§ 38.04  COMMISSION OF OFFENSES; EXCEPTIONS.
   (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