[Prior Code ch. 14; Ord. 1078-2006, 2-22-2006]
A. It is unlawful for any person to appear or be upon or in any street,
alley, or other public place in the City in a state of intoxication.
Except as authorized for such other City property or facility as may
be exempted by action of the City Council, it shall be unlawful for
any person to drink any intoxicating alcoholic beverage or any nonintoxicating
alcoholic beverage upon or in any street, alley, or other public place
within the City. It is unlawful to use, sell or furnish to another
any illegal drug or narcotic in any place in the City except as legally
prescribed by a physician.
B. For the purposes of this section, a "state of intoxication" means
the condition in which a person is under the influence of any intoxicating,
nonintoxicating, spirituous, vinous or malt liquors, or of any narcotic,
to such extent as to deprive the person of his or her full physical
or mental power.
[Prior Code, Chapter 14]
No person shall knowingly reside in, enter into, or remain in
a disorderly house. In any prosecution for violation of this Section,
the City shall have the burden to prove such knowledge by direct evidence
only and not by circumstantial evidence. This Section shall not apply
to physicians or officers in the discharge of their professional or
official duties.
[Prior Code, Chapter 14; amended by Ord.
598, 12-1-1980]
The following terms when used in this chapter shall have the
meanings respectively ascribed to them in this Section:
AVAILABLE TO THE PUBLIC
That the matter or performance may be purchased or attended
on a subscription basis, on a membership fee arrangement, or for a
separate fee for each item or performance.
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and the content of the material.
MATERIAL
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture, or other
pictorial representation or any statue or other figure, or any recording,
transcription or mechanical, chemical, or electrical reproduction
or any other articles, equipment or machines.
NUDITY
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering, or the depiction of covered
male genitals in a discernible turgid state.
OBSCENE
That to the average person applying contemporary community
standards:
A.
The predominant appeal of the matter taken as a whole, is to
prurient interest; i.e., shameful or morbid interest in sexual conduct,
nudity, or excretion;
B.
The matter depicts or describes in a patently offensive manner
sexual conduct regulated by Title 21 of the Oklahoma Statutes, and
C.
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments
providing food and beverages; including, but not limited to, hostessing,
hat checking, cooking, bartending, serving, table setting and clearing,
waiter and waitressing, and entertaining.
[Prior Code, Chapter 14; amended by Ord.
598, 12-1-1980]
A. It is unlawful for any person to:
1. Knowingly disseminate, distribute or make available to the public
any obscene material; or
2. Knowingly engage in commerce for commercial gain with materials depicting
and describing explicit sexual conduct, nudity, or utilizing displays,
circulars, advertisements and other public sales efforts that promote
such commerce primarily on the basis of their prurient appeal; or
3. Knowingly engage or participate in any obscene performance made available
to the public; or
4. Provide service to patrons in such a manner as to expose to public
view:
a. His or her genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
b. Any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region;
c. Any portion of the female breast at or below the areola thereof;
or
d. Knowingly promote the commission of any of the above listed unlawful
acts.
[Ord. 1160-2009, 10-5-2009]
A. For the purpose of this section, the following terms shall have the
meanings respectively ascribed to them in this section:
CUSTODIAN
Any person over the age of 21 years who is in loco parentis
to a minor.
GUARDIAN
Any person other than a parent who has legal guardianship
of a minor.
MINOR
Any person under the age of 18.
PARENT
The natural or adoptive parent of a minor.
PUBLIC PLACE
Any street, alley, highway, sidewalk, park, playground or
place to which the general public has access and a right to resort
for business, entertainment or other lawful purpose. A public place
shall include, but not be limited to, any store, shop, restaurant,
tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping
center and any other place devoted to amusement or entertainment of
the general public. It shall also include the front or immediate area
of the above.
B. It is unlawful for any minor to remain, wander, stroll or play in
any public place on foot or to cruise about without a set destination
in any vehicle in, about or upon any public place in the City between
the hours of 12:00 midnight and 6:00 a.m. on any day unless:
1. The minor is accompanied by a parent, guardian, custodian or other
adult person having custody or control of such minor;
2. The minor is on an emergency errand or specific business or activity
directed or permitted by his parent, guardian or other adult person
having the care and custody of the minor; or
3. Where the presence of such minor is connected with or required by
some legitimate employment, trade, profession or occupation.
