For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) "Bar." Any establishment licensed by the Ohio Division of Liquor Control to sell intoxicating beverages for consumption on the premises and in which the service of food is only incidental to the consumption of such beverages.
(b) "Eating Establishments." Any restaurant, coffee shop, cafeteria, luncheonette, sandwich stand, soda fountain and any other establishment (excluding bars) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(c) "Educational facilities." Any public or private institution providing formal education including day care centers.
(d) "Employee." A person who is employed by an employer, or who contracts with an employer or who contracts with a third person to perform services for an employer, or who otherwise performs services for an employer, or who otherwise performs services for an employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services to such employer for no monetary compensation.
(e) "Employer." An individual person that accepts the provision of services from one or more employees.
(f) "Enclosed Area." All space of a building and/or vehicle closed in by a roof or other overhead covering of any kind and walls or other side coverings of any kind on at least three sides with appropriate openings for ingress and egress.
(g) "Establishment." Any physical facility operated by a commercial enterprise, nonprofit entity, government agency or any other person.
(h) "Health Care Facility." Any hospital, rest home, nursing home, doctors' or dentists' office, lab or other establishments involved in the provision of health care.
(i) "Lobbies and Waiting Areas." A hall, or waiting room at or near, but not limited to the entrance to a building, such as hotels, apartment houses or theaters.
(j) "No Smoking Sign." 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), which shall be used for signs indicating that smoking is prohibited. The no-smoking sign shall be of sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(k) "Person." Any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(l) "Place of Employment." An enclosed area under the control of a public or private employer that employees use for work or any other purpose during the course of employment, including but not limited to, private offices, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, employee gymnasiums, auditoriums, libraries, storage rooms, file rooms, mailrooms, employee medical facilities, rooms or areas containing photocopying or other office equipment used in common by employees, elevators, stairways, hallways, factories, warehouses, garages, laboratories, taxis, limousines, and company-owned vehicles used for a business purpose. An enclosed area as described herein is a "place of employment" without regard to time of day or actual presence of employees.
(m) "Proprietor." The owner, manager, operator, liquor permit holder, or other person in charge or control of a public place or place of employment.
(n) "Public." The general public is invited, permitted or has access to the site or event without regard to membership or association with a particular organization or group.
(o) "Public Place." An enclosed area to which the public is invited or in which the public is permitted and includes service lines.
(p) "Retail Tobacco Store." A retail store used primarily for the sale of smoking materials and smoking accessories and in which the sale of other products is incidental. "Retail tobacco store" does not include a tobacco department of a larger commercial establishment such as a department store or discount store. "Retail tobacco store" does not include any restaurant or any establishment with a liquor permit.
(q) "Smoking." Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other smoking equipment in any manner or in any form. "Smoking" does not include the burning or carrying of incense in a religious ceremony.
(r) "Smoking Materials." Any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(Ord. 22-2006. Passed 2-27-06.)
(a) City Buildings. Smoking or the possession of lighted smoking material in any building or portion thereof controlled by the City, or any vehicle owned, leased, or controlled by the City is hereby prohibited. This prohibition is applicable to the public at large and employees of the City except that a person may smoke in a City-owned, leased or controlled vehicle if the smoker is the only person occupying the vehicle.
(b) Places of Employment. Within 90 days of the effective date of this section, each employer of 25 or more employees shall adopt, implement, and maintain a written smoking policy pertaining to his or her place of employment, which addresses the needs of the smoker and nonsmoker alike. The policy shall designate both smoking and nonsmoking areas, which shall be communicated to all present as well as new incoming employees. Private employers with fewer than 25 employees are strongly encouraged to adopt, implement and maintain a written smoking/no-smoking policy addressing the needs of both the smoking and nonsmoking employees alike.
(c) Eating Establishments. Within 90 days of the effective date of this section, each eating establishment with a total of more than 50 seats shall designate an appropriate area of the total seats, or portion thereof, as a no-smoking area. Signage that designates smoking and nonsmoking areas is required.
(d) Public Places.
(1) Except as otherwise provided in this chapter, the possession and use of lighted smoking materials in any form is prohibited in any of the following public places:
A. Vehicles of public transportation including, but not limited to, trains, buses, limousines for hire, taxicabs and courtesy vehicles (except limousines for hire or taxicabs where the driver and all passengers affirmatively consent to smoking in such vehicles);
B. Enclosed theaters, auditoriums, concert halls, arenas and meeting rooms (except the lobbies associated with such establishments);
C. Health care facilities;
D. Elevators, stairwells, escalators and hallways;
E. Public restrooms;
F. Courtrooms, jury waiting rooms;
G. Gymnasiums, exercise rooms and health spas;
H. Libraries and educational facilities except in specific designated smoking permitted areas;
I. Places of exhibition including, but not limited to, museums, aquariums and galleries (except in lobbies).
(2) The proprietor in charge of a place listed above shall ensure that the provisions of this division (d) are met with regard to such places.
(e) Exemptions. Notwithstanding any other provisions of this chapter to the contrary, the following areas shall be exempt from the prohibitions in Section 662.02:
(1) Private residences, except if used as a licensed childcare, adult day care, or health care facility.
(2) Rooms for sleeping in hotels, motels and other lodging facilities designated as smoking rooms; provided, however, that not more than 20% of sleeping rooms rented to guests may be so designated.
(3) Retail tobacco stores in operation prior to the effective date of this chapter. Any new retail tobacco store or any existing retail tobacco store that relocates to another site may only qualify for this exemption if located in a freestanding structure.
(4) Private clubs as defined in Ohio R.C. 4301.01(B)(13).
(5) Bowling alleys and bingo halls.
(6) Any home, as defined in Ohio R.C. 3721.10(A).
(7) An eating establishment that seats fewer than 50 people, provided that a sign is posted at the entrance clearly stating that a "no smoking" section is not available.
(Ord. 22-2006. Passed 2-27-06.)
Notwithstanding any other provision of this chapter, the owner, manager, operator, liquor permit holder, or other person in charge or control of a public place or place of employment, or an establishment, facility, or outdoor area which does not otherwise qualify as a public place or place of employment may declare such establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a no-smoking sign is displayed.
(Ord. 22-2006. Passed 2-27-06.)
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