[R.O. 1996 § 245.280; CC 1968 § 10-39; Ord. No. 2137 § 1, 11-4-1991; Ord. No. 2146 §§ 1
— 3, 11-18-1991; Ord. No. 2185 § 1, 3-2-1992; Ord. No. 4134 § 1, 2-4-2008; Ord. No. 4168 § 1, 7-7-2008]
A.
Legislative Intent.
1.
Numerous studies have found that
tobacco smoke is a major contributor to indoor air pollution, and
that breathing secondhand smoke (also known as "environmental tobacco
smoke") is a cause of disease in smokers and healthy non-smokers alike,
including heart disease, stroke, respiratory disease and lung cancer.
The National Cancer Institute determined in 1999 that secondhand smoke
is responsible for the early deaths of at least sixty-five thousand
(65,000) Americans annually. [National Cancer Institute (NCI), "Health
effects of exposure to environmental tobacco smoke: the report of
the California Environmental Protection Agency. Smoking and Tobacco
Control, Monograph 10" Bethesda, MD: National Institutes of Health,
National Cancer Institute (NCI), August 1999.]
2.
The Public Health Service's National
Toxicology Program has listed secondhand smoke as a Class "A" carcinogen
(the deadliest). [Environmental Health Information Service (EHIS),
"Environmental tobacco smoke: first listed in the Ninth Report on
Carcinogens," United States Department of Health and Human Services
(DHHS), Public Health Service, National Toxicology Program, 2000.]
3.
The United States Surgeon General
has determined that the simple separation of smokers and non-smokers
within the same air space may reduce odors, but does not eliminate
the exposure of non-smokers to dangerous secondhand smoke. (Department
of Health and Human Services. The Health Consequences of Involuntary
Smoking: A Report of the Surgeon General. Public Health Service, Centers
for Disease Control, 1986.) The Environmental Protection Agency has
determined that secondhand smoke cannot be reduced to safe levels
in any enclosed space by high rates of ventilation. Air cleaners,
which are only capable of filtering the particulate matter and odors
in smoke, do not eliminate the known toxins in secondhand smoke. [Environmental
Protection Agency (EPA), "Indoor air facts no. 5: environmental tobacco
smoke," Washington, D.C.: Environmental Protection Agency (EPA), June
1989.]
4.
The City Council hereby finds that
the effects of smoke generated by the smoking of cigarettes, cigars,
pipes and similar articles, including marijuana, pose a danger to
the health, safety and well-being of persons who do not smoke.
[Ord. No. 5184, 1-17-2023]
5.
The City Council further finds that
the Surgeon General's 1984 and 1986 reports on smoking hazards link
high levels of involuntary smoke exposure to reduced breathing ability
in passive smokers and other health dangers, and therefore further
buttresses the need to provide protection to non-smokers in public
settings.
6.
The City Council further finds that
the smoking of tobacco and marijuana is a positive danger to health
and a cause of material annoyance, inconvenience and discomfort to
those who are present in confined places.
[Ord. No. 5184, 1-17-2023]
7.
Therefore, the purpose of this Section
is to place limitations on smoking within certain areas in the City
while striking a reasonable balance between the needs of all individuals
including those too young to make choices where they go and to what
they are subjected.
B.
ENCLOSED
INDOOR SERVICE LINE
PERSON
PLACE OF EMPLOYMENT
PUBLIC AREA
SMOKING (SMOKE)
Certain Definitions. The following words,
when used in this Section, shall have these prescribed meanings:
Closed in by a roof and four (4) walls with appropriate openings
for ingress and egress and is not intended to mean areas commonly
described as public lobbies.
A checkout line, a cash register, a place where credit cards
are accepted, a place where payments for goods or services are accepted
or a line where a cashier consummates transactions. Businesses containing
such a line would include, but not be limited to, such retail or public
establishments as restaurants, grocery stores, supermarkets, department
stores, clothing stores, shoe stores, banks and the like.
Any natural person, corporation, unincorporated association,
firm, partnership, joint venture, joint stock association or other
business organization or entity of any kind.
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, employee lounges, restrooms,
conference rooms, meeting rooms, classrooms, employee cafeterias,
hallways and vehicles, if said vehicle contains more than one (1)
employee. A private residence is not a "place of employment" unless
it is used as a child care, adult day care or health care facility
and then only during such time as it is so used.
All areas in which the public is permitted. A place is not
a public area and is not open to the public if access is available
only to members and their guests.
The combustion of any cigarette, cigar, tobacco, other tobacco
products, weed, filler or plant of any kind or any similar article
or similar combustible substance, including marijuana and all forms
of marijuana, in any manner or in any form in a cigarette, cigar,
pipe, hookah or water pipe or the possession of lighted smoking materials
in any form as described aforesaid, including, but not limited to,
the possession of lighted cigarettes, cigars, pipes or other tobacco
products or materials as described aforesaid.
[Ord. No. 5184, 1-17-2023]
C.
