The purpose of this article is to:
(1) 
Improve and protect the public's health by eliminating smoking on city property;
(2) 
Promote the right of nonsmokers to breathe smoke-free air; and
(3) 
Recognize the need to breathe smoke-free air.
(Ordinance 2023-06 adopted 5/9/2023)
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
Administrative area.
The area of a city-owned building not generally accessible to the public, including but not limited to individual offices, stockrooms, employee lounges or meeting rooms.
Electronic smoking device.
An electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor.
Public service area.
Any area to which the general public routinely has access for municipal services or which is designated a public service area.
Smokes or smoking.
Inhaling, exhaling, burning, possessing or carrying any lighted cigar, cigarette, pipe, weed, hookah pipe, or plant in any manner or in any form or operating an electronic smoking device. The combustion of material solely for olfactory purposes that does not contain any tobacco or nicotine or the emissions from a product specifically approved by the United States Food and Drug Administration for use in mitigating, treating or preventing disease is not included in this definition.
(Ordinance 2023-06 adopted 5/9/2023)
(a) 
Where prohibited.
A person commits a misdemeanor offense if he smokes, or possesses a burning tobacco, weed or other plant product; or if he smokes or possesses an operating electronic smoking device; or if he chews a tobacco, weed or other plant product in any administrative area, conference room, meeting room or public service area of any facility owned, operated or managed by the city or within 20 linear feet of any outside entrance, operable window(s), or ventilation system where smoking is prohibited, including but not limited to the city hall and city parks and recreational areas.
(b) 
City facility designated smoking areas.
The mayor may designate an area, including but not limited to outside areas, lobbies, meeting rooms, or waiting rooms, as a smoking area. Smoking and possession of burning tobacco, weed or other plant product, smoking or possession of an operating electronic smoking device or chewing of a tobacco, weed or other plant product is allowed if signs are prominently displayed designating that place as a permitted smoking area.
(c) 
Signs.
The city shall have signs conspicuously placed at all entrances where smoking is prohibited which state: "No Smoking at this City Facility and No Smoking Within Twenty Feet of Entrance — City Ordinance." It is a defense to prosecution under this section if the building/facility in which the offense occurs does not have prominently displayed at its entrance a reasonably sized notice that smoking is prohibited. In the absence of a sign designating an area of any city facility as a permitted smoking area, it shall be presumed to be a no smoking area.
(Ordinance 2023-06 adopted 5/9/2023)
There shall be no requirement of a culpable mental state for a violation of this article.
(Ordinance 2023-06 adopted 5/9/2023)