As used in this Article, the following words shall have the
meanings indicated:
SMOKING
Inhaling and puffing out the smoke of burning tobacco and/or
a substitute therefor and also the carrying of burning tobacco or
a substitute therefor in any form, whether in the form of a cigarette,
electronic cigarette, cigar or any other fire- and/or smoke-producing
device, including pipes.
[Amended 1-20-2015]
Smoking shall be unlawful for any person in and/or upon the
following conveyances, places, premises, buildings, structures or
specified areas thereof:
A. Public transportation vehicles and conveyances, excluding taxicabs
and railroad trains.
B. Retail and wholesale stores having a ground floor area of 10,000
square feet or more or having store accommodations over two stories
in height above the curb level, excluding rest rooms, restaurants,
executive offices, beauty parlors, barbershops or areas designated
by written permission of the Bureau of Fire Prevention.
C. Schools while in session; excluding schools above secondary educational
levels, rooms classified as faculty rooms, principals' offices
and areas designated by written permission of the Bureau of Fire Prevention.
D. Theaters, one hour prior to, during and one hour after occupancy
for a theatrical or operatic performance; excluding outer lobbies,
loges and rest rooms or areas designated by written permission of
the Bureau of Fire Prevention.
E. Motion-picture theaters, one hour prior to, during and one hour after the exhibition of motion pictures, including the restrictions under Subsection
D of this section, and excluding outer lobbies, loges and rest rooms or areas designated by written permission of the Bureau of Fire Prevention.
F. Tents exceeding 1,000 square feet, excluding tents used on private
property for social functions and funeral purposes at cemeteries.
H. Woodworking shops, planing mills, lumber-drying rooms or lumberyards.
I. Dry-cleaning or dyeing plants or establishments using flammable solvents.
J. Rooms or areas of buildings on premises in which flammable liquids,
flammable gases or explosives are manufactured, used or stored.
K. Motion-picture projection booths or places for storage of motion-picture
film, including safety film.
L. Paint shops or paint-manufacturing establishments using flammable
liquids, flammable solvents, flammable paints, public storage or repair
garages, stables or aircraft hangars, excluding open-air storage garages
of fireproof construction having a minimum of two-thirds (2/3) of
the exterior wall area open to the outdoors.
M. Rooms or portions of a building in which sawdust, loose paper, straw
or combustible packing materials, including upholstering materials,
are stored or used.
N. In any area of piers, wharves, warehouses, stores, industrial plants,
institutions, places of assembly and in open spaces where combustible
materials are stored or handled, including those outlined above, which,
upon investigation, the Bureau of Fire Prevention finds that conditions
are such as to make smoking a hazard and shall order the owner or
occupant or agent to post "no smoking" signs in each building, structure,
room or place in which smoking shall be prohibited. The Bureau of
Fire Prevention shall designate specific safe locations, if necessary,
in any building, structure or place where smoking shall be permitted.