(A) Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this division (A).
"BUILDINGS." Any structure open to the public that is enclosed on all sides and top from weather, whether or not windows and doors are open. If a person owns, leases or possesses only a portion of the building, the term "BUILDING" applies to the ownership, leasehold or possessory interest as well.
"BUSINESS." A sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"DWELLING." Any place used primarily for sleeping overnight and conducting activities of daily living, including, without limitation, house, duplex, town home, apartment, mobile home trailer, a hotel or motel room, but not a hotel or motel lobby, common elevator, common hallway or other common area. A "DWELLING" does not include a hospital room, hospice facility or nursing home room.
"EMPLOYEE." A person who works in consideration for direct or indirect monetary wages or profit, or who volunteers his or her services for an entity.
"EMPLOYER." A person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one (1) or more individual persons. A private club which employs exclusively from within or operated solely by member volunteers is not an "EMPLOYER."
"ENCLOSED AREA." All space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
"HEALTH CARE FACILITY." An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals, optometrists, podiatrists, veterinarians, county health departments or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include, but is not limited to, all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within "HEALTH CARE FACILITIES."
"PLACE OF EMPLOYMENT." An area under the control of a public or private employer that employees normally frequent or may need to access during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias and hallways. A private residence is not a "PLACE OF EMPLOYMENT" unless it is used as a childcare, adult day care, or health care facility.
"PRIVATE CLUB." An establishment which maintains selective members, is operated by the membership and does not provide food or lodging for pay to anyone who is not a member or a member's guest.
"PUBLIC PLACE." An enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, churches, educational facilities, health care facilities, hotels and motels, laundromats, polling places, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, schools and retail stores. "PUBLIC PLACE" also means shopping malls, sports arenas, theaters, waiting rooms, parks and playgrounds, but shall not include unenclosed adjacent parking lots and access ways that are a reasonable distance from areas where smoking is prohibited, as defined within division (F) below. A private residence is not a "PUBLIC PLACE" unless it is used as a childcare, adult day care, or health care facility.
"SERVICE LINE." An indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.
"SHOPPING MALL." An enclosed public walkway or hall area that serves to connect retail or professional establishments.
"SMOKING." Inhaling, exhaling, burning, or carrying any electronic cigarette, lighted cigar, cigarette, pipe, or other lighted tobacco product or any other lighted substance intended for smoking, whether otherwise legally possessed or consumed in any manner or in any form.
"SPORTS ARENA." Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events.
"VAPOR PRODUCT." Any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. "VAPOR PRODUCT" includes but is not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device. "VAPOR PRODUCT" does not include any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug and Cosmetic Act.
(B) Application of section to city-owned facilities. All facilities, including buildings and vehicles, that are owned, leased or otherwise operated by the city, shall be subject to the provisions of this section.
(C) Prohibition of smoking in public places. Smoking is prohibited in all public places as defined in division (A), above, within the city limits.
(D) Prohibition of smoking in places of employment. Smoking is prohibited in all enclosed places of employment. This prohibition includes, but is not limited to common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, maintenance areas, attics, crawl spaces, health care facilities, cafeterias, employee lounges, stairs, restrooms, and service lines within city limits.
(E) Prohibition of smoking in outdoor arenas and stadiums. Smoking is prohibited in all service lines and in the seating areas of all outdoor arenas, stadiums and amphitheaters within the city.
(F) Reasonable distance. Smoking is prohibited within a reasonable distance of not less than three (3) feet, from any outside entrance to or open windows of any area in which smoking is prohibited by this section and from the air intake of a ventilation system serving an enclosed area where smoking is prohibited, in order to insure tobacco smoke does not enter that enclosed area through entrances, windows, ventilation systems or other means.
(G) Where smoking not regulated. Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of divisions (C) and (D) above:
(1) Private residences and dwellings, except when used as a licensed childcare, adult day care or health care facility.
(2) Private clubs that employ from within or whose only employees are member volunteers; provided that when such clubs are being used for functions or on occasions to which the general public is invited, the prohibitions set out in divisions (C) and (D) shall apply.
(H) Declaration of establishment as nonsmoking. Nothing in this section may be construed as preventing an owner, operator, manager or other authorized person in control of any establishment, facility or outdoor area from declaring the entire campus or property associated with that establishment, facility or outdoor area smoke free. Enforcement of any such restrictions exceeding the scope of this section would be the responsibility of the authorized person in control of the affected establishment, facility or outdoor area.
(I) Enforcement.
(1) Enforcement of this section shall be the responsibility of any and all sworn law enforcement officers who may be assigned to work within the city, if so directed by their superiors. Enforcement shall be primarily done on a complaint basis but can be done at any time witnessed by an enforcement official.
(2) Notice of the provisions of this section shall be given to all applicants for a business license in the city by the appropriate clerk.
(3) Owners, managers, operators or employees of establishments regulated by this section shall inform persons seen violating this section of the requirements of this section. In the event an owner, manager, operator or employee of an establishment regulated by this section observes a person or persons violating this section, he or she shall immediately direct the person or persons in violation to extinguish the item being smoked.
(J) Other applicable laws. This section shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. 2014-40, passed 10-6-14) Penalty, see § 130.99