Administrative area
means the area of a business establishment not generally
accessible to the public, including, but not limited to, individual
offices, stockrooms, employee lounges or meeting rooms.
Enclosed
means closed in by a roof and walls with appropriate openings
for ingress and egress, but does not include areas commonly described
as public lobbies.
Hospital
means any institution that provides medical, surgical and
overnight facilities for patients.
Movie theater
means any establishment engaged in the business of exhibiting
motion pictures to the public.
Public meeting
means a meeting required to be open to the public under V.T.C.A.,
Government Code, chapter 551.
Public place
means any enclosed indoor areas that may be used by the general
public and includes, but is not limited to, stores, offices and other
commercial establishments, restaurants, theaters, movie theaters,
public and private schools and institutions of higher education, and
hospitals and health care facilities.
Public service area
means any areas to which the general public routinely has
access for municipal services or which is designated a public service
area in a written policy.
Smokes or smoking
includes:
(1)
Carrying or holding a lighted pipe, cigar, or cigarette of any
kind or any other lighted smoking equipment or device;
(2)
Lighting a pipe, cigar, or cigarette of any kind or any other
smoking equipment or device; or
(3)
Emitting or exhaling the smoke of a pipe, cigar, or cigarette
of any kind or any other smoking equipment or device.
Smoking area
means an area or portion of a public place, hospital, nursing
home, health care center or school designated and clearly marked for
smoking.
(2014 Code, sec. 78.01)
This division does not require the owner, operator, manager
or employee of an establishment to report a violation or to take any
action against any individual violating these prohibitions.
(2014 Code, sec. 78.03)
Any person, firm, corporation, agent or employer thereof who
violates any of the provisions of this division shall be fined an
amount not less than twenty-five dollars ($25.00) nor more than two
hundred dollars ($200.00); provided, however, in the event a defendant
has previously been convicted under this section, said defendant shall
be fined an amount not less than fifty dollars ($50.00) nor more than
five hundred dollars ($500.00) for a second conviction hereunder,
and shall be fined an amount not less than one hundred dollars ($100.00)
nor more than one thousand dollars ($1,000.00) for a third conviction
hereunder and for each conviction thereafter. Each day that a violation
is permitted to exist shall constitute a separate offense.
(2014 Code, sec. 78.04)