As used in this article, the following terms shall have the
respective meanings ascribed to them:
An area which is devoted to the serving of alcoholic beverages
for consumption by patrons on the premises and in which the serving
of food is only incidental to the consumption of such beverages. Although
a restaurant may contain a bar, the term “bar” shall not
include the restaurant dining area.
Any sole proprietorship, joint venture, corporation or other
business entity formed for profit-making purposes, including retail
establishments where goods or services are sold as well as professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered.
Any licensed nursery, day-care center, preschool, or other
facility engaged in the practice of providing care for children. A
private residence is not a child-care facility, except during those
hours and in those portions of the residence when it is being used
as a business for the purpose of providing care for children.
Any office or institution providing individual care or treatment
of diseases, whether physical, mental or emotional, or other medical,
physiological or psychological conditions.
Any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a “place of employment” unless
it is used as a child-care or health-care facility as defined herein.
Any enclosed area to which the public is invited or in which
the public is permitted, not including the offices or work areas not
entered by the public in the normal course of business or use of the
premises. A private residence is not a public place.
Any coffeeshop, cafeteria, sandwich stand, private and public
school cafeteria, and any other eating establishment which gives or
offers for sale food to the public, guests, or employees, except that
the term “restaurant” shall not include a cocktail lounge
or tavern if such cocktail lounge or tavern is a “bar”
as defined herein.
Any sole proprietorship, partnership, joint venture, corporation
or other business entity where goods or services are sold or offered
for sale.
Any retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental.
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
The inhaling, exhaling, burning or carrying of any lighted
cigar, cigarette, or other combustible tobacco product in any manner
or in any form.
Any enclosed or unenclosed sports pavilion, gymnasium, health
spa, swimming pool, roller or ice rink, bowling alley and other similar
public place where members of the general public assemble either to
engage in physical exercise, participate in athletic competition,
or witness sports events.
Any indoor facility primarily used for the exhibition of
any motion picture, stage drama, musical recital, dance, lecture,
or other similar performance.
(1990 Code, sec. 5.1701)
(a)
Except as otherwise provided, smoking shall be prohibited in the
following places:
(1)
Elevators.
(2)
Public forms of transportation, including, but not limited to, buses,
vans and taxicabs.
(3)
Public restrooms.
(4)
Service lines.
(5)
Retail stores.
(6)
Public areas of galleries, libraries and museums when open to the
public.
(7)
Theaters.
(8)
Sports arenas and convention halls.
(9)
Polling places.
(10)
Child-care facilities.
(11)
Within 15 feet of any entrance of a public place through which the
public can gain initial access to the facility.
(12)
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including joint committees, or agencies of the city or
any political subdivision of the state during such time as a public
meeting is in progress, to the extent such place is subject to the
jurisdiction of the city.
(13)
Waiting rooms, hallways, wards and rooms of health-care facilities,
including, but not limited to, hospitals, clinics, physical therapy,
mental health and drug and alcohol treatment facilities, and doctors’
and dentists’ offices.
(14)
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, senior citizen residences, nursing homes, and other
multiple-unit residential facilities.
(15)
Lobbies, hallways, and other common areas in multiple-unit commercial
facilities.
(16)
Any school or educational institution operated by a business or nonprofit
entity for the purpose of providing academic classroom instruction,
trade, craft, computer or other technical training, or instruction
in dancing, artistic, musical or other cultural activities.
(17)
Any designated seating area of any public outdoor athletic facility.
(18)
Within the boundaries of any property owned, leased, or operated
by the Hunt Memorial Hospital District.
(b)
Notwithstanding any other provisions of this section, any owner,
operator, manager, or other person who controls any establishment
or facility may declare that entire establishment or facility as a
nonsmoking establishment or facility.
(1990 Code, sec. 5.1702; Ordinance 08-134 adopted 12/9/08)
(a)
Smoking is prohibited in indoor restaurants.
(b)
The prohibition set forth above shall not apply to that portion of
a restaurant which is utilized as a bar, provided that area is fully
enclosed and separated from the main area of the restaurant.
