-4-1: Definitions
4-4-2: Prohibition Of Smoking In Public Places
4-4-3: Prohibition Of Smoking In Places Of Employment
4-4-4: Prohibition Of Smoking In Outdoor Areas
4-4-5: Declaration Of Establishment As Smoking
4-4-6: Declaration Of Establishment As Nonsmoking
4-4-7: Where Smoking Not Regulated
4-4-8: Other Applicable Restrictions
4-4-9: Retaliation Prohibited
4-4-10: Notice Not Required
4-4-11: Penalties
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BUSINESS: Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
EMPLOYEE: Any person who is employed by an employer in consideration for direct or indirect monetary wages, experience or profit, and a person who volunteers his or her services for a nonprofit or business entity.
EMPLOYER: A person, business, partnership, association, corporation, including a Municipal corporation or other political subdivision of the State, trust, or nonprofit entity that employs the services of one or more individual persons.
ENCLOSED AREA: All space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
FIRE DEPARTMENT: The Uinta County Fire Protection and Emergency Services Joint Powers Board.
HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists with these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards with healthcare facilities.
OUTDOOR PATIO: An outdoor area, open to the air at all times, that either: a) is enclosed by a roof or other overhead covering and not more than two (2) walls or other side coverings; or b) has no roof or other overhead covering at all regardless of the number of walls or other side coverings.
PERFORMANCE HALL: Any area or facility that is primarily used for the exhibition of any motion picture, stage, drama, lecture, musical recital or other similar performances, including, but not limited to, concert halls and theaters.
PLACE OF EMPLOYMENT: An area under the control of a public or private employer which is intended for occupancy by employees during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, waiting areas, offices, stairways, and hallways. A private residence is not a "place of employment" unless it is used as a licensed childcare, licensed adult daycare, or healthcare facility, or any other aforementioned business.
PRIVATE CLUB: Those organizations or entities defined as a "club" in Wyoming Statutes section 12-1-101(a)(iii) or successor statute if amended or replaced, which are not open to the public.
PUBLIC PLACE: An enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, and other financial institutions, publicly funded buildings, public conveyances, recreational facilities, bars, educational facilities, healthcare facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments including grocery stores, supermarket and stores where food items are sold for on premises or off premises consumption, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is used as a licensed childcare, licensed adult daycare, or healthcare facility.
PUBLIC TRANSPORTATION: A vehicle used in mass public transportation or in the transportation of the public, including a train, passenger bus, school bus or other vehicle used to transport pupils, and taxi; or a vehicle that is owned by, or operated by a business and is open to the public or intended for exclusive use by employees to travel to and from a place of employment, including tour vehicles, passenger buses or vans regularly used to transport customers. Notwithstanding the foregoing, a private vehicle not open to the public or not used for the transportation of the public or employees during the times of use, including a private passenger vehicle, a private charter or rental of a limousine, bus or van, shall not be considered public transportation.
RESTAURANT: An eating establishment, including, but not limited to, coffee shops, cafeterias, and public and private school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises and served elsewhere. The term "restaurant" shall include a bar area within the restaurant.
RETAIL SALES: Establishments engaged in the sale of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. A retail sales establishment is usually a place of business and is engaged in activity to attract the general public to make purchases.
SHOPPING MALL: An enclosed public walkway or hall area that serves to connect retail or professional establishments.
SMOKE OR SMOKING: The inhaling, exhaling, burning or carrying of any lighted tobacco product, weed, plant or other combustible product in a smoking instrument or the placement of smoking instrument containing a lighted tobacco product, weed, plant or other combustible product in an ashtray or other receptacle and allowing smoke to diffuse into the air, as well as the use of personal vaporizers, e-cigarettes, vaping liquid, e-liquid, e-juice and/or other devices or products creating vapor and/or aerosol for recreational inhalation. This definition does not include incense unless that incense product consists of or includes tobacco or other controlled substance.
SMOKING INSTRUMENT: Any cigar, cigarette, pipe, hookah or water pipe, personal vaporizer, e-cigarette or any other device used or intended to be used to aid in the consumption, inhalation or ingestion of a lighted tobacco product, weed, plant or other combustible product or aerosol or vapor for recreational purposes.
SPORTS ARENA: Sports pavilions, stadiums, health clubs, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
TAVERN, LOUNGE OR BAR: An establishment whose primary source of income derives from the sale or consumption of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
YOUTH: Any person who has not attained twenty-one (21) years of age. (Ord. 2011-04, 4-21-2011; amd. Ord. 2018-02, 4-5-2018; Ord. 2020-05, 8-20-2020)
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