(A) It is hereby declared unlawful for any person to smoke, vape, carry a burning cigarette, cigar, pipe or use an electronic nicotine dispensing device or nicotine product in any of the following described places:
(1) Retail store public areas where merchandise is displayed for sale.
(2) Elevators in any public place.
(3) Public theaters and auditoriums during a performance, except where areas are designated to permit smoking.
(4) Buses and other public conveyances, except taxicabs and jitneys.
(5) All city owned parks and recreation areas.
(6) Any location within the city in which smoking is prohibited under F.S. Ch. 386.
(B) Every person or his agent having control of any premises within which smoking, vaping, the carrying of burning objects, or the use of an electronic nicotine dispensing device or nictotine product is prohibited by this section, shall conspicuously display the following signs in the following manner:
(1) Retail stores. The sign shall read "SMOKING, VAPING AND THE USE OF ELECTRONIC NICOTINE DISPENSING DEVICES OR NICOTINE PRODUCTS PROHIBITED BY LAW IN THIS SECTION" and shall be displayed at each public entrance to the retail stores.
(2) Elevators. The sign shall read "SMOKING, VAPING AND THE USE OF ELECTRONIC NICOTINE DISPENSING DEVICES OR NICOTINE PRODUCTS IN ELEVATORS PROHIBITED BY LAW IN THIS SECTION," and shall be displayed in close proximity to the entrance of the elevator and within the interior of the elevator. An ashtray or other device shall be located in close proximity to the elevator entrance for the disposal of prohibited items.
(3) Public theaters and auditoriums. The sign shall read "SMOKING, VAPING AND THE USE OF ELECTRONIC NICOTINE DISPENSING DEVICES OR NICOTINE PRODUCTS PROHIBITED BY LAW IN THIS SECTION," and shall be placed on or about each entrance to areas not designated as permitting smoking, vaping, or the use of electronic nicotine dispensing devices or nicotine products.
(4) Public conveyances. The sign shall read "SMOKING, VAPING AND THE USE OF ELECTRONIC NICOTINE DISPENSING DEVICES OR NICOTINE PRODUCTS PROHIBITED BY LAW," and shall be placed on or about each public entrance to the public conveyance.
(C) It shall be unlawful for any person to remove or cause to be removed any sign required to be posted by this section.
(D) It shall be unlawful for any person to throw or place hot or burning substances or objects such as cigarettes, cigars, pipe ashes, or any other similar nicotine product in, upon, or in close proximity to any public or private premises where there is any material or substance which is combustible or liable to damage by heat, fire, or explosion.
(E) (1) It shall be unlawful for any person to smoke cigarettes, cigars, pipes, or use an electronic nicotine dispensing device or any nicotine product on city property as follows:
(a) Within 25 feet of the entranceway of any municipal buildings; and/or
(b) In bleacher areas, dugouts, in and around team seating areas, concession areas and restrooms within any park or recreational facility owned by the city. This restriction shall not apply to city-owned golf courses.
(2) Any person issued a citation pursuant to this section shall be deemed to be charged with a civil infraction. A fine of $25 shall be assessed for each violation of this section.
(3) This section shall not apply to any person smoking or using an electronic nicotine dispensing device or nicotine product within a motor vehicle that is within a city park or parked in front of a city building, whether or not located in a parking lot.
(F) Any person convicted of violating this section shall be punishable as provided herein or as otherwise provided in § 10.99.
('69 Code, § 12-19.2) (Ord. 351, passed 1-7-74; Am. Ord. 1412, passed 6-19-02; Am. Ord. 1938, passed 11-13-19) Penalty, see § 134.99
Statutory reference:
Smoking in elevators prohibited, see F.S. § 823.12
Smoking in government buildings, see F.S. § 255.27