(a) Smoking in Places of Public Assembly. No person, in any theater, auditorium, gymnasium, tent or other place of public assembly, at which are in attendance twenty-five or more persons, or in any of the carpeted hallways leading thereto, shall smoke or carry a lighted cigar, cigarette, pipe or match. However, the foregoing provisions shall not apply to designated smoking areas, restrooms or executive offices located in such places of public assembly.
No person shall smoke in any motion picture projection booth.
Nothing in this section shall be deemed to apply to restaurants, bars and night clubs.
(b) Smoking in Retail Stores. No person, in any retail store designed and arranged to accommodate the general public, shall smoke or carry a lighted cigar, cigarette, pipe or match. However, the prohibition as herein set forth shall not apply to any designated smoking areas, restrooms, restaurants, executive offices, beauty parlors or barber shops located in such retail stores. Nothing in this section shall prohibit the use of acetylene, propane or blow torches, electric arc welders or any other spark or flame generating tools used in construction or remodeling of the premises if proper safety precautions are taken.
(c) Careless Smoking; Fires.
(1) No person shall, in any hotel, motel, lodging house, convalescent home, hospital, child care facility or any similar facility, through carelessness, neglect or negligence in smoking, set fire to or cause burning to any bedding, furniture, rug, curtain, drape or other household furnishing or fitting or any other part of the aforesaid buildings or premises.
(2) The manager, owner or lessee of any hotel, motel or lodging house shall post the provisions of this section in a conspicuous place in each room occupied by guests, and the manager, owner, lessee, operator or administrator of any convalescent home, hospital, child care facility or any similar facility shall post the provisions of this section in conspicuous places on the premises.
(Ord. 1971-3. Passed 4-5-71.)
(d) Smoking on public properties owned by the Village.
(1) Council for the Village of Yellow Springs does hereby limit the use of tobacco products to specific, designated places on all properties owned by the Village of Yellow Springs.
(2) The Village Manager is hereby directed to ensure that designated smoking areas are located on all Village-owned properties where feasible, with the understanding that some properties are too small to accommodate such a space and that the use of any tobacco product shall be prohibited on those properties. The Village Manager is further directed to ensure that all Village-owned properties are properly signed to indicate this limitation and to designate such specific smoking areas.
(3) Citizen complaints of violations of this subsection (d) may be directed to the Yellow Springs Police Department, or to the Village department charged with management or care of any Village owned property. It is desired that complaints be resolved by warnings whenever possible. Violations of the prohibition against smoking on publicly owned property shall be prosecuted under the appropriate subsection of this Section 660.13.
(Ord. 2017-27. Passed 10-16-17.)
(e) Penalty.
(1) Whoever violates any of the provisions of division (a) or (b) of this section is guilty of a minor misdemeanor.
(2) Whoever violates any of the provisions of division (c) of this section is guilty of a misdemeanor of the third degree.