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(A) A person commits an offense if he or she:
(1) Knowingly or intentionally smokes in any public place other than exclusively in an area that has been designated as a smoking area in accordance with the provisions of § 38.05;
(2) Is the owner, lessee or other person in charge of any public place and knowingly or intentionally permits or fails to make a reasonable effort to prevent commission by another of the offense described in division (1) above within the public place;
(3) Is the owner, lessee or other person in charge of any public place and knowingly or intentionally fails to have prominently displayed reasonably sized signs required by this chapter; or
(4) Commits any other violation of this chapter.
(B) Exceptions. This chapter does not apply to:
(1) A dwelling, as defined in Chapter 1 of the city's Land Development Code that is used for a residential use;
(2) A hotel or motel room designated as a smoking room and rented to a person, provided that the hotel or motel complies with § 38.05;
(3) A retail tobacco store solely for the sale and purchase of tobacco;
(4) A facility operated by a fraternal organization for a charitable or educational function if the premises is controlled by the organization; and
(5) The interior of a motor vehicle.
(Ord. 910108A, passed 1-22-1991; Ord. 980407, passed 4-7-1998; Ord. 140617-B, passed 6-17-2014) Penalty, see § 38.99