The following words, terms and phrases when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means any building or other enclosed structure, or portion
thereof, owned, operated or managed by the city.
shall mean any electronically powered or battery powered
device designed to simulate the smoking of tobacco, cigarettes, pipes
or cigars. An electronic vaping device includes personal vaporizers,
electronic cigarettes (e-cigarettes), electronic pipes (e-pipes),
electronic cigars (e-cigars) and any other type of electronic nicotine
delivery system or any part thereof.
means the combustion of any cigar, cigarette, pipe tobacco
or similar article using any form of tobacco or tobacco product which
is ignited and inhaled, ingested or otherwise drawn into the mouth,
nose or lungs of any person, and the use of any electronic vaping
device.
means any cigarette, cigarillo, cheroot, stogie, cigar, pipe
tobacco and any other article or product made of or with any part
of a tobacco plant or a tobacco substitute.
[Code 1984, ch. 6, § 11(A), ch. 7, § 13; Ord. No. 828-97, § III(G), 12-9-1997; Ord. No. 1271-14, § 1, 5-6-2014]
(a)
A person
commits an offense if the person possesses a burning tobacco product
or smokes a tobacco product or otherwise engages in the conduct of
smoking within any city building located within the city.
(b)
The
city manager may, in his discretion, designate areas within buildings
owned by the city where smoking shall be permitted. Such areas shall
be located, constructed and ventilated so that smoke from the smoking
area is ventilated to the outside, and so that smoke from such smoking
area does not enter other nonsmoking areas of such building. Such
smoking area shall be equipped with signs on doors leading into such
area stating: "SMOKING IS PERMITTED IN THIS ROOM".
(c)
The
provisions of this division may not be enforced against any person
in any building unless, prior to such enforcement, signs have been
placed in conspicuous locations at each entrance to such building
stating: "SMOKING PROHIBITED IN THIS BUILDING—CITY ORDINANCE"
or "SMOKING PROHIBITED IN THIS BUILDING EXCEPT IN DESIGNATED AREAS—CITY
ORDINANCE", and unless facilities for the extinguishment of smoking
materials are located at or within 20 feet of each entrance to such
building.
[Code 1984, ch. 6, § 11(B), ch. 7, § 13; Ord. No. 828-97, § III(G), 12-9-1997]
(a)
It is a defense to prosecution under this division that the building within which the offense occurred did not have signs conspicuously displayed at the entrances thereto stating that smoking within such building was prohibited, as provided in section 70-207.
(b)
It
is a defense to prosecution under this section that facilities for
the extinguishment of smoking materials were not located within the
public building or within 20 feet of the entrance or entrances to
such public building.
[Code 1984, ch. 6, § 11(C), ch. 7, § 13; Ord. No. 828-97, § III(G), 12-9-1997]
Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this division shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined and punished as stated in section 1-14. A violation of this division shall, for purpose of punishment under section 1-14, be deemed a violation of a provision governing public health and sanitation.
[Code 1984, ch. 6, § 11(D), ch. 7, § 13; Ord. No. 828-97, § III(G), 12-9-1997]
