(a) As used in this section, "smoke" and "smoking" shall refer to the ignition, burning, inhaling or exhaling of tobacco or tobacco smoke, including smoke created by the burning of cigarettes, cigars and tobacco pipes.
(b) As used in this section, "place of public assembly" means:
(1) Enclosed theaters, except the lobby; opera houses; auditoriums; classrooms; elevators; rooms in which persons are confined as a matter of health care, including but not limited to a hospital room and a room in a rest home serving as the residence of a person living in such rest home;
(2) All buildings and other enclosed structures owned by the State,its agencies or political subdivisions, including but not limited to hospitals and State institutions for the mentally ill and persons with intellectual disabilities; university and college buildings, except rooms within those buildings used primarily as the residences of students or other persons affiliated with the university or college; office buildings; libraries; museums; and vehicles used in public transportation. That portion of a building or other enclosed structure that is owned by the State, a State agency or a political subdivision and that is used primarily as a food service establishment is not a place of public assembly.
(3) Each portion of a building or enclosed structure that is not included in subsection (a)(1) or (2) hereof is a place of public assembly if it has a seating capacity of fifty or more persons and is available to the public. Restaurants, food service establishments, dining rooms, cafes, cafeterias or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Department of Liquor Control to sell intoxicating beverages for consumption on the premises, are not places of public assembly.
(c) Restaurants, food service establishments, dining rooms, cafes, cafeterias or other rooms used primarily for the service of food, as well as bowling alleys and places licensed by the Department of Liquor Control to sell intoxicating beverages for consumption on the premises, are not "places of public assembly" as used in this section.
(d) Smoking of tobacco is prohibited at all times in any portion of the Municipal Building.
(1) "No smoking" signs, or the international symbols indicating the same, and any other signs necessary to comply with the provisions of this section shall be prominently and conspicuously posted at all major entrances to, and appropriate locations within, the Municipal Building.
(2) The Village Administrator shall promulgate rules and regulations, as appropriate, for the administration and enforcement of the prohibition of smoking in the Municipal Building as set forth in this section, including appropriate rules and regulations for the discipline of employees who smoke within the Village Municipal Building in violation of this section.
(e) For the purposes of separating persons who smoke from persons who do not smoke for the comfort and health of persons not smoking, in every place of public assembly there shall be an area where smoking is not permitted, which shall be designated a no smoking area. Provided that, no more than one-half of the rooms in any health care facility in which persons are confined as a matter of health care may be designated as smoking areas in their entirety. The designation shall be made before the place of public assembly is made available to the public. In places included in subsection (b)(1) hereof, the local fire authority having jurisdiction shall designate the no smoking area. In places included in subsection (b)(2) hereof that are owned by the Municipality, the Village Administrator shall designate the area. In places included in subsection (b)(3) hereof, the person having control of the operations of the place of public assembly shall designate the no smoking area. In places included in subsection (b)(2) hereof which are also included in subsection (b)(1) hereof, the Village Administrator shall designate the no smoking area. A no smoking area may include the entire place of public assembly. Designations shall be made by the placement of signs that are clearly visible and that state “NO SMOKING”. No person shall remove signs from areas designated as no smoking areas.
(f) No person shall smoke in any area restricted by the provisions of this section or Ohio R.C. 3791.031.
(g) Any person or organization who violates this section is guilty of a minor misdemeanor.
(Ord. 92-133. Passed 7-15-92.)
(Ord. 92-133. Passed 7-15-92.)