[Ord. No. 88-12, 9-12-1988]
The City Council recognizes the increasing evidence that smoke
creates a danger to the health of some citizens and is a cause of
annoyance and physical discomfort to those who are in confined spaces
where smoke is present. The purpose and intent of this chapter are
to promote the public health, safety and general welfare by prohibiting
smoking in public places, except in designated areas, and to strike
a reasonable balance between the desires of persons who smoke and
the desires of nonsmokers to breathe smoke-free air.
[Ord. No. 88-12, 9-12-1988]
The words and phrases set forth in this section shall, for the
purposes of this chapter, have the meanings respectively ascribed
to them in this section:
An area or a room utilized primarily for the sale of alcoholic
beverages for consumption by patrons on the premises and in which
the sale of food is merely incidental to the sale of alcoholic beverages.
Although a restaurant may contain a bar, the term "bar" shall not
encompass an entire restaurant or any dining area.
An enclosed area available for use by or accessible to the
general public during the normal course of business conducted by either
private or public entities.
Any building, structure or area used as, maintained as, or
advertised as, or held out to the public to be an establishment where
food is made available to be consumed on the premises.
Any establishment which offers goods or services for sale
to the general public.
The carrying or holding of a lighted pipe, cigar or cigarette
of any kind, or any other lighted smoking equipment, or lighting,
inhaling or exhaling the smoke of a pipe, cigar or cigarette of any
kind.
[Ord. No. 88-12, 9-12-1988; amended by Ord. of 6-22-1998(1)]
(a)
Smoking shall be prohibited in the following public places:
(1)
Retail and service establishments and financial institutions
serving the general public, including but not limited to any department
store, grocery store, drugstore, clothing store, shoe store, hardware
store, bank, savings and loan, hair salon or barbershop.
(2)
Indoor service lines, cashier areas and counter service areas.
(3)
Waiting rooms, lobbies, wards, hallways, exterior areas within
25 feet of entrances and exits, and other public areas of health care
facilities, including but not limited to hospitals, clinics, and physicians'
and dentists' offices.
(4)
All rooms in which meetings and/or hearings are open to the
public.
(5)
Museums, libraries and galleries.
(6)
Places of entertainment, such as theatres, concert halls, gymnasiums,
auditoriums, and enclosed arenas; however, smoking may be permitted
in those areas commonly known as lobbies.
(7)
Public restrooms unless separate facilities are provided for
smokers and nonsmokers.
(8)
Elevators in buildings generally used by and open to the public.
(9)
Elementary and secondary school buildings, whether public or
private, in common areas such as classrooms, hallways, auditoriums
and public meeting rooms, except when such facility is used as a place
of entertainment, in which case Subsection (a)(6) above shall apply.
(b)
Smoking shall also be prohibited in the following public places;
however, permitted designated smoking areas may be established in
accordance with the provisions below:
(1)
Bowling alleys.
(2)
Bingo halls.
(3)
Public transportation waiting rooms, including but not limited
to waiting rooms of bus, train, airport and other transit terminals
and stations.
(4)
City-owned or -operated buildings in public areas such as lobbies,
reception areas and entranceways except when such facility is rented
for private use.
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A separate smoking room or area may be designated in the above
places, provided that the establishment maintain a substantial area
for nonsmokers. The designated smoking area may not encompass the
entire establishment, public service lines, or any area where smoking
is otherwise prohibited by this chapter. Existing physical barriers
and ventilation systems shall be used to minimize the permeation of
smoke from adjacent smoking sections into no-smoking sections.
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[Ord. No. 88-12, 9-12-1988]
(a)
Any restaurant having a seating capacity of 50 or more persons shall
have a designated no-smoking area sufficient to meet customer demand.
Restaurants may not determine that no such demand exists. Restaurants
with a seating capacity of 50 or fewer persons are encouraged, but
not required, to designate no-smoking areas.
(b)
In determining whether a restaurant is subject to the requirements of Subsection (a), the following shall not be included:
(c)
Any restaurant required to have a designated no-smoking area shall
post signs, conspicuous to ordinary public view, at each entrance
to the establishment indicating that a no-smoking area is available.
[Ord. No. 88-12, 9-12-1988; amended by Ord. of 6-22-1998(1)]
This chapter is not intended to regulate smoking in the following
places and under the following conditions:
(1)
Bars and lounge areas.
(2)
Retail tobacco stores.
(3)
Restaurants, conference/meeting rooms, and public and private assembly
rooms while these places are being used for private functions.
(4)
Offices or work areas not entered by the public in the normal course
of business or use of the premises. Employers are nevertheless encouraged
to adopt and implement smoking policies to protect and accommodate
employees from the hazards and discomfort of passive smoke in the
workplace.
(5)
(Reserved)
(6)
Areas of enclosed shopping centers or malls that are external to
the retail stores and are used by customers as a route of travel from
one store to another, and that consist primarily of walkways and seating
arrangements.
(7)
Lobby areas of theaters, auditoriums, concert halls and similar places
of entertainment.
(8)
Convenience stores.
[Ord. No. 88-12, 9-12-1988]
Any person who owns, manages or otherwise controls any building,
facility, room, area or place in which smoking is prohibited shall
post or cause to be posted conspicuously signs stating "NO SMOKING
by City Ordinance."
[Ord. No. 88-12, 9-12-1988]
The City Manager or his designated representative shall engage
in a program to inform and clarify the purposes of this chapter to
citizens affected by it, and to guide owners, operators and managers
in their compliance.
[Ord. No. 88-12, 9-12-1988]
The City Manager or his designated representative shall request
other governmental and educational agencies having offices within
the City to establish local operating procedures in cooperation and
compliance with this chapter. In federal, state and special governmental
offices within the City, the City Manager or his designated representative
shall urge the enforcement of their existing smoking prohibitions
and request voluntary compliance with this chapter.
[Ord. No. 88-12, 9-12-1988]
(a)
It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to the prohibitions
or restrictions of this chapter to fail to comply with its provisions.
(b)
It shall be unlawful for any person to smoke in any area prohibited
or restricted by the provisions of this chapter.
(c)
Any person violating any provision or failing to comply with any
of the requirements of this chapter shall be guilty of a Class 4 misdemeanor.
[Ord. No. 88-12, 9-12-1988]
(a)
The provisions of this chapter shall be enforced by the Department
of Public Health, or any other department or person duly designated.
(b)
Any citizen who desires to register a complaint under this chapter
may initiate enforcement with the Department of Public Health.
(c)
The Department of Public Health or other duly designated department
shall perform an evaluation for compliance with all requirements of
this chapter while an establishment is undergoing otherwise mandated
inspections.
[Ord. No. 88-12, 9-12-1988]
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise prohibited or restricted by other applicable
laws.
[Ord. No. 88-12, 9-12-1988]
The provisions of the chapter are hereby declared to be severable.
If any part, section, provision, exception, sentence, clause, phrase,
or the application thereof to any person or circumstance for any reason
be adjudged to be invalid, the remainder of the chapter shall remain
in full force and effect and its validity shall not be impaired, it
being the legislative intent now hereby declared that this chapter
would have been adopted even if such invalid matter had not been included
therein, or if such application had not been made.
