[Ord. No. 1288-2015 §1, 8-31-2015]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
BAR
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including but not limited to, taverns, nightclubs, cocktail lounges,
and cabarets.
EMPLOYEE
Any person who performs services for an employer, with or
without compensation.
EMPLOYER
A person, partnership, association, corporation, trust, or
other organized group of individuals, including the City or any agency
thereof, which utilizes the services of one (1) or more employees.
ENCLOSED
All space between a floor and a ceiling that is enclosed
by walls, doorways or windows, whether open or closed. A wall includes
any retractable divider, garage door, or other physical barrier, whether
temporary or permanent.
PERMANENTLY DESIGNATED
A hotel or motel room may be designated as a smoking room
for a period of no less than twelve (12) months.
PLACE OF EMPLOYMENT
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a childcare, adult day care or health care facility.
PUBLIC PLACE
Any enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, educational
facilities, health facilities, laundering facilities, public transportation
facilities, reception areas, production and marketing establishments,
retail service establishments, retail stores, theaters, and waiting
rooms. A private residence is not a "public place."
RESTAURANT
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school
cafeterias, which gives or offers at no cost or for sale food to the
public, guests, or employees, as well as kitchens and catering facilities
in which food is prepared on the premises for serving elsewhere. The
term "restaurant" shall include an attached bar.
SERVICE LINE
Any line at which one (1) or more persons are waiting for
or receiving service of any kind, whether or not such service involves
the exchange of money.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other tobacco product.
SPORTS ARENA
Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition,
or witness sports events.
[Ord. No. 1288-2015 §2, 8-31-2015]
A. The possession of lighted smoking materials in any form, including,
but not limited to, the possession of lighted cigarettes, cigars,
pipes or other tobacco products, shall be prohibited in all enclosed
places of employment within the City.
B. The possession of lighted smoking materials in any form, including
but not limited to, the possession of lighted cigarettes, cigars,
pipes or other tobacco products, shall be prohibited in all enclosed
public places within the City, including but not limited to the following
places:
1.
Any vehicle of public transportation, including but not limited
to buses, limousines for hire and taxicabs;
4.
Libraries, educational facilities, childcare and adult day care
facilities, museums, auditoriums, aquariums and art galleries;
5.
Any health care facility, health clinic or ambulatory care facilities,
including but not limited to laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices;
6.
Any indoor place of entertainment or recreation, including but
not limited to public or private club facilities, gymnasiums, theaters,
concert halls, bingo halls, billiard halls, betting establishments,
bowling alleys, arenas and swimming pools;
8.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital, or other similar performance;
10.
Sports arenas, including enclosed places in outdoor arenas;
14.
All public areas and waiting rooms of public transportation
facilities, including but not limited to bus and airport facilities;
15.
Any other area used by the public or serving as a place of work;
16.
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including but not limited to joint committees, or agencies
of the City or any political subdivision of the State during such
time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the City;
17.
All enclosed facilities owned by the City; and
18.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence.
C. No one shall possess lighted smoking materials in any form, including
but not limited to lighted cigarettes, cigars, pipes or other tobacco
products within ten (10) feet of the primary entrance to or exit from
a building where smoking is prohibited pursuant to this Section.
D. It shall be unlawful for any person to violate the provisions of
this Section.
[Ord. No. 1288-2015 §3, 8-31-2015]
A. A person having control of a place listed in Section
210.2470 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of Section
210.2470 in that place. It shall be an affirmative defense to an alleged violation of this Subsection that the person having control of a place has asked that the lighted cigarette, cigar, pipe or other tobacco product be extinguished and asked the person to leave the establishment if that person has failed or refused to extinguish the lighted cigarette, cigar, pipe or other tobacco products.
B. A person having control of a place listed in Section
210.2470 shall clearly and conspicuously post "No Smoking" signs 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) near all entrances where smoking is prohibited by this Article. Such signage shall consist of letters not less than one (1) inch in height.
C. It shall be the responsibility of employers having any enclosed place
of employment located within the City to provide smoke-free workplaces
for all employees.
D. Each employer having any enclosed place of employment located within
the City shall communicate the smoke restrictions of this Article
to all employees within thirty (30) days of the adoption of this Article
by the Board of Aldermen, and shall supply a written copy of these
smoking restrictions upon request to any existing or prospective employee.
[Ord. No. 1288-2015 §4, 8-31-2015]
A. Notwithstanding any other provision of this Article to the contrary,
the following shall not be subject to the smoking restrictions of
this Article:
1.
Private residences, not serving as enclosed places of employment
or enclosed public places;
2.
Twenty-five percent (25%) of hotel and motel rooms may be permanently
designated as smoking.
3.
Patio areas of any restaurant, bar or other commercial establishment
designated by the owner or operator of the business as a smoking area;
provided that no such area shall be open to or allow smoke into a
non-smoking area or must be crossed to obtain access to a non-smoking
area or a restroom.
[Ord. No. 1288-2015 §5, 8-31-2015]
A. A person who smokes in an area where smoking is prohibited by the
provisions of this Article shall be guilty of an ordinance violation,
punishable by a fine not exceeding fifty dollars ($50.00).
B. A person having control of a public place or place of employment
and who fails to comply with the provisions of this Article shall
be guilty of an ordinance violation, punishable by:
1.
A fine not exceeding one hundred dollars ($100.00) for a first
violation.
2.
A fine not exceeding two hundred dollars ($200.00) for a second
violation within a one-year period.
3.
A fine not exceeding five hundred dollars ($500.00) for a third
or subsequent violations within a one-year period.
4.
Each day on which a violation of this Article occurs shall be
a separate and distinct violation.
[Ord. No. 1288-2015 §6, 8-31-2015]
This Article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
This Article shall be liberally construed so as to further its purposes.
The provisions of this Article are severable. If any provision or
its application to any person or circumstance is held invalid by a
court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
[Ord. No. 1288-2015 §7, 8-31-2015]
A. The authority to administer the provisions of this Article is vested
in the Chief of Police and his or her duly authorized representative(s).
B. Whenever the need arises, the Chief of Police may call upon other
departments of the City to aid in the enforcement of the provisions
of this Article.
C. Notice of the provisions of this Article shall be given to all applicants
for a business license in the City.
D. Any citizen who desires to register a complaint under this Article
may initiate enforcement with the Police Department.
E. In addition, any person, including the City, aggrieved by the failure
of the owner, operator, manager, or other person in control of a public
place or place of employment to comply with the provisions of this
Article may apply for injunctive relief, without bond, to enforce
these provisions in any court of competent jurisdiction.