[Ord. No. 897.]
The following words and phrases whenever used in this chapter, unless the content indicates otherwise, shall be construed as defined in this section.
(a) 
SMOKING — Shall mean lighting, inhaling, exhaling, or burning any pipe, cigar, cigarette, weed, or plant, or carrying any lighted pipe, lighted cigar, lighted cigarette, lighted weed, lighted plant, or other ignited combustible substance in any manner or in any form.
(b) 
PERSON — Shall mean any natural person, partnership, corporation, unincorporated association, joint venture, business trust, joint stock company, club, or other organization of any kind except the City of Oakdale or any other public agency.
(c) 
EMPLOYEE — Shall mean any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit.
(d) 
PLACE OF EMPLOYMENT — Shall mean 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:
(1) 
Work areas;
(2) 
Conference and classrooms;
(3) 
Employee cafeterias;
(4) 
Employee lounges and restrooms; and
(5) 
Hallways.
(e) 
WORK AREA OR WORK PLACE — Shall mean any area of a place of employment enclosed by floor to ceiling walls in which two or more employees are assigned to perform work for an employer.
(f) 
BUSINESS — Shall mean any sole proprietorship, partnership, joint venture, corporation, or other business entity formed for profit making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities under which legal, medical, dental, engineering, architectural, or other professional services are delivered.
(g) 
NONPROFIT ENTITY — Shall mean any corporation, unincorporated association, or other entity created for charitable, philanthropic, educational, character building, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a nonprofit entity within the means of this section.
(h) 
PUBLIC PLACE — Shall mean any enclosed area, not a private residence, to which the public is invited or in which the public is permitted, including, but not limited to:
(1) 
Banks;
(2) 
Educational facilities;
(3) 
Health facilities;
(4) 
Public transportation facilities
(5) 
Recreation areas;
(6) 
Restaurants;
(7) 
Retail stores;
(8) 
Retail service establishments;
(9) 
Retail food production, and marketing establishments; and
(10) 
Waiting rooms.
(i) 
RESTAURANT — Shall mean any restaurant, cafeteria, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria, dining area, service line, or eating establishment and any other eating establishment, organization, club, including veterans club, boarding house, or guest house, which gives or offers for sale food to the public, guests, patrons, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere including catering functions except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined in this section.
(j) 
DINING AREA — Shall mean any enclosed area containing a counter or tables upon which meals are served.
(k) 
SERVICE LINE — Shall mean any indoor line at which one or more persons are waiting for or receiving service of any kind whether or not such service involves the exchange of money.
(l) 
TOBACCO STORE — Shall mean any retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
(m) 
BAR — Shall mean any area which 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 such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area.
[Ord. No. 897.]
Smoking is hereby prohibited in buildings owned or leased by the City of Oakdale except in lounges or other areas specifically designated for that purpose by the city administrator. When there is inadequate space to provide for both a nonsmoking and smoking lounge, the city administrator may delegate certain times for nonsmoking and smoking in a single lounge.
[Ord. No. 897.]
Signs designating smoking or not smoking areas shall be clearly, sufficiently, and conspicuously posted in every room, building, or other place covered by this chapter. The manner of such posting including the wording, size, color, design, and place of posting, whether on the walls, doors, tables, counter-stands, or elsewhere shall be determined by the city administrator.
[Ord. No. 897.]
Any person who violates any provision of this chapter by smoking in a posted no smoking area or otherwise violates any provision of this chapter is guilty of an infraction, and, upon conviction thereof, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars. A violation of this chapter by any city employee or officer by smoking in a posted no smoking area, or by failing to post or cause to be posted a no smoking sign required by this chapter, or by otherwise violating any provision of this chapter shall also be a cause for discipline of such employee.
[Ord. No. 897; Ord. No. 1007, § 1.]
Smoking is prohibited in the following public areas within the incorporated area of the City of Oakdale or which are otherwise subject to the jurisdiction or control of the City of Oakdale.
(a) 
Elevators open to and in use by the public.
(b) 
Public restrooms.
(c) 
Waiting rooms, public hallways, and patients' rooms of every private or public health care facility including, but not limited to, hospitals except rooms limited to a single patient and not open to the public.
(d) 
Within every room, chamber, place of meeting, or public assembly during such time as a meeting required by law to be open to the general public is in progress.
(e) 
Within any building or room not open to the sky when that building or room is open to the public for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance except for members of the cast when smoking is a part of the stage production.
(f) 
In any restaurant as that term is defined in subsection (i) herein, where food is being served to the general public; provided; however, that this prohibition against smoking shall not apply within an establishment wherein a "no smoking" area of not less than fifty percent of the floor space and of the seating capacity in which customers are served is maintained. The owner, manager, or operator of a restaurant shall post "no smoking" signs in the designated no smoking sections.
(g) 
Within any retail food sales establishments including grocery stores and supermarkets, except those areas of such establishments set aside for the serving of food and drink which shall be regulated as in paragraph (f) above and areas thereof not open to the public.
