662.02  RESTRICTIONS ON SMOKING.
   (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.)