A.   Definitions:
CITY OWNED BUILDINGS, ENCLOSED: Includes, but are not limited to, such structures as city hall, the city fire hall, city maintenance buildings, the Whitefish branch of the Flathead County library, the I.A. O'Shaughnessy Cultural Arts Center, the city water treatment plant, the city sewage treatment facility, all enclosed buildings located in city parks, as well as all restrooms and concession stands.
CITY OWNED VEHICLES: Includes, but are not limited to, all types of wheeled or trucked vehicles used for any form of transportation such as automobiles, trucks, backhoes and snow removal or street maintenance equipment.
SMOKING: The act of lighting, smoking or carrying a lighted cigar, cigarette or pipe.
   B.   Prohibition:
      1.   Smoking is prohibited in all enclosed city owned buildings and city owned vehicles except as provided in this section. In order to prevent smoke from entering any entrances, windows, ventilation systems or other accesses, smoking is prohibited within an area twenty five feet (25') outside of any enclosed city owned building unless the individual that is smoking is on private property or in an enclosed vehicle. (Ord. 02-24, 7-15-2002; amd. Ord. 09-11, 8-3-2009)
      2.   It shall be unlawful for any person to carry or to smoke any kind of lighted tobacco containing pipe, cigarette, cigar, or to carry or smoke any other lighted smoking equipment using tobacco, and it shall be unlawful for any person to carry or use any other chewing, tasting or ingesting type of tobacco product anywhere on the property known as the Whitefish Emergency Services Center, located at 275 Flathead Avenue, and legally described as lot 6 of the Baker Commons subdivision, phase 2, including all buildings and enclosures, all outdoor grounds, parking lots, sidewalks, lawn and landscaped areas. This prohibition on the use, but not the carrying, of tobacco products shall apply to persons in vehicles driving on or parked on the Emergency Services Center property. (Ord. 09-11, 8-3-2009)
   C.   Exceptions: Actors performing in theatrical performances in the I.A. O'Shaughnessy Cultural Arts Center shall be exempt from the prohibition of this section if a written script calls for smoking by a character, but only to the extent called for by the written script. (Ord. 02-24, 7-15-2002)
   D.   Violation; Fine Or Penalty: Any person who violates any provision of this section shall be guilty of a misdemeanor offense punishable by a fine not exceeding one hundred dollars ($100.00) for each violation of this section. Incarceration is not a penalty. Any person who violates any provision of this section shall also be deemed to have committed a municipal infraction, punishable by a civil penalty not exceeding one hundred dollars ($100.00) for each violation. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa. Each day of violation is a separate violation. (Ord. 09-20, 10-19-2009)



1. See also section 9-1-5 of this code.