(h) 
In public areas such as reading rooms, museums and libraries, when open to the public, provided, however, this prohibition does not prevent the designation of a separate room for smoking purposes only.
(i) 
Within retail stores doing business with the general public in areas posted by the management as no smoking areas. This provision does not affect the right of the management to designate the entire establishment area as a no smoking area.
(j) 
In service lines in which more than one person is waiting for or receiving service of any kind.
(k) 
Within school buildings when used for nonacademic activities.
(l) 
Notwithstanding any other provisions of this article, any facility or area may be designated in its entirety as a no smoking area by the owner or manager thereof.
[Ord. No. 897.]
Whenever smoking is prohibited, pursuant to this article, conspicuous signs shall be placed or posted so stating.
[Ord. No. 897.]
It shall be the responsibility of employers in the City of Oakdale to provide smoke free areas for nonsmokers within existing facilities to the maximum extent possible. Such employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
[Ord. No. 897.]
Each such employer shall adopt, implement, and maintain a written no smoking policy which shall contain at a minimum the following:
(a) 
Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators.
(b) 
Provision and maintenance of a contiguous no smoking area of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms, and employee lounges.
(c) 
Any employee in the office work place should be given the right to designate his or her immediate assigned work area as a no smoking area and to post it with appropriate signs or sign.
(d) 
In any dispute arising under the no smoking policy, the right to not involuntarily smoke shall be given precedence.
(e) 
Whenever smoking is prohibited, conspicuous signs shall be posted by the employer so stating.
(f) 
The smoking policy shall be communicated to all employees by the employer within one month of its adoption and thereafter upon employment.
[Ord. No. 897.]
An employer who makes reasonable efforts to develop and promulgate a policy regarding smoking and nonsmoking in the work place shall be deemed to be in compliance with this section provided that a policy which knowingly omits the minimum requirements of section 14-22 of this chapter shall not be deemed in compliance.
[Ord. No. 897.]
No person or employer shall discharge or in any manner retaliate against any employee because such employee exercises any rights afforded by this section.
[Ord. No. 897.]
Compliance with this article concerning adoption, implementation, and maintenance of the no smoking policy is mandatory. However, enforcement emphasis will be placed on voluntary employer compliance. Willful failure to comply shall be unlawful. The city administrator shall have primary authority to enforce this article and is directed to make reasonable efforts to inform and seek cooperation with private employers in the implementation of this article.
[Ord. No. 897.]
The fire department, community development department and all other public officers of the City of Oakdale shall require, while an establishment is undergoing otherwise mandated inspections, a self-certification from the owner, manager, operator, or other person having control of such establishment that all requirements of this chapter have been complied with.
[Ord. No. 897.]
Notwithstanding any provision of this chapter to the contrary, no regulation or prohibition of smoking is required in the following areas:
(a) 
Bars;
(b) 
Private residences, except when used as a business in which more than two people are employed;
(c) 
Hotel and motel rooms rented to guests;
(d) 
Retail tobacco stores;
(e) 
Eating establishments, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions unless owner, operator, or other person having control of such place prohibits smoking or smoking in such places as otherwise prohibited by law;
(f) 
A private completely enclosed work place occupied exclusively by smokers even though such a work place may be visited by nonsmokers; and
(g) 
Semi-private rooms of health facilities occupied by one or more patients all of whom are smokers who have requested in writing on the health care facility's admission forms to be placed in a room where smoking is permitted provided such health facility allows smoking at said facility.
[Ord. No. 897.]
Any owner or manager of a business, or other establishments subject to this article may make written application to the city administrator for an exemption or modification to any provision of this article due to unusual circumstances or conditions such as a showing of financial impracticability.
[Ord. No. 897.]
If any owner or manager of a business or other establishment subject to this article is not satisfied by the decision of the city administrator pursuant to section 14-29 then said owner or manager may make written application to the city council for an exemption or modification to any provision of this article affecting such business due to unusual circumstances or conditions. The city council shall consider such application and make any exemptions or modifications to the requirements of this article as are in keeping with the purposes of this article and as are necessary and proper considering the unusual conditions or circumstances presented.
[Ord. No. 897.]
Signs which designate smoking or no smoking areas established by this article shall be clearly, sufficiently, and conspicuously posted in rooms, buildings, or other places so covered by this article as reasonably deemed necessary by the department head, operator, manager, or other person having control of such room, building, or other place. Where possible, ashtrays, receptacles, or other devices used for extinguishing or discarding smoking materials shall be removed from all nonsmoking areas.
[Ord. No. 897.]
Any person who shall violate the provisions of this chapter shall be guilty of an infraction, and, upon conviction, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars per violation per day.
[Ord. No. 897.]
Any person who desires to register a complaint under this article may do so by filing it with the city administrator. Any person may bring legal action to enforce any provision of this article after notification to the city attorney.
[Ord. No. 897.]
If any provision of this article or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or applications, and to this end the provisions of this article are severable.