4. The City council, by motion or resolution, establishes curfew times
other than those described previously in this section and that apply
to specific municipal parks, recreation areas, playgrounds, or other
public places managed or operated by the City of Tahlequah. All such
alternate curfew times shall be posted upon the premises of those
public places to which they apply.
C. It is unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew designated in Subsection
B of this section.
D. It is unlawful for any parent, guardian, custodian or other adult person having custody or control of any minor to suffer or permit or by inefficient control to allow such person to be on any public place within the City between the hours of curfew designated in Subsection
B of this section. The provisions of this section do not apply if:
1. The minor is accompanied by a parent, guardian, custodian or other
adult person having the care, custody or control of the minor;
2. The minor is on an emergency errand or specific business or activity
directed by his parent, guardian, custodian or other adult having
the care and custody of the minor; or
3. The parent, guardian or other adult person herein has made a missing
person notification to the City police department.
E. The council may permit by resolution or motion procedures for advance
notice or registration with the City of special events or functions
sponsored by churches, schools, clubs or other organizations which
require minors to be out at a later time. The council may also prescribe
the procedures for taking into custody minors found in violation of
this section. (1982 Code)
[Prior code ch. 14]
It is unlawful for any person to beg alms for any person, organization
or agency except an organization or agency, public or private, whose
purpose or one of whose purposes is to aid persons in need.
[Prior code ch. 14]
It is unlawful for any person to loiter about in the immediate
vicinity where a person or persons are gambling, whether by playing
games, operating a slot machine or other device, or otherwise.
[Prior code ch. 14]
It is unlawful for any person knowingly to deceive another,
whether by impersonation, misrepresentation, or otherwise, when such
deception results in or contributes to the loss, damage, harm or injury
of the person deceived or of a third party, or results in or contributes
to the benefit of the deceiver.
[Prior code ch. 14]
It is unlawful for any person, with intent to cheat and defraud,
to obtain or attempt to obtain from any persons firm or corporation,
any money, property or valuable thing of the value of $50 or less
by means of any false or bogus check or by any other written or printed
or engraved instrument or spurious coin. The term "false or bogus
check" shall include checks or orders given for money or property
which are not honored on account of insufficient funds of the maker
to pay same, as against the maker or drawer thereof. The making, drawing,
issuing or delivering of a check, draft or order, payment of which
is refused by the drawee, shall be prima facie evidence of intent
to defraud and the knowledge of insufficient funds in or credit with,
such bank or other depository. Such maker or drawer shall not have
paid the drawee the amount due thereon, together with the protest
fees, and the check or order shall be presented for payment within
180 days after same is delivered and accepted.
It is the intent of the City Council of the City of Tahlequah to exercise the authority granted under 63 O.S.§ 1-229.11 et seq., and as expressed hereafter in all subsections of Section
10-420, to protect public health and welfare by preventing youth and others access to tobacco, nicotine and vapor products.
[Ord. 1079-2006, 3-20-2006; amended Ord. 1177-2011, 5-2-2011; 8-16-2022 by Ord. No. 1344-2022]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
NICOTINE PRODUCT
Any product that contains nicotine extracted or isolated
from plants, vegetables, fruit, herbs, weeds, genetically modified
organic matter, or that is synthetic in origin and is intended for
human consumption; provided, however, this term shall not include
products approved by the United States Food and Drug Administration
for smoking cessation.
PERSON
Any individual, firm, fiduciary, partnership, corporation,
trust, or association, however formed.
PROOF OF AGE
A driver license, license for identification only, or other
generally accepted means of identification that describes the individual
as 21 years of age or older and contains a photograph or other likeness
of the individual and appears on its face to be valid.
SAMPLE
A tobacco product, nicotine product or vapor product distributed
to members of the public at no cost for the purpose of promoting the
product.
SAMPLING
The distribution of samples to members of the public in a
public place.
TOBACCO PRODUCT
Any product that contains tobacco and is intended for human
consumption.
TRANSACTION SCAN
The process by which a seller checks, by means of a transaction
scan device, the validity of a driver license or other government-issued
photo identification.
TRANSACTION SCAN DEVICE
Any commercial device or combination of devices used at a
point of sale or entry that is capable of deciphering in an electronically
readable format the information encoded on the magnetic strip or bar
code of a driver license or other government-issued photo identification.
