[R.O. 2011 § 260.010; Ord. No. 13-188 § 1, 10-1-2013]
This Chapter shall be known as "Smoking
and Non-Smoking Establishment Sign Regulations."
[R.O. 2011 § 260.030; Ord. No. 13-188 § 1, 10-1-2013]
The following words and phrases,
whenever used in this Chapter, shall be construed as defined in this
Section:
BUSINESS
A sole proprietorship, partnership, joint venture, corporation
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered; and private
clubs.
MARIJUANA or MARIHUANA
For purposes of Chapter
260 of the Code of Ordinances, the plant genus Cannabis, including Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the marijuana plant.
[Ord. No. 23-055, 5-16-2023]
PLACE OF EMPLOYMENT
An area under the control of a public or private employer
that employees normally frequent during the course of employment,
including, but not limited to, work areas, private offices, employee
lounges, restrooms, conference rooms, meeting rooms, classrooms, employee
cafeterias, hallways and vehicles. A private residence is not a "place
of employment" unless it is used as a licensed child-care, licensed
adult day-care or licensed health care facility.
PUBLIC PLACE
An enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, bars,
educational facilities, gaming facilities, health-care facilities,
hotels and motels, laundromats, public transportation vehicles and
facilities, reception areas, restaurants, retail food production and
marketing establishments, retail service establishments, retail stores,
shopping malls, sports arenas, theaters and waiting rooms. A private
residence is not a "public place" unless it is used as a licensed
child-care, licensed adult day care or licensed health care facility.
RESTAURANT
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which gives or offers for sale food to the public, guests or employees,
as well as kitchens and catering facilities in which food is prepared
on the premises for serving elsewhere. The term "restaurant" shall
include a bar area within the restaurant and outdoor seating areas.
SMOKING
Inhaling, exhaling, burning or carrying any ignited, lighted
or heated cigar, cigarette, pipe or other smoking product, equipment
or apparatus involving tobacco, marijuana or marihuana or other plant
material, or nicotine in any form, except shall not include a vapor
product.
[Ord. No.
15-051 § 1, 3-17-2015; Ord. No. 15-105 § 1, 5-19-2015; Ord.
No. 23-055, 5-16-2023]
VAPOR PRODUCT
Any non-combustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. Vapor product includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. Vapor product does not include any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means and does not include any vapor product, tobacco product or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter
V of the United States Food, Drug, and Cosmetic Act or any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco.
[Ord. No. 15-105§ 1, 5-19-2015]
[R.O. 2011 § 260.040; Ord. No. 13-188 § 1, 10-1-2013; Ord. No. 15-105§ 2, 5-19-2015]
An owner, operator, manager or other person in control of a business, place of employment, public place and restaurant shall post a sign conforming to the requirements of Section
260.050 that identifies the entire business, place of employment, public place or restaurant as a place where smoking or the use of vapor products is prohibited or smoking or the use of vapor products is permitted.
[R.O. 2011 § 260.050; Ord. No. 13-188 § 1, 10-1-2013; Ord.
No. 14-084 § 1, 4-15-2014; Ord. No. 15-105§ 3, 5-19-2015]
Every business, place of employment,
public place or restaurant shall be clearly and conspicuously posted
at every entrance with a sign clearly stating that smoking or the
use of vapor products is prohibited or that smoking or the use of
vapor products is permitted. For establishments that prohibit smoking
or the use of vapor products in certain areas of the establishment
and permit smoking or the use of vapor products in certain areas of
the establishment, each area of the establishment shall be clearly
and conspicuously posted at every entrance to the area where smoking
or the use of vapor products is prohibited or smoking or the use of
vapor products is permitted with a sign clearly stating that smoking
or the use of vapor products is prohibited or that smoking or the
use of vapor products is permitted. An establishment may, at its own
discretion, permit or prohibit smoking while at the same time permitting
or prohibiting the use of vapor products, so long as appropriate signage
is posted. Such signage shall consist of letters not less than one
(1) inch in height or the universal smoking or no-smoking symbol,
or similar symbols permitting or prohibiting the use of vapor products,
not less than two and one-half (2.5) inches by two and one-half (2.5)
inches when squared off.
[R.O. 2011 § 260.060; Ord. No. 13-188 § 1, 10-1-2013]
A. This Chapter shall not be interpreted or
construed to permit smoking where it is otherwise restricted by other
applicable laws.
B. The sign-posting requirements of this Chapter shall be exempt from the requirements of Chapter
400, Article
XVI, Sign Regulations, and Article
II, District Regulations, Division 2, "SD" Superimposed District Regulations, Sections
400.300 through
400.380.
[R.O. 2011 § 260.070; Ord. No. 13-188 § 1, 10-1-2013]
Violation of this Chapter is punishable under Section
100.150.
[R.O. 2011 § 260.080; Ord. No. 13-188 § 1, 10-1-2013]
If any provision, clause, sentence
or paragraph of this Chapter or the application thereof to any person
or circumstances shall be held invalid, that invalidity shall not
affect the other provisions of this Chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this Chapter are declared to be severable.