(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.)