VAPOR PRODUCT
Noncombustible products, that may or may not contain nicotine,
that employ a mechanical heating element, battery, electronic circuit,
or other mechanism, regardless of shape or size, that can be used
to produce a vapor in a solution or other form. "Vapor products" shall
include any vapor cartridge or other container with or without nicotine
or other form that is intended to be used with an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar
product or device and any vapor cartridge or other container of a
solution, that may or may not contain nicotine, that is intended to
be used with or in an electronic cigarette, electronic cigar, electronic
cigarillo or electronic device. "Vapor products" do not include any
products regulated by the United States Food and Drug Administration
under Chapter V of the Food, Drug, and Cosmetic Act.
[Ord. 1079-2006, 3-20-2006; amended by Ord. 1177-2011, 5-2-2011; ; 8-16-2022 by Ord. No. 1344-2022]
A. It is unlawful for any person to sell, give or furnish in any manner
any tobacco product, nicotine product or vapor product to another
person who is under 21 years of age, or to purchase in any manner
a tobacco product, nicotine product or vapor product on behalf of
any such person. It shall not be unlawful for an employee under 21
years of age to handle tobacco products, nicotine products or vapor
products when required in performance of the employee's duties.
B. A person engaged in the sale or distribution of tobacco products,
nicotine products or vapor products shall demand proof of age from
a prospective purchaser or recipient if an ordinary person would conclude
on the basis of appearance that the prospective purchaser may be less
than 21 years of age. If an individual engaged in the sale or distribution
of tobacco products, nicotine products or vapor products has demanded
proof of age from a prospective purchaser or recipient who is not
under 21 years of age, the failure to subsequently require proof of
age shall not constitute a violation of this subsection.
C. Penalties.
1. Any violation of paragraphs A and/or B of this subsection is an offense
against the City of Tahlequah; upon conviction of any such offense,
the violator shall be punished as follows:
a.
Not more than $100 for the first offense;
b.
Not more than $200 for the second offense within a two-year
period following the first offense;
c.
Not more than $300 for the third offense within a two-year period
following the first offense. In addition to any other penalty, the
store's license to sell tobacco products or nicotine products
or the store's sales tax permit for a store that is predominantly
engaged in the sale of vapor products in which the sale of other products
is merely incidental may be suspended for a period not exceeding 30
days; and
d.
Not more than $300 for a fourth or subsequent offense within
a two-year period following the first offense. In addition to any
other penalty, the store's license to sell tobacco products or
nicotine products or the store's sales tax permit for a store
that is predominantly engaged in the sale of vapor products in which
the sale of other products is merely incidental may be suspended for
a period not exceeding 60 days.
2. Proof that the defendant demanded, was shown, and reasonably relied
upon proof of age shall be a defense to any action brought pursuant
to this section. A person cited for violating this section shall be
deemed to have reasonably relied upon proof of age, and such person
shall not be found guility of the violation if such person proves
that:
a.
The individual who purchased or received the tobacco product,
nicotine product or vapor product presented a driver license or other
government-issued photo identification purporting to establish that
such individual was 21 years of age or older, or
b.
The person cited for the violation confirmed the validity of
the driver license or other government-issued photo identification
presented by such individual by performing a transaction scan by means
of a transaction scan device.
Provided, that this defense shall not relieve from liability
any person cited for a violation of this section if the person failed
to exercise reasonable diligence to determine whether the physical
description and picture appearing on the driver license or other government-issued
photo identification was that of the individual who presented it.
The availability of the defense described in this subsection does
not affect the availability of any other defense under any other provision
of law.
|
[Ord. 1079-2006, 3-20-2006; amended by Ord. 1177-2011, 5-2-2011; ; 8-16-2022 by Ord. No. 1344-2022]
A. It is unlawful for any person under 21 years of age to purchase,
receive, or have in their possession any tobacco product, nicotine
product or vapor product. It shall not be unlawful for an employee
under 21 years of age to handle tobacco products, nicotine products
or vapor products when required in performance of the employee's
duties.
