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CHAPTER 619
Clean Indoor Air
619.01   Short title.
619.02   Findings; intent.
619.03   Definitions.
619.04   Smoking in public places.
619.05   Smoking in places of employment.
619.06   Exceptions to chapter.
619.07   Designation of smoking areas.
619.08   Violations.
619.09   Enforcement by Fire Department.
619.10   Education.
619.11   Cooperation by governmental and educational agencies.
619.12   Interpretation of chapter.
   CROSS REFERENCES
   Smoking on school property - see Ohio R. C. 3313. 751
   Smoking in places of public assembly - see Ohio R.C. 3791.031
   Air pollution - see GEN. OFF. 660.17
619.01   SHORT TITLE.
   This chapter may be cited as the Parma Heights Clean Indoor Air Ordinance.
(Ord. 1987-28. Passed 8-10-87.)
619.02   FINDINGS; INTENT.
   (a)   Council finds that tobacco smoke is a major contributor to indoor air pollution and that smoking in enclosed areas is detrimental to the health, welfare, comfort and environment of nonsmokers; that exposure to secondhand smoke is acutely harmful to nonsmokers with cardiovascular or respiratory disease; that the United States Surgeon General has determined that involuntary smoking is a cause of disease, including lung cancer, in healthy nonsmokers; that smoking in certain enclosed areas is a public nuisance and a cause of material annoyance, discomfort and physical irritation to nonsmokers; that nonsmokers who suffer ill effects of breathing secondhand smoke may experience a loss of job productivity and may be prevented from using commercial establishments and other public places; that smoking is a major cause of fires, as well as burns and ash stains on merchandise and fixtures that cause losses to businesses in the City; that courtesy and voluntary smoking restrictions are not sufficient in all cases to adequately resolve concerns relating to secondhand smoke; and that nonsmokers presently have no adequate means to protect themselves from the damage inflicted upon them when they involuntarily inhale smoke emitted from cigarettes, cigars, pipes and other smoking materials.
   (b)   Council intends that the restrictions and limitations of this chapter be viewed as minimum standards and should not be construed as limiting in any way the authority of the persons in charge of public places or places of employment from entirely prohibiting smoking within their establishments or any part thereof. It is not the intent of Council to prohibit smoking or the sale of tobacco products, but rather to affirm the right of nonsmokers to breathe clean air.
(Ord. 1987-28. Passed 8-10-87.)
619.03   DEFINITIONS.
   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.
   (b)   “Eating establishment” means any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain or other establishment (excluding bars) 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 of 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. Such term excludes building owners and managers in areas leased, rented or otherwise 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, government agency or any other person.
   (g)   “Grocery store” means any supermarket, convenience store or other retail food production and marketing establishment.
   (h)   “Health care facility” means a laboratory associated with the rendition of health care treatment or any hospital, rest home, nursing home, doctor's office, dentist's office of other establishment involved in the provision of health care.
   (i)   “Indoor places of entertainment and recreation” means enclosed indoor areas used for play, amusement, diversion, relaxation or social activities, including but not limited to bowling alleys, roller and ice skating rinks, dance halls, swimming pools and bingo halls.
   (j)   “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.
   (k)   “Person” means any individual, firm, partnership, association, corporation, company, organization or legal entity of any kind.
   (l)   “Place of employment” means that portion of any enclosed, indoor area under the control of a public or private employer, which area employees normally frequent 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 work places, factories, warehouses and laboratories. The dining area of an eating establishment is not a place of employment.
   (m)   “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.
   (n)   “Proprietor” means the owner, manager, operator or other person in charge of a public place. Such term excludes building owners and managers in areas leased, rented or otherwise controlled by tenants.
   (o)   “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.
   (p)   “Retail stores and service establishments” means establishments that sell goods or services directly to members of the general public, including but not limited to grocery stores, specialty stores, department stores, pharmacies, automobile dealerships, showrooms, banks, professional offices, service stations, repair or maintenance stores, barber or beauty shops, cleaners and laundromats.
   (q)   “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 a discount store.
   (r)   “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.
   (s)   “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 on, 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.
   (t)   “Smoking material means any cigar, cigarette, pipe, weed, plant or other smoking equipment in any form.
   (u)   “Vehicles of public transportation” means trains, buses, trolleys, limousines for hire, taxicabs, courtesy vehicles, ferries and similar conveyances, as well as their associated terminals.
   (v)   “Work area” means any room, desk, station or other area normally occupied by an employee while carrying out his or her primary work functions.
(Ord. 1987-28. Passed 8-10-87.)