(1990 Code, sec. 5.1703)
(a)
Each employer having an enclosed place of employment located within
the city shall adopt, implement, make known and maintain a written
smoking policy which shall contain at a minimum the following provisions:
(1)
Prohibition of smoking in employer conference and meeting rooms,
classrooms, auditoriums, restrooms, waiting areas, hallways, stairways,
elevators, and nurses’ aid stations or similar facilities for
the treatment of employees.
(2)
Provision and maintenance of a contiguous nonsmoking area of not
less than two-thirds of the seating capacity and floor space in lunchrooms
and employee lounges.
(3)
Any employee may object to his or her employer about smoke in his
or her immediate work area, in employee facilities including but not
limited to restrooms, cafeterias, and health facilities, or in areas
in the workplace where he or she must traverse in the course of work
or to use employee facilities including but not limited to restrooms,
cafeterias, and health facilities.
(4)
Using previously available means of ventilation or partition of office
space, the employer must use its best efforts to reasonably accommodate
the preferences of nonsmoking and smoking employees. However, in doing
so, no employer is required to make any expenditures or structural
changes to the place of employment.
(5)
If no accommodation reasonably satisfactory to all complaining employees
can be reached in any given work area, the preferences of complaining
employees shall prevail and the employer shall prohibit smoking in
that work area. Where the employer prohibits smoking in a work area,
it shall clearly mark that area with appropriate “no smoking”
signs and, upon request, provide signs to employees for use in designating
their areas.
(b)
The employer shall announce its smoking policy to all its employees
working in workplaces in the city and shall post its written policy
conspicuously in all workplaces under the employer’s jurisdiction
and make it available upon request.
(c)
Notwithstanding the foregoing provisions of this section, every employer
shall have the right to designate any place of employment, or portion
thereof, as a nonsmoking area. If an employer fails to implement and
maintain a written smoking policy, smoking shall be prohibited on
the entire premises.
(d)
No employee shall be terminated or subject to disciplinary action
as a result of making a complaint to an employer or the city about
smoking in the workplace. Violation of this subsection is subject
to a civil penalty of two hundred dollars.
(1)
Any person claiming to be aggrieved by an alleged violation of this
subsection must file a written complaint with the human relations
department of the city within 60 days from the most recent or latest
incident of the unlawful practice.
(2)
The victim of any unlawful termination or discipline as described
in this subsection may, within 30 days of entry of the judgment of
a violation of this subsection, apply to the employer on whose behalf
the termination or discipline was imposed for reinstatement in the
employee’s former position and/or payments of any wages and
benefits that would have accrued, except for the termination or discipline.
The employer shall reinstate the victim in the employee’s former
position and pay the employee the accrued wages and benefits within
ten days of such application. Failure to comply with this subsection
is a misdemeanor, and each and every day of noncompliance may be charged
as a separate offense.
(1990 Code, sec. 5.1704; Ordinance
adopting Code)
(a)
Smoking shall be prohibited within any confined structural area of
any city-owned and city-operated facility, including but not limited
to offices, restrooms, break rooms and garages of such facilities.
These facilities include: city municipal building; Sam Reeves Alexander
Annex Building; Fletcher Warren Civic Center; W. Walworth Harrison
Public Library; public safety/courts building; Ja-Lu Municipal Swimming
Pool Complex; Raymond C. Crockett Service Center; city warehouse;
fire stations 1, 2, 4, 5; water plant; wastewater plant; municipal
animal pound; Wright Park Golf Course Pro Shop; and city electric
utility offices and facilities.
(b)
If any future facility is constructed which is city owned and operated,
the same prohibitions with regard to smoking shall apply.
(c)
“Confined structural areas” is defined as any area confined
by a solid wall and a roof, notwithstanding the existence of windows
or doors on any of the walls.
(d)
In addition, smoking shall be prohibited at the Ja-Lu Municipal Swimming
Pool Complex, inclusive of the entire area within the pool yard enclosure.
(1990 Code, sec. 5.1705)
(a)
Notwithstanding any other provision of this article to the contrary,
the following areas shall not be subject to the smoking restrictions
of this article:
(1)
Designated areas in restaurants and bars that are completely enclosed
except for doorways and served by a separate air conditioning system.
