1650.02 RESTRICTIONS ON SMOKING IN PUBLIC PLACES.

   (a)   Smoking and Use of Tobacco Products Prohibited. Except as provided in Section 1650.04 the possession of lighted smoking materials in any form or use of tobacco products is prohibited in any of the following enclosed public places, excluding portions to which members of the general public are not normally invited:

      (1)   Retail stores and service establishments;

      (2)   Vehicles of public transportation;

      (3)   Enclosed theaters, auditoriums, concert halls, arenas and public meeting rooms except portions of the lobby associated with such establishments if a smoking area is designated therein pursuant to division (b) of this section;

      (4)   Elevators, elevator lobbies, stairwells, escalators and hallways;

      (5)   Indoor service lines;

      (6)   Public restrooms;

      (7)   Courtrooms, jury waiting rooms and deliberation rooms;

      (8)   Educational facilities;

      (9)   Polling places;

      (10)   Health-care facilities;

      (11)   Gymnasiums, exercise rooms and health spas;

      (12)   Libraries;

      (13)   Places of exhibition including but not limited to museums, aquariums, and galleries;

      (14)   Any municipally-owned building;

      (15)   City Council Chambers;

      (16)   Classrooms and lecture halls;

      (17)   Designated non-smoking areas of restaurants; and

      (18)   Areas within gasoline service stations, as defined in R.C. § 3741.14.

   (b)   Smoking and Use of Tobacco Products Prohibited Except in Designated Sections. Except as provided in Sections 1650.04 and 1650.05 , the possession of lighted smoking materials in any form and/or use of tobacco products is prohibited in any public places, or portions thereof, not identified in division (a) of this section, excluding portions to which members of the general public are not normally invited, including, but not limited to:

      (1)   Eating establishments and bars;

      (2)   Hotel and motels including rooms rented to guests;

      (3)   Indoor places of entertainment and recreation;

      (4)   Enclosed shopping centers and malls except retail stores and service establishments therein listed in division (a)(1) of this section;

      (5)   Waiting areas and lobbies except elevator lobbies listed in division (a)(4) of this section and waiting areas and lobbies within establishments listed in divisions (a)(1) and (a)(7) through (a)(13) of this section;

      (6)   Buildings and enclosed structures (or any portion thereof) owned, leased or operated by the City; and

      (7)   Any other enclosed indoor area used by members of the general public.

   (c)   Responsibilities of Proprietors. The proprietor of a place within divisions (a) or (b) of this section, shall utilize his or her best efforts to ensure that the provisions of this division are met with regard to such place.

      (1)   Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place where smoking is regulated by this chapter.

         A.   In grocery stores, signs indicating that smoking is prohibited shall be visible to people entering the store, people at meat and produce counters, and people in all checkout lines.

         B.   In theaters, auditoriums, concert halls and public meeting rooms, signs stating that smoking is prohibited shall be conspicuously posted within such areas and in associated lobbies.

         C.   At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.

         D.   In eating establishments and bars, a sign shall be posted at the entrance clearly stating that a no-smoking section is available, and individual table signs indicating that smoking is prohibited shall be placed on all tables in the no smoking section of the dining area.

         E.   Signs indicating that smoking is prohibited in elevators, elevator lobbies, stairwells, escalators and hallways shall be posted in elevators, elevator lobbies on each floor, and stairwell and escalator entrances on each floor.

      (2)   Public seating. Where seating is provided for the public and a smoking area has been designated under Section 1650.05 , seating shall be arranged to provide a contiguous no-smoking area of sufficient size to meet customer demand; a seat in a no-smoking area shall be provided for all persons requesting such a seat; and, in the case of controlled seating, each customer shall be asked as to his or her preference for smoking or no-smoking seating.

      (3)   Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited.

      (4)   Enforcement. Persons smoking and/or using tobacco products in violation of this chapter shall be requested to stop.

      (5)   Resolution of disputes. In any dispute arising under this chapter, the rights of the nonsmoker shall be given preference over the smoker's desire to smoke.

      (6)   Ventilation/exhaust. Wherever smoking is designated or permitted, the proprietor shall provide and keep in operation fully adequate ventilation so as to exhaust the fumes and smell of smoke away from all public and private nonsmoking areas. (See Section 1650.05 (b)).

(Ord. 2019-09. Passed 3-18-2019.)