B. Any violation of paragraph A of this subsection is an offense against
the City of Tahlequah; upon conviction of any such offense, the violator
shall be punished as follows:
1. Not more than $100 for the first offense;
2. Not more than $200 for the second offense within a two-year period
following the first offense;
3. Not more than $300 for the third offense within a two-year period
following the first offense; and
4. Not more than $300 for a fourth or subsequent offense within a two-year
period following the first offense.
[Ord. 1079-2006, 3-20-2006; amended by Ord. 1177-2011, 5-2-2011; ; 8-16-2022 by Ord. No. 1344-2022]
A. It shall be unlawful for any person or retailer to distribute, tobacco
products, nicotine products, vapor products or product samples to
any person under 21 years of age.
B. No person shall distribute tobacco products, nicotine products, vapor
products or product samples in or on any public street, sidewalk,
or park that is within 300 feet of any playground, school, or other
facility when the facility is being used primarily by persons under
21 years of age.
C. Any violation of paragraphs A and/or B of this subsection is an offense
against the City of Tahlequah; upon conviction of any such offense,
the violator shall be punished as follows:
1. Not more than $100 for the first offense;
2. Not more than $200 for the second offense; and
3. Not more than $300 for a third or subsequent offense.
[Ord. 1177-2011, 5-2-2011; amended 8-16-2022 by Ord. No. 1344-2022]
A. It is unlawful for any person or retail store to display or offer
for sale tobacco products, nicotine products, or vapor products in
any manner that allows public access to the tobacco products, nicotine
products or vapor products without assistance from the person displaying
the tobacco products, nicotine products or vapor products or an employee
or the owner of the store. The provisions of this subsection shall
not apply to retail stores which do not admit into the store persons
under 21 years of age.
B. When a person is convicted or enters a plea and receives a continued
sentence for a violation of this section, the total of any fines,
fees, or costs shall not exceed $200 for each offense.
[Ord. 1177-2011, 5-2-2011; amended 8-16-2022 by Ord. No. 1344-2022]
A. Any conviction for a violation of this chapter and any compliance
checks by a municipal police officer pursuant to paragraph C of this
subsection shall be reported in writing to the Alcoholic Beverage
Laws Enforcement (ABLE) Commission within 30 days of such conviction
or compliance check. Such reports shall be compiled in the manner
prescribed by the ABLE Commission. Convictions shall be reported by
the Town Clerk-Treasurer or his designee and compliance checks shall
be reported by the Chief of Police or his designee.
B. For the purpose of determining second or subsequent violations, both
the offenses penalized by the ABLE Commission as administrative fines
and the offenses penalized by the municipality and reported to the
ABLE Commission, shall be considered together in such determination.
C. Persons under 21 years of age may be enlisted by the Police Department
to assist in compliance checks and enforcement of this chapter pursuant
to the rules of the ABLE Commission.
[Ord. 1254-2018, 2-20-2018]
A. It is the intent of the City Council of the City of Tahlequah to provide through this Section
10-426 and, consistent with the provisions of 21 Oklahoma Statutes Section 1247, and as expressed hereafter in this Section
10-426, to provide for the public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco product and vapor product use around non-users, especially children; by protecting the public from exposure to secondhand smoke where people work, play, and learn; by reducing the potential for children to wrongly associate tobacco product and vapor product use with a healthy lifestyle; and by affirming and promoting a healthy environment in the City of Tahlequah.
B. For the purposes of the sections stated in Subsection
A of this section, the following terms and phrases shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
ELECTRONIC SMOKING DEVICE
Any electronic and/or battery operated device, the use of
which may resemble smoking that can be used to deliver an inhaled
dose of nicotine or other substances. Electronic smoking device includes
any such device, whether manufactured, distributed, marketed or sold
as an electronic cigarette, an electronic cigar, an electronic cigarillo,
an electronic pipe, an electronic hookah, or any other product name
or descriptor.
INDOOR AREA
Any enclosed area used or visited by employees or the public,
at all times, regardless of whether work is being performed. Indoor
area includes work areas, employee lounges, restrooms, conference
rooms, classrooms, employee cafeterias, hallways, any other spaces
used or visited by employees, as well as all space between a floor
and ceiling that is predominantly or totally enclosed by walls or
windows, regardless of doors, doorways, open or closed windows, stairways,
or the like.
