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:
City building
means any building or other enclosed structure, or portion thereof, owned, operated or managed by the city.
Electronic vaping device
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.
Smoking
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.
Tobacco product
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]