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Notwithstanding any other provision of this chapter, the following areas shall not be subject to the smoking restrictions of this chapter:
(a) Private residences, except when used as a child care, health care, or other care-providing facility required to be licensed as such by any governmental entity; and
(b) Hotel and motel rooms rented to guests.
(Ord. 1461, eff. November 12, 2015)
Signs saying "No Smoking" or displaying the international "No Smoking" symbol (consisting of a pictorial representation of a cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is prohibited by this chapter, by the owner, operator, manager or other person having control of or occupying such building or enclosed area. The posting of any sign allowing or encouraging smoking in such a place is prohibited. Any failure to comply in whole or in part with the requirements of this section shall not relieve any person or entity from any obligation to comply with any other provisions of this chapter applicable to such person or entity.
(Ord. 1461, eff. November 12, 2015)
No person or employer shall discharge, refuse to hire, discipline, or in any manner retaliate against any employee or applicant for employment because such employee or applicant claims or exercises any right to a smoke-free environment afforded by this chapter.
(Ord. 1461, eff. November 12, 2015)
(a) The tobacco control/education division of the department of public health shall have authority to communicate with employers and those having control of any place wherein smoking is regulated or prohibited pursuant to this chapter for the purposes of providing information, notifying of alleged violations of this chapter, informally attempting to resolve disputes that may arise hereunder, or otherwise implementing the provisions of this chapter in a manner not inconsistent with this chapter or any other laws.
(b) Any owner, manager, operator, or employee of any establishment regulated by this chapter may inform persons in violation of any provision of this chapter of the appropriate provisions thereof.
(c) The department of resource management shall verify, while an establishment is undergoing otherwise mandated inspections, that the posting requirements of Section 6-18.006 are met and may issue citations for violations of that section.
(d) This chapter may be enforced by the public health officer and his or her designees, who shall have the authority to issue citations pursuant to Section 6-18.009.
(Ord. 1461, eff. November 12, 2015)
(a) It is a violation of this chapter for any person who owns, manages, operates or otherwise controls the use of any enclosed area of a public place subject to regulation under this chapter to fail to comply with any applicable provision of this chapter. However, an owner, manager, operator or employee of an enclosed area described in Section 6-18.003(b) or (c) is not obligated to enforce the prohibition against smoking in the enclosed area as against a customer or other member of the public visiting the enclosed area, and the failure to enforce the prohibition shall not subject the owner, manager, operator or employee to prosecution under this chapter.
(b) It is a violation of this chapter for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
(c) Any person in violation of any provision of this chapter shall be guilty of an infraction, punishable by a civil fine not exceeding one hundred dollars for each violation.
(d) A separate offense is committed for each and every day, or part of a day, during which any violation is caused, committed, continued or permitted. Each offense is punishable separately from every other offense.
(Ord. 1461, eff. November 12, 2015)
The department of public health shall engage in a continuing program to explain and clarify the purposes and requirements of this chapter to persons affected by it, and to guide owners, operators, and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this chapter.
(Ord. 1461, eff. November 12, 2015)
(a) This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law.
(b) This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted in any establishment, facility, or location by any employer, owner, operator, manager, or other person who exercises control over such establishment, facility, or location.
(Ord. 1461, eff. November 12, 2015)
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or their application to any other person or circumstance.
(Ord. 1461, eff. November 12, 2015)
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