Section
131.01 Purpose
131.02 Definitions
131.03 Application of chapter to city-owned and operated facilities
131.04 Smoking prohibited in public places
131.05 Prohibition of smoking in places of employment
131.06 Reasonable distance
131.07 Where smoking is not regulated
131.08 Declaration of establishment as smoking
131.09 Posting of signs
131.10 Change of status
131.11 Enforcement
131.12 Nonretaliation
131.13 Other applicable laws
131.14 Chapter to be broadly interpreted
131.99 Penalty
It is hereby declared, as a matter of public policy of the city, that the city finds and declares that the purposes of this chapter are:
(A) To protect the public health and welfare by prohibiting smoking in public places, and places of employment; and
(B) To recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
(Prior Code, § 43-31) (Ord. 09-09, passed 9-14-2009)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BAR. An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets and designated cigar bars.
ENCLOSED AREA. All space between a floor and a ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling, including, but not limited to, elevators, lobbies, hallways and other common areas in buildings, restrooms, lobbies, reception areas, rooms, chambers and buildings.
PERSON. Any individual, firm, partnership, association, corporation, company or organization of any kind.
PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer in which employees normally work or frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways, bars and restaurants.
PRIVATE CLUB. An organization, whether incorporated or not, which is the owner, lessee or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. § 501.
PUBLIC PLACE. Any area used by the general public, including, but not limited to, schools, private clubs, retail stores and financial institutions, department stores, banks, laundromats, beauty and barber shops, retail food production and marketing establishments, restaurants, retail service establishments, all outdoor arenas, stadiums and amphitheaters and other commercial establishments, regardless of whether a fee is charged for admission.
RESTAURANT. An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term RESTAURANT shall include a bar area within the restaurant.
SMOKE or SMOKING. The act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.
(Prior Code, § 43-32) (Ord. 09-09, passed 9-14-2009)
All city-owned or operated facilities, including but not limited to, buildings and surrounding grounds, vehicles owned, leased, or operated by the city, parks, trails, parking lots as well as any city-sponsored event wherever located within the city limits, shall be subject to the provisions of this chapter.
(Prior Code, § 43-33) (Ord. 09-09, passed 9-14-2009)
Smoking shall be prohibited in all public places within the city, including any outdoor area within a reasonable distance of a regulated area.
(Prior Code, § 43-34) (Ord. 09-09, passed 9-14-2009) Penalty, see § 131.99
Smoking shall be prohibited in all enclosed areas within places of employment. This includes, but is not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.
(Prior Code, § 43-35) (Ord. 09-09, passed 9-14-2009) Penalty, see § 131.99
Smoking shall be prohibited within a reasonable distance from any area where smoking is prohibited by this chapter, so as to insure tobacco smoke does not enter into establishments designated as smoke-free under this chapter through entrances, windows, ventilation intakes or other means. In no event shall a distance less than 20 feet be deemed reasonable.
(Prior Code, § 43-36) (Ord. 09-09, passed 9-14-2009) Penalty, see § 131.99
The prohibitions of § 131.04 shall not apply to the following:
(A) Private residences, except when used as a licensed childcare, adult day care or health care facility;
(B) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that not more than 20% of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(C) Any restaurant or bar open to the public that prohibits patrons less than 21 years of age and employs no persons less than 21 years of age;
(D) Any outdoor area a reasonable distance from any regulated area;
(E) Any work vehicle used in the course of employment in which the driver is the only occupant and the employer does not object to smoking in the vehicle; and
(F) Private clubs that prohibits patrons less than 21 years of age and employs no persons less than 21 years of age.
(Prior Code, § 43-37) (Ord. 09-09, passed 9-14-2009)
Any restaurant, bar or private club that elects to allow smoking pursuant to the conditions contained herein shall inform the Director of Community Development of their decision in writing prior to allowing smoking under § 131.07.
(Prior Code, § 43-38) (Ord. 09-09, passed 9-14-2009)
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