(A) A person commits an offense under this section if he smokes in any of the following indoor or enclosed areas:
(1) An elevator used or which may be used by the public.
(2) A hospital or nursing home corridor providing direct access to patients' rooms.
(3) Any conference room, meeting room, or public service area of any facility operated by the city; except those conference rooms and meeting rooms that are not generally open to the public.
(4) Any public restrooms.
(5) Any essential services to include grocery stores, convenience stores, drugstores and financial institutions.
(6) Any service line of all retail and service establishments.
(7) An area marked with a “No Smoking” sign by the owner or person in control of a hospital, nursing home, or retail or service establishment serving the general public.
(8) Any facility of a primary or secondary school; or an enclosed theater, motion picture theater, library, museum, and transportation vehicles, such as buses and taxicabs; except on chartered buses for private hire or in taxicabs clearly designated by the operator to permit smoking.
(9) Any facility owned by the City of Yuma, including the Desert Hills Golf Course Clubhouse (Putter Inn) Bar and Restaurant areas and the Yuma Civic Center.
(B) The owner or person in control of an establishment or area designated in division (A) of this section shall post a sign, conspicuous to ordinary public view, at or near each public entrance to the establishment. The sign shall contain the words “No Smoking Except in Designated Areas” and include the city code number, the universal symbol for no smoking, or other language than clearly prohibits smoking.
(C) Every hospital shall:
(1) Allow all patients, prior to elective admission, to choose to be in a no-smoking patient room; and
(2) Require that employees or visitors obtain express approval from all patients in a patient room prior to smoking.
(D) It is a defense to prosecution under this section if the person was smoking:
(1) In a location that is a designated smoking area of a facility or establishment described in subdivision (A)(5) or (A)(6) of this section which is posted as a designated smoking area with appropriate signs.
(2) In a location that is an administrative area or office area of an establishment described in subdivisions (A)(5) or (A)(8) of this section.
(3) In a location that is a retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements.
(4) In a retail or service establishment which is a food establishment regulated by § 135-03.
(5) As a participant in an authorized theatrical performance.
(6) In a situation in which the person is present at an event in which an entire room or hall is used for a social function by a private entity or individual and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place, except in a city-owned facility. However, the sponsor of the social function may designate a smoking area or prohibit smoking entirely.
(7) In bowling lanes, billiard rooms and bars, except where located in city-owned facilities.
(8) In a hotel, motel and private rooms rented to guests.
('80 Code, § 19-62) (Ord. 2368, passed 8-19-87; Ord. 2475, passed 12-20-89; Ord. O2004-68, passed 11-17-04) Penalty, see § 135-99