In addition to the prohibitions contained in Section 1870.02, the proprietor of a public place or place of employment shall comply with the following requirements:
(a) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this chapter. A sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark. All signs shall contain a telephone number for reporting violations.
(b) Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(c) All ashtrays and other receptacles used for disposing of smoking materials shall be removed from any area where smoking is prohibited by this chapter unless such ashtrays or receptacles are for ornamental purposes only and are displayed in such a manner so as to preclude their use as receptacles for the disposal of smoking materials.
(d) By June 1, 2005, every employer subject to the provisions of this chapter shall adopt, implement, make known, maintain and update to reflect any changes, a written smoking policy, which shall contain at a minimum the following requirements:
(1) The prohibition of smoking except in accordance with the provisions of this chapter, and a description of the smoking restrictions adopted or implemented.
(2) That (1) no person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter; and (2) the establishment of a procedure to provide for the adequate redress of any such adverse personnel action taken against an employee in retaliation for that employee's attempt to exercise his or her rights under this chapter with respect to the place of employment.
(e) Employers shall prominently post the smoking policy in the workplace, and shall, within three weeks of its adoption and any modification, disseminate the policy to all employees, and to new employees when hired.
(f) Employers shall supply a written copy of the smoking policy upon request to any employee or prospective employee.
(g) A copy of the smoking policy shall be provided to the Board of Health of the City of Newark upon request.
(h) This section shall not be construed to permit smoking in any area in which smoking is prohibited pursuant to Section 1870.02.
(Ord. 05-40. Passed 9-6-05.)
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