Limitations On Smoking.
1.
All smoking is prohibited in health
care facilities, including waiting rooms, public hallways and lobbies.
2.
Smoking is prohibited in City building
facilities. In addition, smoking is prohibited in other places of
public assembly in which City business is conducted, including hearing
rooms, conference rooms and meeting rooms which require or provide
direct participation or observation by the general public.
3.
Smoking is prohibited in all areas
of every publicly or privately owned building or enclosed facility
which is open to the public for the primary purpose of exhibiting
any motion picture, stage drama, musical recital, athletic event or
any other performance or event. Every theater owner and/or manager
shall post signs conspicuously in the lobby stating that smoking is
prohibited within the theater and auditorium.
4.
Smoking is prohibited in all public
areas of all retail or other public establishments which have one
(1) or more indoor service lines; any area accessible to the public
within a commercial establishment, including, but not limited to,
banks, office buildings, offices and stores that retail gasoline products
or food items for preparation by the consumer at a location other
than the store; and any area serving as a place of employment, provided
however, this prohibition shall not be applicable to:
a.
A retail establishment where more
than fifty percent (50%) of the volume of trade or business carried
on is that of the blending of tobaccos or sale of tobaccos, pipes,
cigars or smokers' sundries.
b.
Businesses that are licensed by the
City to sell liquor by the drink for consumption on the premises,
and:
c.
Private residences, except when used
as a child care, adult care or health care facility in the areas so
used during the time they are so used.
d.
Private clubs.
e.
Outside eating area(s) at any restaurant.
f.
Limousines for hire and taxicabs,
where the driver and all passengers affirmatively consent to smoking
in such vehicle.
g.
Performers upon the stage, provided
the smoking is required part of a theatrical production.
h.
Any property owned or leased by a
State or Federal governmental agency.
i.
Hotel and motel rooms rented to guests
that are designated as smoking rooms; provided, however, that not
more than twenty percent (20%) of rooms rented to guests in a hotel
or motel may be so designated.
j.
Private and semiprivate rooms in
nursing homes and long-term care facilities that are occupied by one
(1) or more persons, all of whom are smokers and have requested to
the management thereof in writing to be placed in a room where smoking
is permitted.
k.
Outdoor areas of places of employment.
5.
Smoking is prohibited in every publicly or privately owned restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop, soda fountain or other eating establishment serving food (including bars and restaurant/bars) that is open to the public unless excepted pursuant to Subsection (C)(4)(b).
6.
Smoking is prohibited in gymnasiums,
libraries or facilities enclosing indoor swimming pools that are open
to the public.
7.
Smoking is prohibited in educational
institutions.
8.
Notwithstanding the provisions of this Article, any owner or person in charge of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a non-smoking place and put up signage so stating. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Subsection (E)(1) is posted.
D.
No person or employer shall discharge,
refuse to hire or in any manner retaliate against an employee, applicant
for employment or customer because that employee, applicant or customer
exercises any rights afforded by this Article or reports or attempts
to prosecute a violation of this Article.
E.
Posting Of Signs And Removal Of Smoking
Paraphernalia.
1.
"No smoking" signs containing all
capital lettering not less than one-half (1/2) inch in height on a
contrasting background or the international "no smoking" symbol [consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it at least one and one-half (1.5)
inches in height] shall be clearly and conspicuously posted in every
public place and place of employment where smoking is prohibited by
this Article, by the owner, operator, manager or other person in control
of that place.
2.
Every public place and place of employment
where smoking is prohibited by this Article shall have posted at every
entrance a conspicuous sign clearly stating that smoking is prohibited.
3.
All ashtrays and other smoking paraphernalia
shall be removed from any area where smoking is prohibited by this
Article by the owner, operator, manager or other person having control
of the area.
4.
"Smoking" signs containing all capital lettering not less than one-half (1/2) inch in height on a contrasting background stating WARNING — SMOKING IS PERMITTED ON THESE PREMISES shall be clearly and conspicuously posted in every public place and place where smoking is allowed by Subsections (C)(4)(a), (b), (i) and (j), by the owner, operator, manager or other person in control of that place.
F.
Penalties For Violation. Any person who violates any of the provisions of this Section by smoking is guilty of an infraction and upon conviction thereof shall be punished as set forth in Section 100.080. Any business owner, operator, manager, employee or other person in control of the establishment where smoking is prohibited who violates any of the provisions of this Section is guilty of an infraction and upon conviction thereof shall be punished as set forth in Section 100.080; a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
G.
Smoking Unlawful — Enforcement. It shall be unlawful for any person to smoke in an area where smoking is prohibited. It shall also be unlawful for any employee, agent, manager or owner of a "person," as defined in Subsection (B), to not notify any person smoking in an area where smoking is prohibited that this Section makes smoking in that area unlawful.
H.
In addition to the fines established by Subsection (F), violation of this Article by a person who owns, manages, operates or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person by the City for the premises on which the violation occurred.
