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   1755.05 DESIGNATION OF SMOKING AREAS.
   Smoking areas may be designated in accordance with the provisions of this section by proprietors or employers in charge of places within Sections 1755.02(b) and 1755.03(c), except where specifically prohibited by this chapter or otherwise prohibited by law. These designated smoking areas shall not be directly in the path of the general access, ingress and egress to the building establishments, shall be adequately ventilated and posted accordingly.
(a)   Number and Size. No more than fifty percent (50%) of the total floor space of any establishment, or portion thereof, except eating establishments and hotel and motel rooms rented to guests, within Section 1755.02(b) or 1755.03(c), may be designated as a smoking area. In the case of establishments consisting of a single room, no more than fifty percent (50%) of the room may be designated as a smoking area. In the case of establishments consisting of more than one room, no more than fifty percent (50%) of the rooms may be designated as smoking areas. In all cases, adequate ventilation and barriers shall separate the smoking from the nonsmoking areas. Hotels and motels shall set aside a sufficient number of no-smoking guest rooms to meet customer demand.
(b)   Barriers and Ventilations. Smoking areas may be designated using existing barriers and ventilation systems to the maximum extent practicable to minimize the migration of sidestream smoke to adjacent no-smoking areas. Where modifications are made to such establishments for other reasons, barriers and ventilation systems shall be modified to exclude sidestream smoke from migrating into no-smoking areas.
(c)   Prohibition Permitted. This section shall not be interpreted or construed to require persons in charge of places within Sections 1755.02(b) or 1755.03(c) to provide smoking areas. Notwithstanding any other provision of this chapter, any proprietor or employer in charge of an establishment may declare that entire establishment as a smoke-free environment.
      (Res. 131. Passed 6-24-92.)
   1755.06 ENFORCEMENT.
   Enforcement Agency. Enforcement shall be implemented by the Board of Health, which shall:
(a)   Establish a telephone number through which all complaints by residents relating to violations of this chapter may be directed or referred. A record of each complainant's name, address and telephone number shall be maintained and the existence of the facts stated in each complaint shall be verified before any action is taken;
(b)   Require, while an establishment is undergoing otherwise mandated inspections, a self-certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. Other departments conducting otherwise mandated inspections shall cooperate with the Board of Health in obtaining such self-certifications;
(c)   For establishments found out of compliance with this chapter or receiving repeated, verified resident complaints:
(1)   Provide to the proprietor or employer a copy of the provisions of this chapter and such advisory assistance to rectify future violations as may be necessary to achieve compliance with the provisions of this chapter;
(2)   Follow up such investigation and advice with a written directive explaining in detail the steps required in order to achieve future compliance with the provisions of this chapter; and
(3)   If the violations do not cease within thirty days, request commencement of a civil and/or criminal proceeding by the Director of Law as may be appropriate pursuant to the provisions of Section 1755.99.
         (Res. 131. Passed 6-24-92.)
   1755.07 BOARD OF EDUCATION FACILITIES.
   The City Board of Education is authorized to institute policies and regulations to govern smoking by Board employees at facilities under their control. Such policies and regulations shall balance the rights of both smokers and nonsmokers, if so desired, and shall comply with the intent of this chapter. Such policies and regulations shall be at least as restrictive as those in this chapter, shall carry the full effect of this Board resolution, and shall be enforceable as such.
(Res. 131. Passed 6-24-92.)
   1755.08 GOVERNMENT AGENCY COOPERATION.
   The Health Commissioner, or designated agent, shall request such governmental and other educational agencies having offices and/or facilities within the Health District to establish local operating procedures to cooperate and comply with this chapter, shall urge enforcement of their existing smoking regulations and, whenever necessary, mandate the requirements of this chapter.
(Res. 131. Passed 6-24-92.)
   1755.09 RELATION TO OTHER LAW AND TO EXISTING LAW.
   (a)   This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by law.
   (b)   This chapter shall not be interpreted or construed to negate policies and regulations already in effect at establishments, so long as such policies and regulations are at least as restrictive as those in this chapter.
   (c)   This chapter shall not be interpreted or construed to prohibit or preclude establishments from developing and instituting policies and regulations more restrictive than those in this chapter.
(Res. 131. Passed 6-24-92.)
   1755.99 PENALTY.
   (a)   No person or organization who owns, manages, operates or otherwise controls the use of any establishment subject to the restrictions of this chapter shall fail to comply with its provisions.
   (b)   No person shall smoke in any area restricted by the provisions of this chapter.
   (c)   Whoever violates any provision of this chapter is guilty of a minor misdemeanor.
   (d)   Each day on which a violation of any provision of this chapter occurs is a separate and distinct offense and shall be punishable as such.
(Res. 131. Passed 6-24-92.)