There shall be no requirement of a culpable mental state for
a violation of this division.
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119.5)
(a)
The
building official or designee shall provide each applicant for a certificate
of occupancy with a copy of the ordinance from which this division
derives.
(b)
All
persons, owners, operators, persons in charge or managers of any facility,
business or agency within the purview of this division shall comply
with the provisions of this division.
(c)
The
building official or designee, in his/her sole discretion, may enforce
this division by any of the following actions:
(1)
Serving written notice on the owner, operator, person in charge or
manager of any facility, business or agency within the purview of
this division, requiring the correction, within a specified reasonable
time frame, of any violation of this division;
(2)
Requesting the city attorney to maintain an action for injunction
to enforce the provisions of this division, to cause the correction
of any such violation and for assessment and recovery of a civil penalty
for such violation, including attorney’s fees;
(3)
Issuing a municipal court citation; or
(4)
In cases where occupancy permits are required, denying an occupancy
permit.
(d)
The
remedies contained herein are cumulative of, and in addition to, any
other remedies that are available to the city at law or in equity.
(e)
In
undertaking the enforcement of this division, the city is assuming
an undertaking only to promote the general health, safety and welfare
of its citizens. The city is not assuming any duty or obligation,
nor is it imposing any duty and/or obligation on its officers and/or
employees, nor is it liable in money damages or otherwise to any person
who claims that:
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119.6)
(a)
A person
commits an offense in violation of this division by smoking, including
the use of e-cigarettes, in any public area in any of the following
places in the city, and an offense is punishable by a fine not to
exceed five hundred dollars ($500.00):
(1)
A public or private preschool or primary or secondary school;
(2)
Elevators, museums, libraries, galleries, and public transportation
conveyances and facilities;
(3)
Any building which is used for or designated for the purpose of exhibiting
any motion picture, stage drama, lecture, musical recital, athletic
event or any other such event whenever open to the public;
(4)
Any retail or service establishment serving the general public, including,
but not limited to, any food products establishment, department store,
bingo parlor, bowling center, bar, nightclub, tavern, lounge, sexually
oriented business, billiard hall, laundromat, bank, drugstore, shopping
mall, or hair styling salon;
(5)
Within all areas available to and customarily used by the general
public in all buildings of governmental subdivisions of the state
located in the city, not the state or federal government, nonprofit
entities patronized by the public, and private institutions of education;
(6)
Within any public area of a health-care facility or hospital, including,
but not limited to, clinics, physical therapy facilities, nursing
and convalescent homes, residential treatment centers/homes and doctors’
and dentists’ facilities;
(8)
Within a hospital as defined in this section.
(b)
It
shall be unlawful for any person to mutilate or destroy any signs
required by this division and an offense is punishable by a fine not
to exceed five hundred dollars ($500.00).
(c)
Notwithstanding
any other provision of this division to the contrary, smoking including
the use of e-cigarettes is not prohibited in the following areas:
(1)
Private residences, except when used as a licensed child-care or
health-care facility or other commercial use;
(2)
Hotel and motel rooms rented to guests;
(3)
Retail tobacco stores that have an enclosed, separately ventilated
smoking room that exhausts directly to the outside environment;
(4)
Any area exterior to the building in which the establishment or facility
is located;
(5)
Any enclosed rooms in an establishment which are being used entirely
for private parties, events or other social functions or by a private
club;
(6)
Enclosed areas of an employer that are not available to the general
public;
(7)
Any designated smoking area that meets the requirements specified
herein; or
(8)
General and administrative offices and professional, educational,
or governmental offices primarily used by employees, and not the public.
(d)
Each
of the following circumstances shall be a defense to prosecution under
this section:
(1)
That the public place in which the offense takes place does not have
prominently displayed a reasonably sized sign that smoking is prohibited
by law and that an offense is punishable by a fine not to exceed five
hundred dollars ($500.00), or as authorized by state law;
(2)
That, in a facility listed in subsection (a)(6) of this section, all patients within the room are smokers and such smoking is ordered on the health-care facility’s admission form by an attending physician, in keeping with the guidelines established by the facility. Separate ventilation exhaust may be required by the building official to accommodate such orders;
(3)
That the smoking occurred in any public transportation conveyance or public place set out in subsection (a) of this section that is not equipped with facilities for extinguishment of smoking materials;
(4)
That the person who is smoking does so exclusively within an area
designated for smoking tobacco; or
(5)
As a participant in an authorized theatrical performance.
