(A) Smoking shall be prohibited in all enclosed public places within the county, including, but not limited, to the following places:
(1) All means of public transit including taxis and buses, and all areas, including ticket, boarding and waiting areas;
(2) Public areas of aquariums, galleries, libraries and museums;
(3) Child care and adult day care facilities;
(4) Retail stores and tobacco businesses;
(5) All restaurants, bars, gaming facilities and private clubs;
(6) Every room, chamber, place of meeting or public assembly, including school buildings, under the control of any board, council, commission, committee, including joint committees or any political subdivision of the state;
(7) All patient rooms, waiting rooms and other public areas in health facilities, including, but not limited to, hospitals, clinics, pharmacies, physical therapy facilities, doctors’ offices and dentists’ offices;
(8) Enclosed shopping malls including indoor flea markets;
(9) All hotel and motels;
(10) Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing, homes and other multiple-unit residential facilities;
(11) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance;
(12) Sports arenas and convention halls, including bowling facilities;
(13) Polling places;
(14) Auction houses;
(15) All fire department facilities;
(16) All emergency medical services facilities; and
(17) Bingo operations.
(B) Smoking shall be prohibited in the following outdoor public places within the county:
(1) Outdoor service lines, ticketing areas and boarding areas;
(2) Concourse areas of stadiums and outdoor seating of recreational venues;
(3) Outdoor serving areas of restaurants;
(4) All outdoor property, including parking lots and sidewalks of healthcare facilities;
(5) Public parks, including pavilions;
(6) Playgrounds, golf courses and the like; and
(7) All areas of fairs and festivals with the exception of Health Department approved outdoor designated smoking areas.
(C) In any dispute arising under this chapter, the health concerns of the nonsmoker shall be given precedence.
(D) Designated outdoor smoking areas: to ensure the public access into public venues free from tobacco smoke exposure and to prevent tobacco smoke from entering protected areas, outdoor designated smoking areas shall occur at a distance of 20 feet or more outside any entrance, exit or ventilation units of any buildings or enclosed area where smoking is prohibited. This shall include fresh air intake area for the heating, ventilation, air-conditioning (HVAC) system of any building.
(Regulation eff. 9-1-2012) Penalty, see § 95.99