For the purposes of this article, the terms used herein are
defined as follows:
A system that creates an air curtain to prevent drift or
penetration of tobacco smoke from a smoking area to a nonsmoking area
and not allowing drift or penetration from the ceiling down to twenty-four
(24) inches above the floor.
An electrically powered, hospital grade, HEPA media filter
that will clean all of the air in the designated smoking area every
fifteen (15) minutes as follows: not less than ninety-five (95) percent
of 0.3-micron particulate efficiency, including but not limited to
dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses
and allergens, and not less than ninety-five (95) percent removal
of gases, vapors, volatile organic compounds (VOC) and odors.
The city building official, or his/her designee, charged
with, among other things, the duties of enforcing and administering
this article.
The city hall building, the police and municipal court building,
all fire stations, the city warehouse, all water treatment and sewage
treatment buildings, all city shop buildings, the animal control buildings,
the parks and recreation shop, the utility administration/parks building
and the lab building.
Restrooms, lobbies, service line areas, public telephone
areas, and other areas commonly used by all patrons, including access
thereto.
An area which has been designated for smoking.
An electronic cigarette or any other device that simulates
smoking by using a mechanical heating element, battery, or electronic
circuit to deliver nicotine or other substances to the individual
inhaling from the device. The term does not include a prescription
medical device unrelated to the cessation of smoking. The term includes:
A device described by this subsection regardless of whether
the device is manufactured, distributed, or sold as an e-cigarette,
e-cigar, or e-pipe or under another product name or description; and
A component, part, or accessory for the device, regardless of
whether the component, part, or accessory is sold separately from
the device.
Any restaurant, coffee shop, cafeteria, luncheonette, tavern,
sandwich stand, soda fountain, private and public school cafeteria
or eating establishment or any other eating establishment which gives
or offers for sale food to the public, guests, patrons or employees.
Other food product establishments include, but are not limited to,
grocery stores and food markets, not including those outdoors.
The enclosed facilities owned by Ector County Hospital District
(doing business as Medical Center Hospital), Odessa Regional Medical
Center or Basin Healthcare Center, within fifty (50) feet of any entrance
to the enclosed facilities and encompassing the circular drive outside
the entrance to the emergency room.
A barrier that will form an effective membrane continuous
from the inside of the outside wall to the inside of the outside wall,
from a smoke barrier to a smoke barrier, from floor to deck or roof
above, or a combination thereof, including continuity through all
concealed spaces, such as above suspended ceilings, and interstitial
structural and mechanical spaces. Transfer grilles, louvers and similar
openings shall not be used in these partitions. Self-closing, tightfitting
doors are permitted in such barriers.
Any building, premises or portion thereof which is permitted
by the state and allowed by the zoning ordinance of the city as a
private club for the storing, possession and dispensing for on-premises
consumption of alcoholic beverages. Private club does include premises
operated by an organization which are not available to and not customarily
used by the general public and where entry and privileges thereto
are established by regulations of that organization.
Any indoor and/or enclosed area, whether existing prior to
or subsequent to the effective date of this article, that is open
to or is used by the general public, and includes the common area.
The use of any vehicle or mode of transportation providing
transportation to the public over the streets of the city, including
any taxicab, bus, limousine, courtesy van or touring vehicle. It includes
the area occupied by the operator as well as the passenger area.
Any establishments used in connection with public transportation
conveyances wherein the public is provided access.
Any establishment which sells goods or services to the general
public.
A retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of the other products
is merely incidental.
An indoor line or area where persons await service of any
kind, regardless of whether or not such service involves the exchange
of money. Such service shall include, but is not limited to, sales,
giving of information, directions or advice and transfers of money
or goods.
The carrying or holding of a pipe, cigar or cigarette, or
tobacco or other plant product of any kind which is burning, or the
igniting of a pipe, cigar, or cigarette, or tobacco or other plant
product of any kind which is burning. Use of the word “smoking”
within this article shall specifically include the use of an e-cigarette.
The lighting, emitting, or inhaling of smoke, or the carrying
or holding, of a lighted pipe, cigar, or cigarette or any other lighted
smoking equipment, or the ingestion, chewing, spitting out or inhaling
of snuff, chewing tobacco or any other product made of tobacco. Any
prohibition of the use of tobacco products in this article shall also
constitute a prohibition on the use of e-cigarettes.
An HVAC system designed to a professional engineering standard
to meet the requirements of the city’s mechanical code, as amended.
(Ordinance 89-84, sec. 2, adopted 10/24/89; Ordinance 92-67, sec. 1, adopted 9/8/92; Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, secs. 8-111, 8-118; Ordinance 2011-19 adopted 6/14/11; Ordinance 2016-34, secs. 1–3,
adopted 9/27/16)
