§ 98.02 PROHIBITION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT.
   (A)   Except as otherwise provided in this chapter, smoking shall be prohibited in the following public places and places of employment, including, but not limited to, the following areas:
      (1)   Elevators;
      (2)   Restrooms, lobbies, reception areas, hallways and any other common-use areas;
      (3)   Buses, taxicabs, and other means of public transit under the authority of the city, and ticket, boarding, and waiting areas of public transit depots;
      (4)   Service lines;
      (5)   Retail stores;
      (6)   Restaurants
      (7)   Public areas of aquariums, galleries libraries, and museums;
      (8)   Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except performers when smoking is part of a theatrical production;
      (9)   Sports arenas and convention halls, including bowling facilities and enclosed places in outdoor arenas or facilities;
      (10)   Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;
      (11)   Hospitals, clinics, physical therapy facilities, doctors’ offices, and dentists’ offices;
      (12)   Private and semi-private rooms in nursing homes and long-term care facilities;
      (13)   Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
      (14)   Polling places;
      (15)   Hotes and motels;
      (16)   Bingo facilities;
      (17)   Child care and adult day care facilities;
      (18)   Shopping malls;
      (19)   Public gatherings;
      (20)   Educational facilities, both public and private; and
      (21)   Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to banks, laundromats, professional offices and retail service establishments, but not including bars, private clubs, retail tobacco stores, retail vape shops, cigar bars, or hookah bars.
   (B)   Notwithstanding any other provisions of this chapter, any owner, operator, manager or other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment.
(Ord. 4, 2006, passed 5-22-2006; Am. Ord. 21, 2017, passed 1-8-2018)