MUNICIPAL PROPERTY
All buildings, indoor areas, and outdoor areas, including
but not limited to recreational areas, and other property, or portions
thereof, owned or operated by the City of Tahlequah, including but
not limited to vehicles and equipment owned by the Municipality.
OUTDOOR AREA
Any area that is not an indoor area, and includes outdoor
recreational areas.
PUBLIC PLACE
Any enclosed indoor area where individuals other than employees
are invited or permitted; the term is synonymous with the phrase any
indoor place used by or open to the public.
RECREATIONAL AREA
Any area that is owned, controlled or used by the City of
Tahlequah and open to the general public for recreational purposes,
regardless of any fee or age requirement. The term "recreational area"
includes, but is not limited to, parks, picnic areas, playgrounds,
sports fields, golf courses, walking paths, gardens, hiking trails,
bike paths, riding trails, swimming pools, roller and ice skating
rinks, beaches surrounding lakes and skateboard parks.
RESTAURANT
Any eating establishment regardless of seating capacity.
SMOKING
The carrying by a person of a lighted cigar, cigarette, pipe
or other lighted smoking device.
STAND-ALONE BAR, STAND-ALONE TAVERN, AND CIGAR BAR
An establishment that derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in paragraph 2 of Subsection
B of Section 537 of Title 37 of the Oklahoma Statutes and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
TOBACCO PRODUCT
Any product that contains tobacco and is intended for human
consumption. Tobacco product does not include any product approved
by the United States Food and Drug Administration for sale as a tobacco
cessation product.
VAPOR PRODUCT
Any noncombustible product that may or may not contain nicotine
that employs a mechanical heating element, battery, electronic circuit,
or other mechanism, regardless of shape or size that can be used to
produce a vapor in a solution or other form. Vapor product shall include
any vapor cartridge or other container with or without nicotine or
other form that is intended to be used with an electronic cigarette,
electronic cigar, electronic cigarillo, electronic pipe, or similar
product or device and any vapor cartridge or other container of a
solution, that may or may not contain nicotine, that is intended to
be used with or in an electronic cigarette, electronic cigar, electronic
cigarillo, or electronic device.
[Ord. 1254-2018, 2-20-2018]
A. The possession of lighted tobacco in any form is a public nuisance
and dangerous to public health and is hereby prohibited when such
possession is in any indoor place used by or open to the public, public
transportation, or any indoor workplace, except where specifically
allowed by law.
B. Using tobacco products and vapor products is prohibited on all Municipal
property, indoor and outdoor, including parks and recreational areas.
C. Nothing in this Section
10-426 prohibits any person or entity from prohibiting the use of tobacco products or vapor products on their property, even if the use of tobacco products or vapor products is not otherwise prohibited in that area.
D. No person or entity shall knowingly permit the use of tobacco products
or vapor products in an area that is under the control of that person
or entity and in which the use of tobacco products or vapor products
is prohibited by law.
E. No person or entity shall permit the placement of ash receptacles, such as ash trays or ash cans, within an area under the control of that person or entity and in which smoking is prohibited by law. However, the presence of ash receptacles shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any provision of this Section
10-426.
F. No person shall dispose of tobacco product or vapor product waste
within an area in which the use of tobacco products or vapor products
is prohibited.
G. No person or entity shall intimidate, threaten, or otherwise retaliate against another person or entity that seeks to attain compliance with this Section
10-426.
H. Any person who knowingly violates this section is guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the penalty provisions of Section
10-426.6 of this chapter.
[Ord. 1254-2018, 2-20-2018]
A. The restrictions provided in Section
10-426.2 of this chapter shall not apply to the following:
1. Stand-alone bars, stand-alone taverns and cigar bars.
2. The room or rooms where licensed charitable bingo games are being
operated, but only during the hours of operation of such games.
3. Up to 25% of the guest rooms at a hotel or other lodging establishment.
4. Retail tobacco stores predominantly engaged in the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental and in which no food or beverage is sold or served
for consumption on the premises.
5. Workplaces where only the owner or operator of the workplace, or
the immediate family of the owner or operator, performs any work in
the workplace, and the workplace has only incidental public access.
"Incidental public access" means that a place of business has only
an occasional person, who is not an employee, present at the business
to transact business or make a delivery. It does not include businesses
that depend on walk-in customers for any part of their business.
