(A) A person having control of a place of employment or public place shall not knowingly permit, cause, suffer, or allow any person to violate the provisions of § 96.08, provided that it shall be an affirmative defense to an alleged violation of this division (A) that the person having control of the place of employment or public place has asked that the lighted cigarette, cigar, pipe, or other tobacco product be extinguished and asked the person to leave the place of employment or public place if that person has failed or refused to extinguish the lighted cigarette, cigar, pipe, or other tobacco products.
(B) “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 public place and place of employment where smoking is prohibited by this chapter, by the owner, operator, manager, or other person in control of that place.
(C) Every public place and place of employment where smoking is prohibited by this chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. A PDF copy of this sign is available for download and printing from the town's website at www.townofpendleton.org; the sign available online prints out to 8-1/2 × 11 and meets the minimum requirements. (Minimum size for display is 5 × 5.)
(D) All ashtrays for public use shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person having control of the area.
(E) It shall be the responsibility of employers to provide a smoke-free workplace for all employees in accordance with the provisions of this chapter.
(Ord. 11-11, passed 11-7-11) Penalty, see § 96.99