(2)
Private residences, except when used as a child-care or health-care
facility.
(3)
Retail tobacco stores.
(4)
Private clubs and recreational facilities.
(5)
Hotel, motel, and all other public and private conference and meeting
rooms while these places are being used exclusively for private functions.
(6)
A maximum of 50 percent of hotel and motel rooms; provided, however,
that each hotel and motel shall designate not less than 50 percent
of their hotel or motel rooms as nonsmoking rooms. The hotel or motel
rooms designated as nonsmoking rooms will have signs posted indicating
that smoking is prohibited in such rooms, and ashtrays removed.
(b)
Designation of smoking area at city-owned facilities.
If the public place is a park, athletic facility or recreational
area owned or operated by the city, the city may designate with appropriate
signage only the motor vehicle parking areas of the park, athletic
facility or recreational area as smoking areas.
(c)
Any restaurant, bar, or business that elects to designate a portion of the establishment for smoking must post a sign at each entrance stating “smoking allowed only in designated areas,” such sign to be in size and form as described in section 10.05.007(b) hereof.
(d)
Notwithstanding any other provisions of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment and must post a sign at each entrance stating “no smoking allowed,” such sign to be in the size and form as described in section 10.05.007(b) hereof.
(e)
Any establishment without a smoking area shall provide access to
nonsmoking areas without passage through a smoking area.
(f)
Any establishment with a smoking area shall provide restrooms in
a nonsmoking area; however, nothing herein shall prevent an establishment
from providing separate restrooms in smoking and nonsmoking areas.
(1990 Code, sec. 5.1706)
(a)
Any person or employer who owns, manages, operates or otherwise controls
the use of any premises subject to this article has the responsibility
to:
(b)
“Smoking” or “no smoking” signs, whichever
are appropriate, or the international “no smoking” symbol
(a picture of a burning cigarette inside a red circle with a red bar
across it) shall be clearly and conspicuously posted by the owner,
operator, manager, employer, or other person in control in every place
where smoking is controlled by this article. The color of such signs,
when not of the international type, shall have lettering that is distinct,
contrasting to the background, and easily read. Letters shall have
a minimum height of three-fourths (3/4) of an inch. These signs shall
be posted in English and such other language(s) as the health officer
shall decide.
(c)
Any owner, manager, operator or employer of any establishment controlled
by this article shall, upon either observing or being advised of a
violation of this article, have the obligation to inform the violator
of the appropriate requirements of this article and then request immediate
compliance.
(1990 Code, sec. 5.1707)
(a)
Enforcement of this article shall be implemented by the health officer
of the city or his/her designee.
(b)
Any citizen who desires to register a complaint under this article
may do so by filing a complaint with the health officer of the city
or his/her designee.
(c)
The fire department or the health department shall require, while
an establishment is undergoing otherwise mandated inspections, self-certification
from the owner, manager, operator or other person having control of
such establishment that all requirements of this article have been
met.
(1990 Code, sec. 5.1708)
(a)
It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to regulation under
this article to fail to comply with any of its provisions.
(b)
It shall be unlawful for any person to knowingly smoke in a public
place in any area not designated as an employee smoking area or as
a smoking area under this article.
(c)
It shall be unlawful for any person to knowingly smoke within 15
feet of any pedestrian entrance of a public place.
(d)
It shall be unlawful for any person to smoke in any area where smoking
is prohibited under this article.
(e)
Any person who smokes in an area in which smoking is prohibited shall
be subject to a fine of not less than two hundred dollars nor more
than two thousand dollars for each violation.
(f)
Any proprietor or other person in control of a public place or workplace
who fails to comply with this article shall be subject to both:
(g)
Any person aggrieved by the failure or refusal to comply with restrictions
in any municipal building and vehicle may complain in writing to the
head of the department or the agency occupying the area in which the
violation took place. Said agency or department head shall respond
in writing within 15 days to the complaint that he has inspected the
area described in the complaint and has enforced the provisions of
this article as provided herein. Any person found guilty of defacing
or removing “no smoking” signs as required by this article
shall be subject to a fine of not less than two hundred dollars nor
more than two thousand dollars.
(1990 Code, sec. 5.1709)
