[Ord. No. 1651 §1, 1-5-1993]
[Ord. No. 1651 §2, 1-5-1993]
A.
The
person having custody or control of a public place or public meeting
shall:
1.
Make reasonable efforts to prevent smoking in the public place or
public meeting by posting appropriate signs indicating no-smoking
or smoking areas and arrange seating accordingly. These signs shall
be placed at a height and location easily seen by a person entering
the public place or public meeting and not obscured in any way;
2.
Arrange seating and utilize available ventilation systems and physical
barriers to isolate designated smoking areas;
3.
Make a reasonable request of persons smoking to move to a designated
smoking area;
4.
Allow smoking in designated areas of theater lobbies only.
[Ord. No. 1651 §3, 1-5-1993]
A.
A "public place" is any enclosed indoor area used by the general
public or serving as a place of work including, but not limited to:
1.
Any retail or commercial establishment;
2.
Health care facilities, health clinics or ambulatory care facilities
including, but not limited to, laboratories associated with health
care treatment, hospitals, nursing homes, physicians' offices and
dentists' offices;
3.
Any vehicle used for public transportation including, but not limited
to, buses, taxicabs and limousines for hire;
4.
Restrooms;
5.
Elevators;
6.
Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries;
7.
All public areas and waiting rooms of public transportation facilities
including, but not limited to, bus and airport facilities;
8.
Any enclosed indoor place used for entertainment or recreation including,
but not limited to, gymnasiums, theater, lobbies, concert halls, arenas
and swimming pools;
9.
Any other enclosed indoor areas used by the general public including,
but not limited to, corridors and shopping malls;
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However, the following areas are not considered a public place:
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1.
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An entire room or hall which is used for private social functions,
provided that the seating arrangements are under the control of the
sponsor of the function and not of the proprietor or other person
in charge;
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2.
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Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicle;
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3.
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Performers on the stage, provided that the smoking is part of
the production;
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4.
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Any place 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, cigarettes, pipes, cigars or smoking sundries;
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5.
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Any bar, any tavern, a restaurant that seats less than fifty
(50) people, any bowling alley or any billiard parlor, provided such
establishment conspicuously posts at least two (2) signs stating that
"Non-smoking Areas Are Unavailable";
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6.
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Private residences; and
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7.
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Any enclosed indoor arena, stadium or other facility which may
be used for sporting events and which has a seating capacity of more
than fifteen thousand (15,000) persons.
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[Ord. No. 1651 §4, 1-5-1993]
As used in this Chapter, the following terms mean:
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere;
The agent of the proprietor authorized to give administrative
directions to and general supervision of the activities within the
public place, work place or public meeting at any given time.
The party who ultimately controls, governs or directs the
activities within the public place, work place or public meeting,
regardless of whether he is the owner or lessor of such place or site.
The term does not mean the owner of the property unless he ultimately
controls, governs, or directs the activities within the public place
or public meeting. The term "proprietor" shall apply
to a corporation as well as an individual.
A gathering in person of members of a governmental body,
whether an open or closed session, as defined in Chapter 610, RSMo.
Any building, structure or area used, maintained or advertised
as or held out to the public to be an enclosure where meals for consideration
of payment are made available to be consumed on the premises.
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
[Ord. No. 1651 §5, 1-5-1993]
A.
A smoking
area may be designated by persons having custody or control of public
places, except in places in which smoking is prohibited by other laws,
ordinances, or regulation. No public place shall have more than thirty
percent (30%) of its entire space designated as a smoking area.
B.
Restaurants. A proprietor or other person in charge of a
restaurant shall designate an area of sufficient size to accommodate
usual and customary demand for non-smoking areas by customers or patrons.
[Ord. No. 3360, 2-7-2023]
A.
Marijuana shall not be smoked in any public area in the City, including,
but not limited to, outdoor areas, places of employment, public meeting,
and public places. A person who violates this prohibition shall be
subject to a civil penalty not exceeding $100.
B.
Marijuana-infused products shall not be consumed in any public area
in the City, except for culinary dishes or beverages prepared by a
restaurant in the City for on-site consumption on the same day such
dishes or beverages are prepared.
C.
Marijuana shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in the City. No person shall smoke marijuana within a motor vehicle
or other motorized form of transportation while it is being operated
within the City.
D.
Marijuana-infused products shall not be consumed by any person operating
or in physical control of any motor vehicle or other motorized form
of transportation in the City.
E.
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
The following definitions shall be utilized when interpreting and enforcing this Section 250.055:
Cannabis indica, Cannabis sativa, 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 and marijuana-infused products,
but not industrial hemp as defined by Missouri Statute, or commodities
or products manufactured from industrial hemp.
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
[Ord. No. 1651 §6, 1-5-1993]
Any person who violates this Chapter shall be fined an amount
not more than two hundred dollars ($200.00)
