131.23: SMOKE FREE CITY OWNED/OPERATED PROPERTY:
   A.   Definitions: The following, words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
    INDOOR AREA: Any indoor City owned/operated property. An indoor area includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees or the public, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor areas at any given time, whether or not work is being performed.
   OUTDOOR AREA: Any covered area, partially covered area or area open to the sky that is on a property owned or operated by the City.
   RECREATIONAL AREA: Any area that is owned, controlled or used by the City and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller and ice skating rinks, beaches surrounding lakes and skateboard parks.
   SMOKE FREE: To prohibit the use of combustible tobacco and marijuana products by anyone, anywhere, at any time.
   SMOKING: The carrying by a person of a lighted cigar, cigarette, pipe or other lighted smoking device. (Ord. 1607, 12-1-2014; amd. Ord. 1671, 8-6-2018)
   B.   Prohibition Of Smoking On City Owned/Operated Property:
      1.   The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the City. (Ord. 1607, 12-1-2014)
      2.   The possession of lighted marijuana in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor or outdoor areas owned or operated by the City. (Ord. 1671, 8-6-2018)
      3.   All building and other properties, including indoor and outdoor areas, owned or operated by the City, shall be entirely smoke free.
      4.   All indoor and outdoor recreational areas owned or operated by the City, shall be entirely smoke free. (Ord. 1607, 12-1-2014; amd. Ord. 1671, 8-6-2018)
   C.   Posting:
      1.   The City shall be responsible for posting a sign or decal, at least four inches by two inches (4" x 2") in size, at each entrance of City owned/operated property indicating the property is smoke free.
      2.   The posting of signs or decals shall be the responsibility of the Director and/or supervisor of the City owned/operated facility.
   D.   Enforcement: The City shall, at minimum, do the following in order to prevent smoking in City owned/operated places:
      1.   Post signs at entrances to the City owned/operated places which state that smoking is prohibited; and
      2.   Ask smokers to refrain from smoking upon observation of anyone violating the provisions of this Act.
   E.   Penalty: Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine as set by the City. (Ord. 1607, 12-1-2014)