(a) Smoking Prohibited. Except as provided in Section 1755.04, the possession of lighted smoking materials in any form is prohibited in any of the following enclosed public spaces, excluding portions to which members of the general public are not normally invited:
(1) Retail stores and retail service establishments including, but not limited to, grocery stores, specialty stores, department stores, pharmacies, automobile dealerships, showrooms, banks, professional offices, service stations, repair or maintenance stores, cleaners and laundromats;
(2) Vehicles of public transportation including, but not limited to, trains, buses, minivans, courtesy vehicles and associated terminals;
(3) Enclosed theaters, auditoriums, concert halls, arenas and public meeting rooms except the lobbies (listed in subsection (b) hereof) associated with such establishments;
(4) Elevators, stairwells, escalators and hallways;
(5) Indoor service lines;
(6) Public restrooms;
(7) Courtrooms, jury waiting rooms and deliberation rooms;
(8) Gymnasiums, exercise rooms and health spas;
(9) Libraries and educational facilities;
(10) Places of exhibition including, but not limited to museums, aquariums and galleries;
(11) Polling places.
(b) Smoking Prohibited Except in Designated Sections: Except as provided in Sections 1755.04 and 1755.05, the possession of lighted smoking materials in any form is prohibited in any enclosed public places not identified in subsection (a) hereof, excluding portions to which members of the general public are not normally invited, including, but not limited to:
(1) Eating establishments;
(2) Hotels and motels, including rooms rented to guests;
(3) Indoor places of entertainment and recreation including, but not limited to, roller and ice skating rinks, dance halls, swimming pools and bingo halls;
(4) Enclosed shopping centers and malls except retail stores and retail service establishments (listed in subsection (a) hereof);
(5) Waiting areas and lobbies as long as these areas are so designed to insure adequate space to accommodate both smoking and nonsmoking areas which are noncontiguous, and ventilation is adequate in preventing contamination of nonsmoking areas. Smoking areas shall be placed in such a manner to insure that nonsmokers are not required to traverse smoking areas to reach their final destination;
(6) Buildings and enclosed structures (or any portion thereof) owned, leased or operated by the City;
(7) Any other enclosed indoor area used by members of the general public.
(c) Health-care Facilities. Health-care facilities, due to their unique nature and needs required to adequately serve their patients, employees and the general public, have the authority to establish and regulate their own smoking policies, as long as such policies do not conflict with the intent of this chapter and are as restrictive as those within this chapter.
(d) Responsibility of Proprietors. The proprietor of a place within subsections (a) and (b) hereof shall utilize their best efforts to ensure that the provisions of the subsection 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 establishment where smoking is regulated by this chapter in such manner as to give adequate notice to members of the general public according to the following guidelines:
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 enclosed 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. In the case of enclosed motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
C. At indoor service lines, signs indicating that smoking is prohibited shall be visible to people in such lines.
D. In eating establishments 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. In hotels and motels, a sign indicating that no-smoking rooms are available shall be posted at the registration area.
F. Signs indicating that smoking is prohibited in elevators, 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 1755.05, seating shall be arranged to provide a smoke-free area; 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 patron shall be asked as to his or her preference.
(3) Ashtrays. Ashtrays shall be removed from areas where smoking is prohibited except that an ashtray may be placed by the entrance of a no-smoking area provided that such area is clearly marked as a no-smoking area.
(4) Enforcement. Smokers may be affirmatively directed to designated smoking areas and persons smoking in violation of this chapter may be requested to stop.
(5) Balancing rights. In any dispute arising under this section, the rights of nonsmokers shall be given priority consideration, and resolution of such conflicts shall be made according to the intent of this chapter.
(Res. 131. Passed 6-24-92.)