[Ord. No. 2662, 5-14-2019]
As used in this Article, the following words shall have the
meanings indicated:
Any business, regardless of legal form and either for-profit
or not-for-profit, including retail establishments where goods or
services are sold, professional corporations and other entities where
services are delivered, the City of Olivette or other governmental
body (or any agency thereof), and private clubs.
Any person who performs services for an employer, with or
without compensation.
Any person or business utilizing the services of at least
one (1) employee.
Any indoor space, and any space bound by walls (with or without
windows or doors) or similar partitions on at least three (3) sides
that effectively divide space from the floor to ceiling, including,
but not limited to, offices, rooms, all space therein screened by
partitions which do not extend to the ceiling or are not solid, "office
landscaping" or similar structures and hallways designed for human
occupancy in which people congregate, including for amusement, entertainment,
eating, drinking, education, labor, or similar purposes, including,
but not limited to, bars and restaurants.
Cannabis indica, Cannabis sativa, and 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.
"Marijuana" does not include industrial hemp, as defined by Missouri
Statute, or commodities or products manufactured from industrial hemp.
[Ord. No. 2762, 1-24-2023]
A hotel or motel room that may be designated as a smoking room,
with such designation being changeable only one (1) time per calendar
year (not to exceed twenty percent (20%) of the guest rooms of the
hotel or motel);
Any enclosed area under the control of an employer and designated
for smoking, which employees can frequent during the course of employment.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care or health care facility.
A not-for-profit organization incorporated or chartered by
law for fraternal or social purposes, which has a defined membership
and restricts admission to members of the club and their guests. The
definition shall not include an establishment that is generally open
to members of the general public upon payment of a fee or that has
employees and meets the definition of place of employment. A private
club shall not be considered a "public place" except when it is the
site of a meeting, event, or activity that is open to the public.
A private club shall not be considered a "place of employment" by
reason of the occasional use of independent contractors, such as caterers
that have their own employees, in the club's enclosed areas.
Any person acting as a proprietor, or an owner or manager
or person having control of a public place.
A gathering in person of members of a governmental body,
whether in open or closed session, as defined in Chapter 610, RSMo.
Any enclosed area, any outdoor dining or seating area, any
service line to which the public is invited or in which the public
is permitted, and any public park. A private residence is not a "public
place" unless it is used as a child care, adult day care, or health
care facility. Outdoor areas are not "public places" as defined herein,
other than such outdoor dining or seating areas, service lines, or
public parks as provided herein.
Any indoor or outdoor 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. A service line is a public
place. People waiting inside their cars, such as in a drive-through
line, shall not be considered to be in a "service line" as defined
herein.
Inhaling, exhaling, burning or carrying any ignited, lighted
or heated cigarette, cigar, pipe or other smoking product, equipment
or apparatus involving tobacco or other plant material or nicotine
in any form. Smoking includes vaping.
An accessory structure that meets all applicable provisions
of the zoning and building codes, with a maximum size of two hundred
(200) square feet, that is detached from principal buildings, that
is located more than twenty-five (25) feet from entrances, exits,
operable windows and ventilation intakes of public places and places
of employment, in which there is no service, possession or consumption
of food or alcoholic beverages, and that is no more than seventy-five
percent (75%) enclosed at any time. The percentage of enclosure shall
be calculated based on the elevation area below the roof of all elevations.
For calculation purposes, screens are not considered to be enclosures
but louvers, windows and other solid materials qualify as enclosures.
No other wall, fence, roof overhang or other obstruction of any kind
may be located within five (5) feet of the openings if they have the
effect of blocking the free flow of air through the required opening.
[Ord. No. 2662, 5-14-2019]
A.
No
person shall engage in smoking in any place of employment or any vehicle
owned by the City of Olivette.
B.
No
person shall engage in smoking in a public place, including any public
park, or in a public meeting.
C.
No
person shall engage in smoking on any sidewalk, driveway or other
open area within fifteen (15) feet of an outdoor dining or seating
area or service line, provided that no person who simply walks past
such an area along a route open to the public shall be charged with
a violation of this Section.
D.
No
person shall dispose of smoking waste or place or maintain a receptacle
for smoking waste in any area in which smoking is prohibited under
this Article.
E.
Marijuana.
[Ord. No. 2762, 1-24-2023]
1.
No person shall engage in the smoking of marijuana:
2.
The smoking of marijuana, or the suspected smoking of marijuana, shall not, by itself, serve as the basis to detain, search, or arrest a perpetrator or suspect in a manner or for a length of time more than may be necessary to issue an ordinance violation citation as contemplated by Section 220.210(E) hereof.
[Ord. No. 2662, 5-14-2019]
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 places of employment or public
places, and private vehicles;
2.
Private clubs, except for any such club that is also a place of employment
or that is the site of a meeting, event or activity that is open to
the public;
3.
Permanently designated smoking rooms; and
4.
Smoking shelters.
[Ord. No. 2662, 5-14-2019]
A.
It
shall be unlawful for a proprietor to knowingly permit, cause, suffer,
or allow any other person to violate the provisions of this Article.
It shall be an affirmative defense to an alleged violation of this
Section that the proprietor has asked the other person to comply with
this Article and caused the person to leave the establishment if that
person has failed or refused to comply (including by enlisting the
assistance of law enforcement personnel if required).
B.
A proprietor
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 to a place where smoking is prohibited pursuant
to this Article. Such signage shall consist of letters not less than
one (1) inch in height.
C.
A proprietor
shall provide smoke-free places of employment for all employees.
[Ord. No. 2662, 5-14-2019]
A.
Notwithstanding any other provision of this Article, the proprietor of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a non-smoking place. No person shall smoke in places so declared and posted with signs pursuant to Section 220.230.
B.
Nothing
in this Article shall be construed or applied in such a manner as
to interfere with or prohibit a proprietor from more broadly prohibiting
smoking on or about their property or from prohibiting smoking in
areas, at times, or under conditions which do not fall within the
prohibitions established by this Article.
[Ord. No. 2662, 5-14-2019]
A.
The
authority to administer and enforce the provisions of this Article
is vested with the Chief of Police and his or her duly authorized
representative(s), except in the case of City-owned facilities wherein
the City Manager shall have the authority to administer and enforce
the provisions of this Article.
B.
Any person violating the provisions of this Article, with the exception of Section 220.210(E) hereof, may be punished upon conviction as provided in Section 100.180 of this Code. Any person violating the provisions of Section 220.210(E) hereof may be punished upon conviction by a fine not to exceed one hundred dollars ($100.00).
[Ord. No. 2762, 1-24-2023]
