(A) Smoking is prohibited in all enclosed public places within the city, including, but not necessarily limited to, the following places:
(1) Bars;
(2) Bowling alleys;
(3) Buses, taxicabs and other means of public transit operated or licensed by the city. Smoking may be allowed in waiting areas of public transit terminals in designated areas. In such facilities 75% of the facility will be designated as smoke-free. The prohibitions contained in this section shall be applicable to depots and other terminals utilized by members of the general public for the purpose of being transported upon or departing from airlines, trains, buses, and taxis;
(4) Day care facilities, including private residences during the time when such residences are operated as licensed or unlicensed day care facilities for children or the elderly;
(5) Doctors’ offices, dentists’ offices, waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, and physical therapy facilities. In bed-space areas of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility’s admission forms to be placed in a room where smoking is permitted;
(6) Elevators;
(7) Hospitals, rest and convalescent homes, medical clinics, physical therapy facilities, and other places where medical, dental, psychiatric, or counseling services are delivered to members of the general public. Operators of facilities treating psychiatric or chemically impaired patients may permit smoking by patients in designated areas provided the medical director of such facility has determined in writing that the practice is beneficial for the recovery or treatment of such patients and that the practice will not interfere with the recovery and treatment of non-smoking patients, and provided that adequate non-smoking areas are made available for non-smoking patients. This section shall not be construed to prevent smoking in locations or otherwise under conditions in which smoking is expressly authorized by, or under statutes or administrative regulations applicable to, such licensed facilities;
(8) Polling places;
(9) Recreational facilities;
(10) Recreational areas;
(11) Restaurants;
(12) Restrooms;
(13) Retail stores;
(14) Retail food marketing establishments, including grocery stores and supermarkets;
(15) Schools or educational institutions operated by a commercial enterprise, public agency, or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer, or other technical training, or instruction in dancing, artistic, musical, or other cultural skills;
(16) Service lines;
(17) Theaters, including motion picture theaters, meeting halls and auditoriums where motion pictures or live theatrical musical or dramatic productions are made to an audience consisting of members of the general public assembled for the purpose of witnessing the performance or presentation, provided, however, that this section shall not be construed to prevent smoking by performers in connection with a stage production or by persons making a presentation concerning addiction to tobacco and other drugs;
(18) All areas available to, and customarily used by, the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels, and motels;
(19) Any building not open to the sky which is used primarily as a museum or for exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance, except when smoking is part of any such production;
(20) Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city.
(B) Smoking is prohibited in all unenclosed public places within the city, including, but not necessarily limited to, the following places:
(1) Outdoor dining areas;
(2) Recreational areas.
(C) Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a non-smoking establishment.
(‘61 Code, § 5-7.03) (Ord. 590, C.S., passed 6-16-93; Am. Ord. 962 C.S., passed 5-15-19)