619.04   SMOKING IN PUBLIC PLACES.
   (a)   Smoking Prohibited. Except as provided in Section 619.06, the possession of lighted smoking materials in any form is prohibited in any of the following public places, excluding portions to which members of the general public are not normally invited:
      (1)   Retail stores and service establishments;
      (2)   Vehicles of public transportation;
      (3)   Enclosed theaters, auditoriums, concert halls, arenas and public meeting rooms, except portions of the lobby associated with such establishments if a smoking area is designated therein pursuant to subsection (b) hereof;
      (4)   Elevators, elevator lobbies, stairwells, escalators and hallways;
      (5)   Indoor service lines;
      (6)   Public restrooms;
      (7)   Courtrooms, jury waiting rooms and deliberations rooms;
      (8)   Educational facilities;
      (9)   Polling places;
      (10)   Health care facilities;
      (11)   Gymnasiums, exercise rooms and health spas;
      (12)   Libraries;
      (13)   Places of exhibition, including, but not limited to, museums, aquariums and galleries;
      (14)   Areas of food preparation; and
      (15)   City parks, as set forth in Section 961.09 of the Codified Ordinances of the City of Parma Heights.
   (b)   Smoking Prohibited Except in Designated Section. Except as provided in Sections 619.06 and 619.07, the possession of lighted smoking materials in any form is prohibited in any public place or portion thereof not identified in division (a) of this section, 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;
      (4)   Enclosed shopping centers and malls, except retail stores and service establishments therein listed in division (a)(1) of this section;
      (5)   Waiting areas and lobbies, except elevator lobbies listed in division (a)(1) and (7) through (13) of this section;
      (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 set forth in division (a) or (b) of this section shall utilize his or her best efforts to ensure that the following provisions 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 room, building or other place where smoking is regulated by this chapter, and as follows:
         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 an eating establishment, 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 room.
         E.   In hotels and motels, signs indicating that no-smoking rooms are available shall be posted at registration areas.
         F.   Signs indicating that smoking is prohibited in elevators, elevator lobbies, 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 619.07, seating shall be arranged to provide a contiguous no-smoking area of sufficient size to meet customer demand. A seat in a no-smoking area shall be provided for each person requesting such a seat, and, in the case of controlled seating, each customer shall be asked as to his or her preference for smoking or no-smoking seating.
      (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 shall be affirmatively directed to designated smoking areas and persons smoking in violation of this chapter shall be requested to stop.
      (5)   Resolution of disputes. In any dispute arising under this chapter, the rights of the nonsmoker shall be given preference over consideration of the smoker.
(Ord. 1987-28. Passed 8-10-87; Ord. 2012-21. Passed 6-11-12.)
619.05   SMOKING IN PLACES OF EMPLOYMENT.
   (a)   Smoking Prohibited. Except as provided in Section 619.06, the possession of lighted smoking materials in any form is prohibited in any of the following areas within a place of employment:
      (1)   Employee stationary work areas;
      (2)   Elevators, elevator lobbies, stairwells, escalators and hallways;
      (3)   Indoor service lines;
      (4)   Employee restrooms;
      (5)   Vehicles used to transport employees in the scope of their employment;
      (6)   Conference rooms, meeting rooms, classrooms and auditoriums; and
      (7)   Medical facilities.
   (b)   Smoking Prohibited Except in Designated Sections. Except as provided in Sections 619.06 and 619.07, the possession of lighted smoking materials in any form is prohibited in any area within a place of employment not identified in division (a) of this section, including, but not limited to:
      (1)   Cafeterias, lunchrooms and employee lounges;
      (2)   Waiting areas and lobbies, except elevator lobbies listed in division (a)(2) of this section; and
      (3)   Any other enclosed indoor area used by employees.
   (c)   Responsibilities of Employers. The employer in charge of a place set forth in division (a) or (b) of this section shall utilize his or her best efforts to ensure that the following provisions are met with regard to such places:
      (1)   Smoking policy. Within one week of the effective date of this section (Ordinance 1987-28, passed August 10, 1987), each employer of ten or more employees shall adopt, implement and maintain a written smoking policy which contains, at a minimum, the restrictions in this section, the rights and responsibilities of employees and actions that will be taken to ensure that the policy is effective. The policy shall be communicated to all employees within three weeks of its adoption and at least yearly thereafter. All employers shall supply a written copy of the smoking policy to any prospective employee who so requests and to all new employees within one week of commencing their employment. This division shall not be interpreted or construed to exempt employers of fewer than ten employees from any other requirement of this chapter.
      (2)   Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted in every room, building or other place managed by the employer and regulated by this chapter. The employer shall provide signs indicating that smoking is prohibited to any employee requesting such signs for the purpose of identifying his or her work area as a no-smoking area. Signs indicating that smoking is prohibited in elevators, elevator lobbies, stairwells, escalators and hallways shall be posted in elevators, in elevator lobbies on each floor and in stairwell and escalator entrances on each floor.
      (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. Persons smoking in violation of the employer's smoking policy or this chapter shall be requested to stop.
