(A) A person commits an offense if he or she is knowingly or intentionally smoking in public and is not in an area designated as an exception area under this section.
(B) In conformity with this section, a person having ownership, possession or control of a public place commits an offense if he or she knowingly or intentionally permits or fails to make a reasonable effort to prevent commission by another of the offense described in division (A) above within such a public place.
(C) In conformity with this section, a person having ownership, possession or control of a public place may, but is not required to, designate exception areas in which smoking is permitted. It is an affirmative defense to the application of the offense stated in division (A) above if the person smokes or is smoking:
(1) Exclusively within an exception area designated for smoking tobacco; or
(2) As a participant in an authorized theatrical performance.
(D) It shall be the duty of every person having ownership, possession or control of any public place to cause extinguishment facilities to be provided and maintained as required in this section, and any knowing or intentional failure to maintain compliance with such duty shall constitute an offense. An extinguishment facility shall be provided:
(1) Outside or immediately inside each exterior entrance to the public place; and
(2) In each exception area, if any; provided that, a positive extinguishment facility need be provided only at the entrance to any enclosed area containing more than one exception area; and, further provided that, extinguishment facilities may not be situated in elevator cars or in any other non-exception area.
(E) It shall be the duty of every person having ownership, possession or control of any public place to cause any exception areas and the boundaries thereof to be clearly disclosed to persons within the public place, and any knowing or intentional failure to maintain compliance with such duty shall constitute an offense. The information that is required to be provided under this division (E) may be furnished in any one or more of the following manners, as applicable:
(1) By conspicuously posting signs in the exception area which clearly define the bounds of the exception area and stating that smoking is permitted therein.
(a) In a restaurant or other public place that has controlled seating whereby an employee directs patrons to seating or waiting areas, the employee shall ask the patron whether he or she requires or prefers a no smoking or smoking permitted area before directing a patron to a seat in the appropriate area. If the establishment takes advance reservations, the person taking the reservations shall ask whether the patron requires or prefers a no smoking or smoking permitted area at the time the reservation is made. Any outdoor seating attached to or adjacent to a restaurant or other public place is exempt from the provisions of this division (E)(1)(a).
(b) Any sign that is required to be posted pursuant to this division (E)(1)(b) shall be printed in proportional and proportionally spaced letters of a color clearly contrasting with the background upon which they are printed, which letters shall have a height of not less than three-fourths inch and shall also contain the international “no smoking” logo of a diameter of not less than three inches. The wording shall be one of the following, as appropriate: “No Smoking”, “Smoking Permitted in Designated Areas Only” or “Smoking Permitted”. A public place that is an exception area in its entirety is not required to have the international “no smoking” logo on its signs. Such signs shall be posted so that they are clearly visible to persons prior to entering the establishment, without regard to whether the entrance doors are open or closed.
(2) If the entirety of the public place has been designated as an exception area, by posting a sign at each entrance thereto, which sign must clearly indicate the bounds of the exception area and state that smoking is permitted therein.
(F) It is an exception to the application of divisions (A), (B) or (C) above that the person smoking is present at an event in which an entire room or confined area is used for a private social function and the event is under the control of the sponsor of the function and not the owner, proprietor or person in charge of the public place. This exception includes, but is not limited to, areas of public places, such as hotels, which are normally rented out to private groups, and bowling centers.
(G) It shall be the duty of every person in control of a public place in which smoking is declared an offense by division (A) above to request any person known not to be in an exception area to extinguish the burning tobacco product. Any knowing or intentional failure to maintain compliance with such duty shall constitute an offense.
(H) The following shall apply to taxicabs.
(1) The holder of any franchise or permit to operate a taxicab service within the city may, but is not required to, designate one or more of the taxicabs operated pursuant to the franchise or permit in which smoking is permitted.
(2) Each such taxicab shall be designated by notices clearly visible to persons entering and in the taxicab as a taxicab in which smoking is permitted or a taxicab in which smoking is not permitted.
(3) Drivers operating taxicabs in which smoking is not permitted shall not smoke in the taxicab at any time.
(1998 Code, § 62-142) (Ord. 13-12, passed 4-17-2013) Penalty, see § 94.999