[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]
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.]
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.]
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.]
The City Council hereby finds that the effects of smoke generated by the smoking of cigarettes, cigars, pipes and similar articles pose a danger to the health, safety and well-being of persons who do not smoke.
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.
The City Council further finds that the smoking of tobacco is a positive danger to health and a cause of material annoyance, inconvenience and discomfort to those who are present in confined places.
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.
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.
- INDOOR SERVICE LINE
- 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.
- 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, 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.
- PUBLIC AREA
- 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.
- SMOKING (SMOKE)
- 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 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.
Limitations On Smoking.
All smoking is prohibited in health care facilities, including waiting rooms, public hallways and lobbies.
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.
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.
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 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.
Businesses that are licensed by the City to sell liquor by the drink for consumption on the premises, and:
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.
Outside eating area(s) at any restaurant.
Limousines for hire and taxicabs, where the driver and all passengers affirmatively consent to smoking in such vehicle.
Performers upon the stage, provided the smoking is required part of a theatrical production.
Any property owned or leased by a State or Federal governmental agency.
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.
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.
Outdoor areas of places of employment.
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).
Smoking is prohibited in gymnasiums, libraries or facilities enclosing indoor swimming pools that are open to the public.
Smoking is prohibited in educational institutions.
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.
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.
Posting Of Signs And Removal Of Smoking Paraphernalia.
"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.
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.
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.
"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.
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.
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.
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.