(A) General. Because the smoking of tobacco or any other weed or plant is a cause of material annoyance and discomfort to those who are present in confined places and is a danger to their health, the city declares that the purpose of this section is designed to protect the public health and welfare by regulating smoking within a vehicle, an enclosed facility or upon any premises owned by or leased to the city.
(`87 Code, § 12-2)
(B) Prohibition. It shall be unlawful for any person to smoke or carry any lighted cigarette, cigar or pipe within a vehicle, an enclosed facility or upon any premises owned by or leased to the city to which signs have been posted indicating that smoking is not permitted or allowed.
(`87 Code, § 12-3)
(C) Signs. Signs prohibiting smoking shall be posted at locations visible to the public, with letters of such size and color as to be clearly readable and placed upon the interior of a vehicle at the entrance(s) of each facility and/or upon the premises where smoking is prohibited.
(`87 Code, § 12-4)
(D) Designated employee smoking areas. The person in charge of a city-owned or leased facility may, but is not required to, designate one or more areas as smoking areas for the use of the employees as part of this smoking policy. A designated employee smoking area may include private enclosed offices and other areas of the workplace which are not accessible by members of the general public but may be occupied by members of the public at specific invitation. Designated employee smoking areas shall be located in administrative areas only. In no event shall an employee restroom or an area containing food or dispensing drink facilities be designated as an employee smoking area.
(`87 Code, § 12-5)
(E) Offense.
(1) A person commits an offense if in a facility or vehicle controlled by the city if he or she smokes and fails or refuses to extinguish smoking materials or move outside the building upon request by any person to do so.
(2) Any person convicted of violating this provision shall be guilty of a Class C misdemeanor, punishable by a fine of not less than $1.00, nor more than $1,000.00 as set by a judge or jury.
(`87 Code, § 12-6)
(F) Exceptions. Nothing herein shall preclude the designation of the following premises as non- smoking areas, but the restrictions contained herein shall not apply:
(1) To an individual participating in an authorized theatrical performance;
(2) In the course of a police interview with a witness, victim or suspect, it may be advantageous to allow that person to smoke for the purpose of relaxing. In such an event, the police officer conducting the interview may allow the individual to smoke in their office or work area during the interview only. This should not be construed as a method to circumvent the purpose of this section, but to allow the Police Department the freedom to conduct criminal investigations in the most efficient and practical means possible.
(`87 Code, § 12-7) (Am. Ord. 1994-1, passed 3-1-94)