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119; Ordinance 2011-19 adopted 6/14/11; Ordinance 2016-34, sec. 7, adopted 9/27/16)
The owner, operator or person in charge of a public area described in section 6-7-64(a), and not excluded by section 6-7-64(c), shall be guilty of an offense and subject to a fine not to exceed two thousand dollars ($2,000.00), and subject to the other remedies provided in this division, for failure to comply with the following requirements:
(1)
Failure
to post signs, when required by this division, which designate smoking
or no smoking areas that are reasonably sized and prominently displayed
and, in the case of signs which designate no smoking, state that smoking
is prohibited by law and an offense which is punishable by a fine
not to exceed five hundred dollars ($500.00), or as authorized by
state law.
(2)
When
smoking is prohibited, failure to provide facilities for extinguishment
of smoking materials within twenty (20) feet of and outside of the
public entrances, or as otherwise required by state law.
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119.1; Ordinance 2011-19 adopted 6/14/11)
In the event that both a smoking area and a nonsmoking area
are designated, the owner, operator or person in charge of the public
area shall provide for the smoking areas to meet the following requirements:
(1)
(A)
Such smoking areas are equipped with a functional air purification
system or functional separate ventilation system. Such systems shall
have a negative pressure on the area designated for smoking to prevent
air from a smoking area to be drawn across or into the nonsmoking
area. All ventilation systems shall provide a total air exchange every
fifteen (15) minutes and shall exhaust that air to the exterior of
the building.
(B)
Exception: An alternate system not complying with the above can be
substituted, provided:
(i)
Designated smoking areas must be substantially separated from the
nonsmoking areas by physical means, such as by partitions or by approved
air barrier systems.
(ii)
Designated smoking areas must be provided a separate HVAC system
from those serving nonsmoking areas.
(iii)
The system must remove visual smoke at a rate of four (4) times
per hour and that air from designated smoking areas must not be drawn
across nonsmoking areas.
(2)
All
systems shall be tested, and such tests shall be made available to
the building official when requested, and the owner, operator or person
in charge may be required to pass additional tests in the future as
determined necessary by the building official if the adequacy of the
system appears to fail to meet the objectives of this division or
as a periodic maintenance check.
(3)
A sign,
reasonably sized, must be prominently displayed by the owner, operator
or person in charge of the public area on the premises and state that
smoking is permitted in the designated smoking area and, where smoking
is not permitted, [the owner, operator or person in charge must] prominently
display a reasonably sized sign or signs that give notice that smoking
is prohibited by law and that an offense is punishable by a fine not
to exceed five hundred dollars ($500.00), or as authorized by law.
(4)
Designated
smoking areas shall not include common areas.
(5)
Failure
to meet these standards will result in the denial of the opportunity
to operate such smoking area. Smoking areas failing the prescribed
test or not in compliance with the requirements contained herein shall
be deemed to be nonsmoking until successfully tested.
(6)
All children’s playgrounds associated with eating establishments shall be nonsmoking. All doors and gates leading to such play areas shall be posted with separate no smoking signs that comply with section 6-7-65(1) or state law.
(7)
This
section shall not be applicable to public transportation conveyances,
but it shall be applicable to public transportation facilities.
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119.2)
It shall be a defense to section 6-7-65, unless required by state law, that the owner, operator, or person in charge of any establishment or facility described in this division has declared the establishment or facility as a smoking establishment by posting signs that are clearly visible at allpublic entrances stating: “Smoking Area Only” and has not attempted in any way to designate both a smoking area and a nonsmoking area. This section shall not be applicable to public transportation conveyances or facilities.
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119.3)
In the event that the public area is one which is designated
as no smoking, the owner, operator or person in charge shall:
(1)
Prominently
display a reasonably sized notice that smoking is prohibited by state
law in such conveyance or public place and that an offense is punishable
by a fine not to exceed five hundred dollars ($500.00); and
(2)
Provide
facilities for extinguishment of smoking materials.
(Ordinance 2001-27, sec. 3, adopted 6/26/01; 1957 Code, sec. 8-119.4)
