668.01 Definitions.
668.02 Smoking in public places.
668.03 Smoking in places of employment.
668.04 Exceptions to chapter.
668.05 Designation of smoking areas.
668.06 Enforcement by Director of Public Safety.
668.07 Education; guidelines.
668.08 Cooperation by governmental agencies.
668.09 Interpretation of chapter.
668.10 Violations.
CROSS REFERENCES
Smoking prohibited by pupils on school property - see Ohio R.C. 3313.751
Smoking in places of public assembly - see Ohio R.C. 3791.031
Sale of cigarettes to minors - see GEN. OFF. 630.05
As used in this chapter:
(a) “Bar” means any establishment licensed by the Ohio Department 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. An establishment which would usually be defined as an “eating establishment” under subsection (b) hereof may, during certain periods (not including regular meal times) when the service of food is only incidental to the consumption of intoxicating beverages, be defined temporarily as a bar.
(b) “Eating establishment” means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain or other establishment (excluding a bar) where cooked or otherwise prepared food is sold to members of the general public for consumption on the premises.
(c) “Employee” means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit or as a volunteer.
(d) “Employer” means any person who employs the services of an individual person or any person in charge of a place of employment. “Employer” excludes building owners and managers in areas leased, rented or other wise controlled by tenants.
(e) “Enclosed indoor area” means closed in by a roof and walls on at least three sides with appropriate openings for ingress and egress.
(f) “Establishment” means any physical facility operated by a commercial enterprise, nonprofit entity, governmental agency or other person.
(g) “Grocery store” means any supermarket, convenience store and other retail food production and marketing establishment.
(h) “Health care facility” means laboratories associated with the rendition of health care treatment, hospitals, rest homes, nursing homes, doctors' offices, dentists' offices and other establishments involved in the provision of health care.
(i) “Members of the general public” means shoppers, customers, patrons, patients, students, clients and other similar invitees of any establishment, and excludes employees thereof, sales representatives, service repair persons and persons delivering goods, merchandise or services to such establishment.
(j) “Person” means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
(k) “Place of employment” means that portion of any enclosed, indoor area under the control of a public or private employer, which area is normally frequented by employees during the course of employment, but to which members of the general public are not normally invited, including, but not limited to, such areas in office workplaces, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
(l) “Polling place” means the entire room, hall, garage or other facility in which persons cast ballots in an election, but only during such time as election business is being conducted.
(m) “Proprietor” means the owner, manager, operator or other person in charge of a public place. “Proprietor” excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
(n) “Public place” means that portion of any enclosed, indoor area to which members of the general public are invited or in which members of the general public are permitted.
(o) “Retail tobacco store” means 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 retail store, such as a department store or discount store.
(p) “Service line” means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
(q) “Sign” means legible English lettering on a contrasting background to clearly indicate where smoking is permitted or not permitted and to provide related information. 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) may be used in or substituted for a sign indicating that smoking is prohibited. A sign shall be of sufficient size to be clearly legible to a person of normal vision throughout the area it is intended to mark.
(r) “Smoking material” means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
(s) “Working area” means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.
(Ord. 212-87. Passed 7-18-88.)
(a) Smoking Prohibited. Except as provided in Section 668.04, the possession of lighted smoking materials in any form is prohibited in any of the following enclosed public places, excluding portions to which members of the general public are not normally invited:
(1) Retail stores and retail service establishments, limited to grocery stores, specialty stores, department stores, pharmacies, automobile dealerships, showrooms, banks, professional offices, service stations, repair or maintenance stores, cleaners and laundromats;
(2) Vehicles of public transportation, including, but not limited to, trains, buses, courtesy vehicles, ferries and associated terminals;
(3) Enclosed theaters, auditoriums, concert halls, arenas and public meeting rooms, except the lobbies (listed in subsection (b) hereof) associated with such establishments;
(4) Health care facilities;
(5) Elevators, stairwells, escalators and hallways;
(6) Indoor service lines;
(7) Public restrooms;
(8) Courtrooms, jury waiting rooms and deliberation rooms;
(9) Gymnasiums, exercise rooms and health spas;
(10) Libraries and educational facilities;
(11) Places of exhibition, including, but not limited to, museums, aquariums and galleries; and
(12) Polling places.
(b) Smoking Prohibited Except in Designated Sections. Except as provided in Sections 668.04 and 668.05, the possession of lighted smoking materials in any form is prohibited in any enclosed public place not identified in subsection (a) hereof, excluding portions to which members of the general public are not normally invited, including, but not limited to:
(1) Eating establishments;
(2) Hotels and motels, including rooms rented to guests;
(3) Indoor places of entertainment and recreation, including, but not limited to, roller and ice skating rinks, dance halls, swimming pools and bingo halls;
(4) Enclosed shopping centers and malls, except retail stores and retail service establishments listed in subsection (a) hereof;
(5) Waiting areas and lobbies;
(6) Buildings and enclosed structures, or any portion thereof, owned, leased or operated by the City; and
(7) Any other enclosed indoor area used by members of the general public.
(c) Responsibilities of Proprietors. The proprietor of a place enumerated in subsection (a) or (b) hereof shall utilize his or her best efforts to ensure that the provisions of this subsection are met with regard to such place.
(1) Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every establishment where smoking is regulated by this chapter in such manner as to give adequate notice to members of the general public.
A. In grocery stores, signs indicating that smoking is prohibited shall be visible to people entering the store, to people at meat and produce counters and to people in all checkout lines.
B. In theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in associated lobbies. In the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
C. At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.
D. In eating establishments, a sign shall be posted at the entrance clearly stating that a no-smoking section is available, and individual table signs indicating that smoking is prohibited shall be placed on all tables in the no-smoking section of the dining area.
E. In hotels and motels, a sign indicating that no-smoking rooms are available shall be posted at the registration area.
F. Signs indicating that smoking is prohibited in elevators, stairwells, escalators and hallways shall be posted in elevators, in elevator lobbies on each floor and in stairwell and escalator entrances on each floor.
(2) Public seating. Where seating is provided for the public and a smoking area has been designated under Section 668.05, seating shall be arranged to provide a smoke-free area, a seat in a no-smoking area shall be provided for any person requesting such a seat, and, in the case of controlled seating, each patron shall be asked as to his or her preference.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited, except that an ashtray may be placed by the entrance of a no-smoking area, provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Smokers may be affirmatively directed to designated smoking areas and persons smoking in violation of this chapter may be requested to stop.
(5) Balancing rights. In any dispute arising under this chapter, the rights of the nonsmoker to clean air shall be given preference with consideration of the smoker.
(d) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Punishment shall be as provided in Section 698.02.
(Ord. 212-87. Passed 7-18-88.)
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