No person shall smoke or carry a lighted cigar, cigarette or pipe, or use a match or flame- producing device for lighting any of them in any of the following places and at the following times:
(1) Smoking means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed, plant or other combustible substance, or any activated electronic smoking device as defined in section 7-427(a) of this Code, in any manner or in any form.
(2) Smoking is prohibited in any public vehicle, any area placarded as a "No Smoking" area, or an enclosed structure, such as, but not limited to, taxicabs, lobbies, hallways, restrooms, stairways, malls, stores, theaters, locker rooms, conference rooms and recreation rooms.
(a) Smoking will be permitted by performers when smoking is required by a script as an integral part of a performance.
(b) This article does not apply to places where smoking is regulated or prohibited by federal, state or county laws.
(c) This section includes structures under the control of the city.
(d) This article does not apply to bars, bowling alleys, pool halls, restaurants, retail tobacco stores, private homes, hotel and motel rooms rented to guests, hotel and motel conference or meeting rooms and public or private assembly rooms when used for private functions, or private vehicles. The exceptions of this provision do not apply if the area is placarded as "No Smoking."
(3) In designated areas of the workplace as defined and set forth herein.
(a) Purpose. Because smoking is a danger to health and is a cause of annoyance and discomfort to those who are present in smoky, confined spaces, the purpose of this section is to protect the public health and welfare by regulating smoking in the workplace.
(b) Definitions.
(i) Workplace means any enclosed area of a structure or portion thereof intended for occupancy by any business entity. "Workplace" includes but is not limited to offices, factories, retail stores, hospitals, libraries, and service establishments.
(ii) Employer means any person who employs the services of an individual person.
(iii) Employee means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
(c) Within ninety (90) days of the adoption of this section, each employer shall adopt, implement, and maintain a written policy regulating smoking by employees which shall contain at a minimum the following:
(i) Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, rest rooms, and hallways.
(ii) Provision and maintenance of a contiguous no-smoking area of not less than two-thirds of the seating capacity and floor space in cafeterias, lunchrooms, and employee lounges.
(iii) Any nonsmoking employee may object to his or her employer about smoke in his or her workplace. The employer shall attempt to reach a reasonable accommodation, using already available means of ventilation, separation or partition, insofar as possible, between the preferences of nonsmoking and smoking employees. However, an employer is not required by this subsection to make any expenditures for structural changes in the workplace.
(iv) If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached in any given workplace, the preference of nonsmoking employees shall prevail; and the employer shall prohibit smoking in that workplace.
(v) No employee shall be terminated or subject to disciplinary action solely as a result of his or her complaint about smoking in the workplace.
(vi) The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.
(d) This subsection is not intended to regulate smoking in the following places:
(i) A private home.
(ii) An office occupied solely by a single smoker.
(Ord. No. 5890, § 1, 10-11-83; Ord. No. 7089, § 1, 11-14-88; Ord. No. 7202, § 1, 6-5-89; Ord. No. 11703, § 3, 10-22-19)
Editors Note: Section 11-89(3), renumbered from § 11-89(4), was added as the result of an Initiative Special Election held Nov. 5, 1985, pursuant to a citizen-initiated measure--Initiative Petition No. 1985-I002. The amendment became effective on Nov. 12, 1985. The ninety days referred to in § 11-89(3)(c) is Feb. 10, 1986.