The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any product that uses a mechanical heating element,
battery, or electronic circuit to heat a liquid solution, with or
without nicotine, in a vapor cartridge, to simulate the smoking of
tobacco product, weeds, or other plant product. An electronic vaping
device includes personal vaporizers, electronic cigarettes (e-cigarettes),
electronic pipes (e-pipes), electronic cigars (e-cigars), and any
other type of electronic nicotine or vapor delivery system, or any
part thereof.
means the posting of signs in sufficient numbers and at such
conspicuous locations so as to be readily observable by a reasonably
observant person indicating that an area readily discernible by a
reasonably observant person delineated upon such sign or clearly apparent
from the placement of such signs prohibits smoking within such area
and references on such sign that smoking within such area is prohibited
by city Ordinance No. 87-919, or as to indoor service lines that smoking
in line is prohibited by such ordinance.
means the possession of a burning tobacco, weed or other
plant product or the use of an electronic vaping device.
means a cigarette, cheroot, stooge, cigar, snuff, smoking
tobacco, chewing tobacco, and article or product made of tobacco or
a tobacco substitute.
(Code 1974, § 8-115; Ordinance 1138, § I, 7-12-94; Ordinance 2050, § 1, 11-25-14)
(a)
An owner,
operator, manager, employer or other person having control of any
building or area within a building may designate all or any part of
such building or area thereof as a no smoking area wherein smoking
shall be prohibited upon compliance with the provisions of this article
and the posting of notice as required in this article reading “Smoking
Prohibited By City Ordinance No. 87-919.”
(b)
A person
commits an offense by smoking in an area where notice is posted as
provided in this article.
(c)
A person
also commits an offense by smoking in an indoor service line in which
more than one person is giving or receiving goods or services, such
as, by way of example and not by limitation, retail store and food
market checkout lines, service lines of financial institutions such
as bank teller lines, and food service lines such as cafeteria lines,
provided the owner, operator, manager, employer or other person having
control of the goods or services being given or received provides:
(1)
Signs
of sufficient numbers and at such conspicuous locations as to be readily
observable by a reasonable observant person reading “Smoking
In Line Prohibited By City Ordinance No. 87-919”; and
(2)
Receptacles
for the extinguishment of smoking materials within the immediate area
of such service line and no further than 20 feet thereof.
(Code 1974, § 8-116)
It shall be a defense to prosecution under this article that
the area designated wherein smoking is prohibited was not posted with
notice thereof as provided in this article. It shall also be a defense
to prosecution under this article that facilities for the extinguishment
of smoking materials were not located within the area wherein smoking
is prohibited or within 20 feet of each entrance to the area so designated
wherein smoking is prohibited and within which the offense takes place.
(Code 1974, § 8-117)
The owner, operator, manager, employer or other person having
control of any area where smoking is to be prohibited shall post notice,
as provided in this article, in sufficient numbers and at such conspicuous
locations, including entrances thereto, so as to be readily observable
by a reasonably observant person, and shall provide receptacles for
the extinguishment of smoking materials within such area or within
20 feet of the entrance to such area where smoking is to be prohibited
as provided by this article.
(Code 1974, § 8-118)
Any person violating the terms and provisions of this article shall be deemed guilty of a misdemeanor and shall be punished as provided in section 1-12 of this Code. Each day that such violation continues shall be a separate offense. This penalty shall be cumulative of all other remedies. Any such violation shall be deemed a violation of a provision governing public health under section 1-12 of this Code.
(Code 1974, § 8-119; Ordinance 1077, § XVII, 5-12-92)
A person commits an offense if he or she sells, offers for sale,
allows the sale of, allows the offer for sale of or allows the display
for sale of tobacco products by use of a vending machine. It is an
exception to the offense created by this section:
(1)
That
a cigarette vending machine is located within an enclosed facility
which does not admit any person under the age of 18 years. The establishment
shall post a sign at each entrance of the enclosed facility that persons
under the age of 18 years are prohibited from the enclosed facility.
Enclosed facility means an area surrounded by a wall and which area
may not be accessed except by doorway.
(2)
That
a cigarette vending machine is located in a portion of a facility
to which the general public or members of a private club do not have
access. The establishment shall post a sign at the entrances to this
area to which the general public or members of a private club are
prohibited.
(Ordinance 1138, § I, 7-12-94)
