(A) City-owned buildings.
(1) All enclosed buildings owned or leased by the City of Mansfield shall be designated non- smoking with no designated smoking section, except as listed in division (A)(2) below.
(2) Jail cells located in city facilities used for the incarceration of prisoners may be designated as a smoking area at the discretion of the Director of Public Safety. All other areas shall be designated as non-smoking areas.
(B) Places where smoking is prohibited. A person commits an offense if he or she is smoking or possesses a burning tobacco, weed, or other plant product in any of the following indoor or enclosed areas:
(1) Public or private schools.
(2) City buildings.
(3) Public elevators and stairwells.
(4) Buses, taxi cabs, and other means of public transportation.
(5) All boarding and waiting areas of public transit depots.
(6) Public restrooms, lobbies, reception areas, hallways and any other common use area.
(7) Service lines and waiting queues, whether indoor or outdoor.
(8) Retail or service establishments.
(9) Businesses, including all areas available to and customarily used by the general public.
(10) Aquariums, galleries, libraries, and museums.
(11) Day care centers, except that day care centers that are also private homes shall be considered private residences when the children or adults receiving care have gone home.
(12) Every publicly or privately owned theater, auditorium or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event or any other performance or event, except when smoking is part of a stage production.
(13) Any portion of any publicly or privately owned area to which the public has access. This division (B)(13) section does not apply to private residences.
(14) Any seating area of any publicly or privately owned outdoor athletic facility.
(15) Health care facilities and hospitals.
(16) Hotels and motels, except as provided for in § 92.24(A)(2).
(17) Any seating area of any publicly or privately owned outdoor theater or amphitheater.
(18) City parks and recreational facilities.
(19) Within 30 feet of any door, operable window/vent or other opening to an indoor enclosed area of a use listed above.
(C) Exceptions.
(1) An adults only establishment as defined in § 92.20 is exempt from the non-smoking provisions set forth above under the following circumstances:
(a) It must prohibit the entry of customers below the age of 18;
(b) It may have no employees or guests below the age of 18;
(c) It must prominently display a sign by all public entrances reflecting that this is an adults only establishment and that no one under 18 years of age is permitted within the establishment and that it permits smoking in all areas and that there are no non-smoking facilities contained within.
(2) A business establishment listed above under division (B) where smoking would otherwise be prohibited may construct a separate but contiguous facility of the same business where smoking is permitted. The facility must be separated from the non-smoking facility by a solid wall which extends from floor to ceiling, must have a separate entrance and must not share a common heating and air conditioning system which allows the passage of air from one facility to the other. It may have no employees or guests below the age of 18. The smoking portion of the business must display a sign at all public entrances reflecting that this is an adults only establishment and that no one under 18 years of age is permitted within the establishment and that smoking is permitted in all areas and that there are no non- smoking facilities contained within. A business establishment operating pursuant to this section may serve both the smoking and non-smoking dining areas from a single kitchen provided that the facility is designed and constructed in a manner that does not permit smoke from the smoking portion to pass through the kitchen to the non-smoking area. An establishment operating under this section may serve both the smoking and non-smoking areas from a single set of restrooms provided that they are located within the non-smoking portion of the establishment and the facility is designed and constructed in such a manner as to prevent smoke from the smoking area being drawn into the non-smoking area when patrons pass from one portion of the establishment to the other.
(3) It is an exception to division (B)(15) above that a hospital provide a room in which a patient may reside and smoke providing that all patients assigned to that room are agreeable and the administrator of the facility concurs with the designation. A room placed in this status shall prominently display a sign which states: "Smoking is permitted in this room."
(4) A person is exempt from the non-smoking provisions set fort above if the use of an electronic vaping device is at the direction or under a prescription issued by a licensed physician authorized to prescribe such devices for the treatment of medical conditions.
(5) A city park and/or public recreational facility that is operated by the governmental unit or that is leased to or operated by an outside private entity via a contract or agreement with the governmental entity may choose to designate an unenclosed area within the facility as a permitted smoking location. The area shall not be enclosed, not located within 30 feet of a playground or seating area, not located within 30 feet of a door, operable window/vent or other opening to an enclosed area and not a part of an athletic field or dugout. The operator or manager of the facility may choose to prohibit smoking at the facility at the discretion of the operator or manager. It shall be the duty of the operator or manager to either clearly mark the designated smoking area or to provide notice that smoking will not be permitted on the entire premises.
(D) Defenses. It is a defense to prosecution under this section that the conveyance or public place within which the offense occurred did not have prominently displayed a reasonably sized notice that smoking was prohibited.
(‘78 Code, § 9-82) (Ord. 741, passed 5-19-87; Am. Ord. 1309, passed 4-10-00; Am. Ord. OR-1737, passed 2-9-09; Am. Ord. OR-1910-14, passed 4-29-14)