(A) Smoking is not prohibited in the following places:
(1) Private clubs that are not licensed for the sale of alcoholic beverages under state law and are not places of employment; however, if an enclosed area is being used for a purpose, event or function to which the general public is invited, then smoking is prohibited;
(2) Outdoor areas of places of employment except the outdoor areas identified above;
(3) Private residences, except private residences in which childcare is provided on a fee for service basis. Individuals providing day care on a fee for service basis shall not expose children to secondhand smoke;
(4) Employer provided housing;
(5) At a reasonable distance outside any enclosed public place or place of employment where smoking is prohibited;
(6) A maximum of 50% of hotel and motel sleeping rooms rented to guests designated as smoking rooms if the hotel or motel designates at least 50% of its guest rooms as permanently nonsmoking; and
(7) Accessory buildings, as defined in § 8.06.020(A)(1), designated as a smoking area whose enclosed space is less than 200 square feet.
(B) Nothing in this chapter shall be construed or interpreted to provide any person a right to smoke on premises or property owned, leased or under the legal control of another.
(Ord. 2009-07, passed 5-12-09; Am. Ord. 2009-11, passed 6-9-09)