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:
Electronic vaping device
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.
Notice
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.
Smoking or to smoke
means the possession of a burning tobacco, weed or other plant product or the use of an electronic vaping device.
Tobacco product
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)