(a) City Hall and all other buildings owned and/or controlled by the City, are hereby declared to be entirely “smoke-free” areas, in which no smoking of any sort shall occur. All City- owned and/or controlled vehicles and equipment shall be smoke-free.
(b) The Mayor is directed to post appropriate notices in all City owned and/or controlled buildings, vehicles and equipment notifying anyone using these facilities of this section.
(c) The Mayor is also directed to notify all City employees of any change created by this section as soon as possible.
(d) In addition to the penalties set forth in subsection (g) below, any City employee who violates this section shall be subject to disciplinary action as set forth below:
(1) First offense: A letter or reprimand would be placed in their personnel file.
(2) Second offense: A day off without pay.
(3) Third and subsequent offense, if any: To be determined by the Mayor, but in no event shall the penalties for a third and subsequent offense be less than the penalties imposed for a second offense imposed pursuant to subsection (d)(2) herein.
(e) No smoking is permitted on City property within 100 feet of an organized activity or event; participants of an organized activity or event or fans/spectators of any organized activity or event held on City owned, rented or leased property. For purpose of this section, an organized activity shall include:
(1) Any activity using City provided facilities, including but not limited to, playground equipment, tennis courts, pavilion, etc. This shall not include areas of naturally open land unless the open areas are used in accordance with subsections (e)(2) or (e)(3).
(2) Any activity or event sponsored by the City.
(3) Any activity or event, where the City has given permission to use City property for the activity or event.
(f) The Mayor or City Council may provide exemptions from this section to an organization or group under the following:
(1) The organization/group completes an exemption request form at least five (5) business days prior to the event.
(2) The exemption specifies the date of the exemption. Each exemption only applies to each event and multiple exemption may be permitted.
(3) The smoking area permitted in the exemption does not exceed 25% of the total area being used by the organization/group.
(4) The non-smoking and smoking areas must be clearly identified at the event.
(g) Enforcement and Penalties:
(1) The success of the enforcement of this section depends upon the thoughtfulness, consideration, and cooperation of the smokers and non- smokers.
(2) Persons affected by the smoking of others shall first request the smoker follow the smoking ordinance.
(3) It is not considered a violation of this smoking section until a smoker has been requested to quit smoking and continues to smoke within the restricted area.
(4) Enforcement of this section is in addition to any other enforcement provisions, penalties or remedies otherwise authorized under Federal, State or local laws.
(5) Violation of any condition of this no smoking section shall be a minor misdemeanor and also subject any offender to a fine of not more than one hundred fifty dollars ($150.00).
(Ord. 2014-108. Passed 10-22-14.)