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Sec. 4-43. Prohibition of Smoking in Places of Employment/Workplace.
a. It shall be the responsibility of employers to provide a smoke-free place of employment for all employees.
b. Smoking shall be prohibited in all indoor and outdoor areas served by employees, in Places of Employment. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. As used in this subsection, the term “served” shall not include routine maintenance or routine cleaning activities such as waste removal, sweeping, mopping, and similar activities.
c. Each employer having control of any enclosed Place of Employment/Workplace shall post a copy of Section 4-43 in the Place of Employment within thirty (30) calendar days after the effective date of this Article and in the future prior to receiving any required Certificate of Occupation from the City. (Ord. No. 0-2016-11; 2/10/16)
Sec. 4-44. Prohibition of Smoking in Specified Outdoor Areas.
Smoking shall be prohibited in the following outdoor areas.
a. Boarding and waiting areas of public transportation facilities.
b. Zoos.
c. City parks, playgrounds, and recreation areas, excepting however private boats on City lakes.
Sec. 4-45. Reasonable Distance. Prohibition of Smoking within Distance of 20 feet of Public Place or Place of Employment/Workplace.
Smoking is prohibited within a distance of twenty (20) feet or less outside entrances, operable windows, and ventilation systems of Enclosed Areas where smoking is prohibited in any Public Place or Place of Employment/Workplace. (Ord. No. 0-2016-11; 2/10/16)
Sec. 4-46. Exemptions from Prohibition.
Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article:
a. A private residence, unless it is used as a child care, adult daycare or health care facility.
b. A Retail Tobacco Store.
c. A Private Organization. This exemption shall not apply to any Private Organization that is established for the purpose of avoiding compliance with this Article.
d. Facilities and property otherwise defined by this ordinance that are under the ownership, custody or control of another governmental or educational institution.
e. Outdoor areas, including outdoor patios, that are adjacent to bars or restaurants and that are served by employees of such bars or restaurants, but which are at least twenty (20) feet from outside entrances, operable windows, and ventilation systems of Enclosed Areas where smoking is prohibited by this Article. For purposes of this subsection, the term “outdoor area” shall mean an outdoor area that does not have a roof, and has at least one side which does not extend to the ceiling or is not solid.
Sec. 4-47. Posting of Signs.
a. The owner, manager or other person having control of a Public Place or Place of Employment/Workplace or other area where smoking is prohibited by this Article shall have a conspicuously posted sign clearly stating NO SMOKING or displaying the international No Smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it). The signs shall have bold lettering of not less than one (1) inch in height and must be posted at each entrance and within the building or other areas where smoking is prohibited.
b. All ashtrays and other smoking paraphernalia shall be limited in facilities to that required for the enforcement of extinguishing of smoking materials in Public Places and Places of Employment.
Sec. 4-48. Enforcement.
a. Enforcement of this Article shall be by City employees and/or contractors as designated by the City Manager or designee.
b. Notice of the provisions set forth in this Article shall be given to all applicants for a certificate of occupancy or any other license to operate a business in the City of Tyler.
c. Any person may register a complaint under this Article to initiate enforcement with any agency or official designated herein.
d. The above designated enforcement persons shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article.
e. Any owner, manager, operator or employee of any establishment regulated by this Article shall be responsible for informing persons violating this Article of the provisions.
Sec. 4-49. Non-retaliation.
No person or employee shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment or customer because such employee, applicant or customer exercises any right to a smoke-free environment afforded by this Article.
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