Any person who is employed in consideration of direct or
indirect monetary wages, commissions or profits and any contract employee.
Employee includes a person who volunteers for a nonprofit entity.
A person that employs the services of one or more individuals.
A space that is enclosed on all sides by solid impermeable
walls that extend from the floor to the ceiling, inclusive of windows
and doors.
A nonprofit organization that:
Is chartered by a national organization in existence since 1953;
Is tax exempt under section 501(c)(8), (10), or (19) of the
Internal Revenue Code;
Operates under a lodge system with a representative form of
government; and
Is organized for the exclusive benefit of the members of the
organization and their dependents.
The owner or person in charge of a public place or workplace,
including an employer.
Any building, premises or portion thereof which is permitted
by the state as a private club for the storing, possession and dispensing
for on-premises consumption of alcoholic beverages. The term “private
club” additionally includes premises operated by an organization
which are not available to and not customarily used by the general
public and entry and privileges thereto are established by regulations
of that organization distinct from a state alcohol and beverage private
club membership.
An enclosed area or any portion thereof that is accessible
by the public or to which the public is admitted by general invitation
or that is an enclosed workplace.
A retail store used primarily for the sale of tobacco products
and accessories and in which the sale of other non-tobacco products
is incidental.
To inhale or exhale smoke from or to light, hold, or carry
a lighted tobacco or tobacco-like product such as cigarettes, cigars,
pipes, or other such device used for smoking.
An enclosed area under the control of a public or private
employer in which employees work or have access during the course
of their employment.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-1)
(a)
A person commits an offense if the person smokes in an enclosed public
place within the city.
(b)
A person commits an offense if the person smokes in an enclosed area
in a building or facility owned, leased, or operated by the city.
(c)
A person commits an offense if the person smokes in an enclosed area
of a workplace.
(d)
Except as provided in section 10.03.072 (outdoor distance exception), a person commits an offense if the person smokes within a distance of twenty-five (25) feet from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited.
(e)
The owner, operator or other person in control of a public place
commits an offense if the person fails to take reasonable steps to
prevent or stop another person from smoking in an enclosed area in
a public place.
(f)
A person commits an offense if the person smokes in the seating area
of an outdoor arena, stadium or amphitheater.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-2)
(a)
The owner, operator, or other person in control of a public place
or workplace where smoking is prohibited shall conspicuously post
a sign at each entrance to the premises clearly stating that smoking
is prohibited on the premises or is only permitted in designated areas
of the premises.
(b)
The owner, operator, or other person in control of a public place
shall conspicuously post signs in areas where smoking is permitted
under division 2 of this article (exceptions).
(c)
A sign posted under this section shall include the telephone number
at the public health department where a person may call to make a
complaint under this article.
(d)
It is an affirmative defense to prosecution under this article that
an owner, operator, or other person in control of the premises failed
to post a sign required under this section.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-3)
(a)
Except as provided in subsection (b), an employer shall provide a smoke-free workplace for employees.
(b)
If an employer requires employees to work in an area described in
division 2 of this article (exceptions), the employer shall make reasonable
accommodations for an employee who requests assignment to a smoke-free
area.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-4)
The owner, operator, or other person in control of a public
place and an employer shall remove any ashtray or other smoking accessory
from a place where smoking is prohibited.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-5)
Nothing in this article implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as nonsmoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 10.03.033 is posted.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-6)
(a)
The city manager or his designee shall:
(1)
Develop a comprehensive tobacco education program to educate the
public about the harmful effects of tobacco and its addictive qualities;
(2)
Conduct informational activities to notify and educate businesses
and the public about this article; and
(3)
Coordinate the city’s tobacco education program with other
civic or volunteer groups organized to promote smoking prevention
and tobacco education.
(b)
To implement this section, the city manager or his designee may publish
and distribute educational materials relating to this article to businesses,
their employees, and the public.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-7)
This article is cumulative of other laws that regulate smoking.
(Ordinance 06-022, sec. 1, adopted 4/25/06; 1978 Code, sec. 4-8)
