(a) Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) “Public meeting” includes all meetings open to the public.
(2) “Public places” means any enclosed, indoor area open to and frequented by the public or serving as a public of work, including, but not limited to, restaurants, retail stores, theaters, banks, commercial establishments, public conveyances, educational facilities, recreational facilities, hospitals, nursing homes, auditoriums, arenas, meeting rooms and grocery stores.
(3) “Smoking instrument” means any cigar, cigarette, pipe or other smoking equipment.
(b) Smoking prohibited except in permitted areas. No person shall smoke or carry any lighted smoking instrument in a public place or at a public meeting except in permitted smoking areas.
(c) Designation of smoking areas.
(1) The proprietor or person in charge may designate no more than 50% of a public place or public meeting as a smoking area except as follows.
(2) The owner or person in charge of the facility in which smoking is prohibited may designate separate rooms or areas in which smoking is permitted, provided that:
A. Designated smoking rooms or areas shall be reasonably separate from rooms or areas entered by the public in the normal course of business or use of the facility;
B. In designated smoking areas, existing physical barriers and ventilation systems shall be used when possible to minimize the toxic effect of smoke in adjacent non-smoking areas; and
C. In places of work in which smokers and non-smokers work in the same office or room, it shall be the responsibility of employers to provide smoke-free work areas to accommodate employees who request the same.
(d) Signs. To advise persons of the existence of “No Smoking” or “Smoking Permitted” areas, signs shall be posted as follows:
(1) In public places where the proprietor or person in charge prohibits smoking in the entire establishment, a sign using the words “No Smoking” and/or the international no smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishments;
(2) In public places where certain areas are designated as smoking areas pursuant to this section, the statement “No Smoking Except in Designated Areas” shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment; and
(3) In public places where smoking is permitted in the entire establishment, a sign using the words “Smoking Permitted” and/or the international smoking symbol shall be conspicuously posted either on all public entrances or in a position clearly visible on entry into the establishment.
(e) Areas where smoking is prohibited. Smoking shall not be permitted and smoking areas shall not be designated in those areas where smoking is prohibited by the Fire Chief, state statute, ordinances or regulations of the city, or other applicable laws.
(f) Responsibilities of proprietors. The proprietor or person in charge of a public place or public meeting shall make reasonable efforts to obtain compliance with this section in such places by:
(1) Posting appropriate signs;
(2) Arranging seating and work areas to provide a smoke-free area;
(3) Asking smokers to refrain from smoking upon request of a client or an employee or any other person suffering discomfort from the smoke;
(4) Affirmatively directing smokers to designated smoking areas; and
(5) Using existing physical barriers and ventilation systems to minimize the toxic efforts of transient smoke in adjacent no-smoking areas.
(g) Inspection of premises; violation notices. The City Manager or his or her designated representative is authorized to make such inspections as may be necessary to enforce this section, and no person shall impede or interfere with inspections made hereunder. The City Manager or his or her designated representative, after proper identification, shall be permitted to enter, at any reasonable time, any premises covered by this section within the city, for the purpose of making inspections to determine compliance with this section.
(h) Penalty. Any person who violates this section at a place or location where signs are located pursuant to subsection (d) above shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $10. Any person who violates any other subsection of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $300. Each time this section is violated shall be considered a separate offense.
(Ord. passed 3-3-1992)