(A) No person, employer, or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of that person, employer, or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law.
(B) No person, employer, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of that person, employer, or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, including, without limitation, within a reasonable distance required by this chapter from any area in which smoking or the use of tobacco products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking or the use of tobacco products in violation of any provision of this chapter.
(C) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited, including within any reasonable distance required by this chapter.
(D) Except as otherwise provided by subsection (E) of this section, a person, employer, or nonprofit entity that has legal or de facto control of an area in which smoking and the use of tobacco products is prohibited by this chapter shall post a clear, conspicuous and unambiguous "No Smoking" and "No Use of Tobacco Products" or "Smokefree" and "Tobacco-Free" sign at each point of ingress to the area, and in at least one other conspicuous point within the area, unless the prohibition is established by law other than this chapter and that law does not require the placement of signs. The signs shall have letters of no less than one inch (1") in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include the reasonable distance requirement. At least one sign with the City of Selma phone number to which complaints can be directed must be placed conspicuously in each place in which smoking is prohibited. For purposes of this section, the City Manager or his/her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking or the use of tobacco products in violation of any other provision of this chapter.
(E) The City, or other sponsor of any public event occurring in open public places shall establish temporary signage at such locations as required by the City Manager or his/her designee notifying persons of the prohibition against smoking at such public event.
(F) No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.
(G) Each instance of smoking or tobacco product use in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation. (Ord. 2018-6, 5-7-2018)