(a) 
An employer who owns, occupies, or controls workplace may:
(1) 
Designate the workplace or portions thereof as non-smoking areas;
(2) 
Have and implement a written policy on smoking which conforms to this article;
(3) 
Make the policy available for inspection by employees and communicate said policy to all employees at least three (3) weeks prior to its adoption;
(4) 
Prominently display reasonably sized signs that smoking is prohibited;
(5) 
Provide facilities in sufficient numbers and in such locations as to be readily accessible for the extinguishment of smoking materials; and
(6) 
Not discharge, retaliate or discriminate against an employee who:
(A) 
Files a complaint or causes a proceeding to be instituted under or related to this article; or
(B) 
Testifies or will testify in a proceeding instituted under this article; or
(C) 
Exercises on his own behalf or the behalf of others any right afforded by this article.
(b) 
A person commits an offense if he smokes a cigarette, cigar, cigarillo, pipe, or electronic cigarette or possesses a burning tobacco, weed, or other plant product in any portion of the workplace which has been designated as a nonsmoking area or if he violates any other provisions of an employer’s written policy adopted, implemented, and maintained in accordance with this article.
(1996 Code, art. 7.1000; Ordinance O-18-15 adopted 12/8/15)