(a) Definitions.
(1) “City” refers to the City of Olmsted Falls, Ohio.
(2) “Municipal Employee” means a person who is employed by the City of Olmsted Falls, Ohio, or who contracts wtih the City of Olmsted Falls, Ohio, or who otherwise performs services for the City of Olmsted Falls, Ohio in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services to the City of Olmsted Falls, Ohio for no monetary compensation.
(3) “Municipal Building” means all buildings owned by the City of Olmsted Falls, Ohio.
(4) “Municipal Vehicle” means any vehicle owned by the City.
(5) “Other tobacco products” means other products that are tobacco-related or tobacco themselves, inclusive of smokeless tobacco products such as chewing tobacco or snuff.
(6) “Smoking” means 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.
(7) “Smoking materials” means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(8) “Work area” means any room, desk, station or other area within a municipal building, normally occupied by a municipal employee while carrying out his or her primary work function within the City of Olmsted Falls, Ohio, with the exception of municipal vehicles.
(b) Prohibitions.
(1) The City of Olmsted Falls, Ohio shall prohibit smoking within any municipal building or work area.
(2) The City of Olmsted Falls, Ohio shall prohibit the open use of any smoking materials within an municipal building or work area.
(3) The City of Olmsted Falls, Ohio shall prohibit the use of any other tobacco products used through other means rather than smoking within any municipal building or work area.
(4) All areas within 10 feet immediately adjacent to the main ingress and egress of any municipal building shall be subject to the provisions of this section.
(5) This City of Olmsted Falls, Ohio shall prohibit smoking, the open use of any smoking materials and the use of any other tobacco products used through other means rather than smoking within any municipal vehicle.
(c) Areas Where Smoking is not Regulated by this Section. Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the prohibitions in subsection (b) hereof: Any buildings or structures located within a public park whose primary use is recreation such as pavilions, gazebos, or picnic structures.
(d) Posting of Signs, Prohibition of Ashtrays; Responsibilities of the City. In addition to the prohibitions contained in subsection (b) hereof, the City shall comply with the following requirements:
(1) “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 municipal building where smoking is prohibited by this section. A sign shall be sufficient size to be clearly legible to one of normal vision throughout the area it is intended to mark.
(2) Every municipal building by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(3) All ashtrays and other receptacles used for disposing of smoking materials shall be removed from any area where smoking is prohibited by this section, 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.
(4) Ashtray receptacles outside of any municipal building, within 10 feet immediately adjacent to the main ingress and egress of any municipal building are permitted.
(5) This section shall not be construed to permit smoking in any area in which smoking is prohibited pursuant to subsection (b) hereof.
(e) Enforcement. This section shall be enforced by the Olmsted Falls, Ohio Police Department.
(f) Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this section that can be given effect without the invalid provision or application, and to this end of the provisions of this section are declared to be severable.
(g) Penalties. Whoever violates any provision of this section is guilty of the offense of smoking in municipal buildings and shall be subject to the following penalties:
(1) For a first offense, a written warning.
(2) For a second offense, minor misdemeanor.
(3) For a third offense occurring not later than two years after the first offense, the Court shall impose upon the offender a fine of not less than $250.00.
(Ord. 70-2006.)