The following words, are 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:
Hotel or motel.
A building in which the public may, for consideration, obtain
sleeping accommodations. The term includes a hotel, motel, tourist
home, tourist court, lodging house, inn, or bed and breakfast. The
definition specifically excludes a room in a dormitory or roominghouse,
a mobile home, a single-family house, duplex, or triplex, or a living
unit in an apartment, condominium, cooperative, or townhome.
Operator.
The owner or person in charge of a hotel or motel.
Smoking.
Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette, pipe, weed, plant, or other combustible substance in any
manner or in any form.
(Ordinance 2015-02-02-009 adopted 2/2/15)
A person commits an offense if the person is smoking in a hotel
or motel.
(Ordinance 2015-02-02-009 adopted 2/2/15)
(a) The
operator of a hotel or motel shall conspicuously post a “no
smoking” sign, the international “no smoking” symbol
(depiction of a burning cigarette enclosed in a red circle with a
red bar across it), or other sign containing words or pictures that
reasonably prohibit smoking at each entrance to the hotel or motel.
(b) The
operator of a hotel or motel shall remove any ashtray or other smoking
accessory from a place where smoking is prohibited.
(c) It
is a defense to prosecution under this article that an operator failed
to post a sign required under this section.
(Ordinance 2015-02-02-009 adopted 2/2/15)
Neither allegation nor evidence of culpable mental state is
required for the proof of an offense defined by this article.
(Ordinance 2015-02-02-009 adopted 2/2/15)
A violation of any provision of this article shall be deemed
to be a misdemeanor and, upon conviction, such violation shall be
punishable by a fine in an amount not to exceed $500.00. Each day
of violation shall constitute a separate offense.
(Ordinance 2015-02-02-009 adopted 2/2/15)
This article is cumulative of other laws that regulate smoking.
(Ordinance 2015-02-02-009 adopted 2/2/15)