6. Workplaces occupied exclusively by one or more smokers, if the workplace
has only incidental public access.
7. Private offices occupied exclusively by one or more smokers.
8. Private residences and workplaces within private residences, except
that smoking shall not be allowed inside any private residence that
is used as a licensed child care facility during hours of operation.
9. Medical research or treatment centers, if smoking is integral to
the research or treatment.
10.
A facility operated by a post or organization of past or present
members of the Armed Forces of the United States which is exempt from
taxation pursuant to Sections 501(c)(8), 501(c)(10) or 501(c)(19)
of the Internal Revenue Code, 26 USC, Sections 501(c)(8), 501(c)(10)
or 501(c)(19), when such facility is utilized exclusively by its members
and their families and for the conduct of post or organization nonprofit
operations except during an event or activity which is open to the
public.
11.
Any outdoor seating area of a restaurant; provided, smoking
shall not be allowed within 15 feet of any exterior public doorway
or any air intake of a restaurant.
[Ord. 1254-2018, 2-20-2018]
A. An employer not otherwise restricted from doing so may elect to provide
smoking rooms where no work is performed except for cleaning and maintenance
during the time the room is not in use for smoking, provided each
smoking room is fully enclosed and exhausted directly to the outside
in such a manner that no smoke can drift or circulate into a nonsmoking
area. No exhaust from a smoking room shall be located within 15 feet
of any entrance, exit or air intake.
B. If smoking is to be permitted in any space exempted in Section
10-426.3 of this chapter or in a smoking room pursuant to Subsection
A of this section, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free.
C. Notwithstanding any other provision of this chapter, restaurants
shall be totally nonsmoking or may provide nonsmoking areas and designated
smoking rooms. Food and beverage may be served in such designated
smoking rooms which shall be in a location which is fully enclosed,
directly exhausted to the outside, under negative air pressure so
smoke cannot escape when a door is opened, and no air is recirculated
to nonsmoking areas of the building. No exhaust from such room shall
be located within 25 feet of any entrance, exit or air intake. Such
room shall be subject to verification for compliance with the provisions
of this subsection by the State Department of Health.
[Ord. 1254-2018, 2-20-2018]
A. The person or entity that has legal or de facto control of an area in which the use of tobacco products or vapor products is prohibited by this Section
10-426 shall post a clear, conspicuous, and unambiguous sign at each point of entry to the area, and in at least one other conspicuous point within the area.
B. For restrictions on the use of tobacco products or vapor products
in indoor areas, the sign or decal shall be at least four inches by
two inches in size and shall clearly state that smoking or tobacco
use is prohibited or that a tobacco-free environment is provided.
For restrictions on the use of tobacco products or vapor products
in outdoor areas, signs shall be weather-resistant, at least 15 inches
by 15 inches or 12 inches by 18 inches in size, with lettering of
at least one inch, and shall clearly state that smoking or tobacco
use is prohibited or that a tobacco-free environment is provided.
C. For purposes of this section, the City Administrator or his/her designee
shall be responsible for the posting of signs on Municipal property,
both indoor and outdoor.
D. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of the use of tobacco products or vapor products in violation of any other provision of this Section
10-426.
[Ord. 1254-2018, 2-20-2018]
A. Enforcement of this Section
10-426 shall be the responsibility of the City of Tahlequah. In addition, any peace officer or Code enforcement official may enforce this Section
10-426.
B. Any person who knowingly violates this Section
10-426 is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not less than $10 nor more than $100 in accordance with this Code.
C. The possession of a lighted tobacco product in violation of this Section
10-426 is a nuisance.
D. The remedies provided by this Section
10-426 are cumulative and in addition to any other remedies available at law or in equity.
E. Each instance of tobacco product or vapor product use in violation of this Section
10-426 shall constitute a separate violation.
F. The use of a vapor product in violation of this Section
10-426 is a nuisance.
G. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Section
10-426 tobacco product or vapor product use shall also constitute a violation of this Section
10-426.
[Ord. 1254-2018, 2-20-2018]
A. It is the intent of the City Council of the City of Tahlequah to supplement applicable State and Federal law and not to duplicate or contradict such law. The provisions of this Section
10-426 are severable, and the invalidity of any provision of this Section
10-426 shall not affect other provisions of this Section
10-426, which can be given effect without the invalid provision.