      (5)   Resolution of disputes. In any dispute arising under the employer's smoking policy or this chapter, the rights of the nonsmoker shall be given preference over consideration of the smoker.
      (6)   Work areas. If, due to the proximity of smokers, size of the work area, poor ventilation or other factors, the restrictions in this section do not reduce the effects of smoke in an employee's work area to the satisfaction of the employee, the employer shall make additional accommodation by reassigning the employee to a different work area, by further restricting smoking in the place of employment or by implementing other measures reasonably designed to minimize or eliminate the effects of smoke on the employee.
      (7)   Nondiscrimination. No employer shall discharge, refuse to hire or in any manner discriminate against any employee or applicant for employment because such employee or applicant exercises on behalf of himself, herself or others any rights afforded him or her by the employer's smoking policy or by this chapter.
(Ord. 1987-28. Passed 8-10-87.)
619.06   EXCEPTIONS TO CHAPTER.
   The restrictions in Sections 619.04 shall not apply to:
   (a)   An entire room or hall which is being used for a private social function, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place;
   (b)   A limousine for hire or a taxicab, where the driver and all passengers affirmatively consent to smoking in such vehicle;
   (c)   Retail tobacco stores;
   (d)   Any private room in a health care facility, or any semiprivate room in a health care facility if both occupants have requested, in writing, to be placed in a room where smoking is permitted;
   (e)   Bars;
   (f)   An eating establishment that seats fewer than 30 people, provided that:
      (1)   Such establishment comprises a single room.
      (2)   Such establishment was open to the public prior to the effective date of this chapter (Ordinance 1987-28, passed August 10, 1987).
      (3)   A sign stating that a no-smoking area is not available is conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment.
   (g)   Hotel and motel rooms needed for smoking guests during conventions, while such conventions are in progress;
   (h)   A single room in a business establishment, provided that:
      (1)   Such room is not normally used by members of the general public for the primary purpose of the establishment.
      (2)   Such room is enclosed by walls on all sides and openings adjacent to no- smoking areas are generally kept closed.
      (3)   Such room occupies less than 20% of the total floor space of the establishment.
   (i)   A private work area, enclosed by floor-to-ceiling walls with appropriate openings for ingress and egress, which is occupied exclusively by smokers, even though such office may be visited by nonsmokers, provided that:
      (1)   This exemption shall not be permitted where it conflicts with the requirements in Section 619.05(c)(6).
      (2)   This exemption shall not be construed to permit smoking in the reception areas of lobbies or offices.
   (j)   Private residences, except those portions of a private residence used as a child care or health care facility or, serving as a place of employment;
   (k)   Bowling centers; and
   (l)   Areas of public lobbies located on the ground floor of multi-tenant establishments where no seating is made available.
   This section shall not be interpreted or construed to require proprietors or employers in charge of places set forth in divisions (a) through (i) of this section to permit smoking therein.
(Ord. 1987-28. Passed 8-10-87.)
619.07   DESIGNATION OF SMOKING AREAS.
   Smoking areas may be designated in accordance with this Section by proprietors or employers in charge of places set forth in Sections 619.04(b) and 619.05(b), except in places in which smoking is otherwise prohibited by laws. Where smoking areas are designated, signs indicating that smoking is permitted shall be posted pursuant to Sections 619.04(c)(1) and 619.05(c)(2).
   (a)   Number and Size. Not more than 50% of the total floor space of any establishment, or portion thereof, within Section 619.04(b) or 619.05(b) may be designated as a smoking area. In the case of establishments consisting of a single room, not more than 50% of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, not more than 50% of the rooms may be designated as smoking areas. Rooms with a total floor space of fewer than 2,500 square feet may not be separated into smoking and no- smoking areas, except that this restriction does not apply to eating establishments.
   (b)   Barriers and Ventilation. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable, consistent with good engineering practices, to minimize the migration of smoke to adjacent no-smoking areas. Where modifications are made to existing establishments for other reasons, barriers shall be consistent with good engineering practices to further minimize the migration of smoke to adjacent no-smoking areas, provided that persons undertaking such modification shall not be required to incur any expense to meet the requirements of this division. Where new establishments are constructed, barriers and ventilation systems shall be designed and operated to the maximum extent practicable, consistent with good engineering practices, to minimize the migration and recirculation of smoke to no-smoking areas.
   (c)   Placement. A smoking area may not be designated adjacent to an indoor service line or between a no-smoking area and the source of fresh air. Where practicable, smoking areas shall not be designated such that nonsmokers would be required to pass through such areas on a routine basis in order to perform job duties, to patronize an establishment or to reach a no-smoking area. Special consideration shall be given to individuals with a hypersensitivity to tobacco smoke.
   (d)   Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places set forth in Section 619.04(b) or 619.05(b) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare the entire establishment as a no-smoking area.
(Ord. 1987-28. Passed 8-10-87.)
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