(a)   Each employer who operates an office in the city shall, within three months of the adoption of this chapter (Ordinance 85-75, passed 10-24-1985), adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements:
      (1)   Any nonsmoking employee may object, in writing, to his or her employer about smoke in the workplace. Using already available means of ventilation or separation or partition of office space, the employer shall attempt to arrange an environment in which there is a location where the nonsmoker works which is smoke-free. The employer, however, is not required to make any expenditures for structural changes to accommodate the preferences of nonsmoking or smoking employees.
      (2)   If an arrangement complying with subsection (a)(1) of this section cannot be reached in any given office workplace, the employer shall prohibit smoking in such office workplace. Where the employer prohibits smoking in an office workplace, the area in which smoking is prohibited shall be clearly marked with signs.
   (b)   Whoever violates or fails to comply with this section is guilty of a minor misdemeanor.
(Ord. 85-75, passed 10-24-1985)