[CC 1989 §15-226; Ord. No. 1859 §1, 7-10-1995]
A.
"Smoking", defined as possession of burning tobacco in the
form of a cigarette, cigar, pipe, or other smoking equipment, is prohibited
in the following places within the City:
1.
All enclosed areas available to and customarily used by the general
public and all businesses patronized by the public, including, but
not limited to, retail stores, the common areas of hotels and motels,
pharmacies, banks, shopping malls, and other offices;
2.
In every publicly or privately owned restaurant, coffee shop, cafeteria,
short order cafe, luncheonette, sandwich shop, soda fountain, or other
eating establishment serving food;
3.
Waiting rooms, hallways, wards, and semi-private rooms of health
facilities, including, but not limited to, hospitals, clinics, physical
therapy facilities, doctor offices;
4.
Elevators, public restrooms, indoor service lines, buses, taxicabs
and other means of public transit under the authority of public entities,
and in ticket, boarding, and waiting areas of public transit depots;
5.
In public areas of museums, aquariums, and galleries;
6.
Theaters, auditoriums, concert facilities and halls which are used
for motion pictures, stage dramas and musical performances, ballets
or other exhibitions, both indoor and outdoor, except when smoking
in part of any such productions; provided however, in outdoor facilities,
designated smoking areas may be provided which shall be segregated
from non-smoking areas. Where seating area is provided in an outdoor
facility, no more than thirty percent (30%) of the total seats of
the facility may be designated as smoking seats;
7.
Retail food marketing establishment, including grocery stores and
supermarkets;
8.
Public schools and other public facilities under the control of another
public agency, which are available to and customarily used by the
general public to the extent that the same are subject to the jurisdiction
of the City;
9.
Sports arenas, both indoor and outdoor, and convention halls, except
outdoor sports arenas, designated smoking areas may be provided which
shall be segregated from non-smoking areas. Where spectator seating
is provided at outdoor arenas, no more than thirty percent (30%) of
the seats shall be designated as smoking seats;
10.
Recreation centers or bingo parlors, including, but not limited to,
game or competition areas, settees, visitors' settees and gamerooms;
11.
Private residences when used as child care or health care facilities.
Board and care facilities shall provide smokefree living quarters
for non-smoking boarders; and
12.
All buildings, vehicles, or other enclosed areas occupied by City
employees, owned or leased by the City, or otherwise operated by the
City.
B.
Exceptions to Subsection (A) are as follows:
2.
Bars, defined as 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 premises or elsewhere;
3.
Retail stores that deal mainly in the sale of tobacco and smoking
paraphernalia, provided the heating, ventilation, and air conditioning
systems do not exchange air with the other areas of the building which
are non-smoking;
4.
Hotel and motel rooms rented to guests; provided however, that each
hotel and motel designates not less than thirty percent (30%) of their
guest rooms as non-smoking rooms;
5.
Limousines for hire and taxicabs where the driver and all passengers
agree to smoking in such vehicle;
6.
City Police interrogation facilities during interrogation only;
7.
A proprietor or other person in charge of a restaurant may decide
to permit smoking when the restaurant is used for private functions;
and
8.
A proprietor or other person in charge of a restaurant, the occupied
capacity of which is no more than twenty (20) customers excluding
from the calculation of capacity any portion of such facility which
is located outdoors and any portion of such facilities utilized for
bar purposes, may designate a separate area of sufficient size, but
not to exceed thirty percent (30%), to accommodate usual and customary
demand for smoking areas by customers.
[CC 1989 §15-227; Ord. No. 1859 §1, 7-10-1995]
A.
The
following persons shall be guilty of violating this Article:
