(a) It shall be unlawful for any employer or business to fail to comply with the applicable provisions of this Chapter.
(b) No employer or business owner shall knowingly permit smoking in an area which is under the legal or de facto control of the employer or business owner and in which smoking is prohibited by this Chapter and the employer and business owner is not otherwise compelled to act under State or Federal law.
(c) No employer or business owner shall knowingly or intentionally permit the presence or placement of smoking waste or ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the employer or business owner and in which smoking is prohibited.
(d) Notwithstanding any other provision of this Chapter, any employer or business owner who controls any property, establishment, or place of employment regulated by this Chapter may declare any part of such area in which smoking would otherwise be permitted to be a non-smoking area.
(e) No employer or prospective employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant for employment exercises any rights afforded by this Section.
(f) “No smoking” or “Smoke Free” signs, with letters of no less than one inch in height 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, sufficiently and conspicuously posted in every enclosed and unenclosed place in which smoking is prohibited by this Section, by the person, employer or business that has legal or de facto control of such place. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this Chapter.
(Ord. 4212, passed - -2013)