Because smoking of tobacco, or any other weed or plant, is a
positive danger to health and a cause of material annoyance, inconvenience,
discomfort and a health hazard to those who are nearby, and in order
to serve public health, safety and welfare, the declared purpose of
this chapter is to prohibit the smoking of tobacco, or any other weed
or plant, in public places and places of employment.
(Ord. 387 § 2, 1987; Ord. 1134 § 2, 2018)
means an area comprising fifteen feet or less from the perimeter
of a permanent counter which is primarily devoted to serving alcoholic
beverages and within which the service of food is only incidental
to the consumption of such beverages. Although a restaurant may contain
a bar, the term bar shall not include the restaurant/dining area.
The city council (or its designee) may extend the fifteen-foot limitation
to encompass a larger area upon a demonstration by the owner of an
establishment that such area is primarily devoted to the serving of
alcoholic beverages (such as a bar room, cocktail lounge or similar
facility) and the service of food is only incidental to the consumption
of such beverages.
means any enclosed area under the control of a public or
private employer which employees normally frequent during the course
of employment, including, but not limited to, work areas, employee
lounges, conference rooms and employee cafeterias. A private residence
is not a place of employment.
means:
Any enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, retail stores,
retail service establishments, retail food production and marketing
establishments, restaurants, theatres, waiting rooms, reception areas,
educational facilities, health facilities and public transportation
facilities, but excluding a private residence.
City parks.
means and includes the carrying of a lighted pipe, or the
lighting of a pipe, cigar or cigarette of any kind.
(Ord. 387 § 3, 1987; Ord. 1134 § 2, 2018)
No person shall smoke in a public place or place of employment.
(Ord. 387 § 4, 1987; Ord. 1134 § 2, 2018)
A.
Signs
which designate no-smoking areas established by this chapter shall
be clearly, sufficiently and conspicuously posted in every room, building
or other place so covered by this chapter. The form of the sign shall
conform to the international designation:
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B.
No-smoking
signs shall be specifically placed in all establishments open to the
public, so that they are clearly visible to persons upon entering
the establishment. Retail food establishments and retail markets shall
place signs so that they are clearly visible to persons in checkout
lines, and clearly visible to persons at meat and produce counters.
The manner of such posting, including the wording, size, color and
place of posting, whether on the walls, doors, tables, counters, stands
or elsewhere, shall be at the discretion of the owner, operator, manager
or other person having control of such room, building or other place
so long as clarity, sufficiency and conspicuousness are apparent in
communicating the intent of this chapter.
(Ord. 387 § 5, 1987; Ord. 418 § 1, 1988; Ord. 1134 § 2, 2018)
A.
1.
Individual
private offices.
2.
Hotel
and motel guest rooms, meeting and assembly rooms rented to guests
and organizations and not open to the public.
3.
Rooms
while in use for private social and meeting functions.
4.
Bars.
5.
Stores
dealing exclusively in tobacco products.
6.
Restaurants.
Smoking may be permitted in a restaurant under the following conditions:
a.
No more than one-third of the seating capacity is designated as a
smoking area.
b.
A city-approved charcoal filtration system or other system designed
to filter and eliminate smoke, its toxic effect and its particles
from the area is installed in the restaurant and specifically within
the smoking area.
c.
An illustrative seating floor plan showing the smoking and non-smoking
areas is prominently displayed in the lobby and a sign shall be clearly
and conspicuously placed on the top surface area of all tables in
the non-smoking area indicating the fact that it is a non-smoking
table. No ashtrays will be located upon any table in the non-smoking
area. Patrons shall be advised of their right to be seated in either
the smoking or non-smoking section prior to being seated.
7.
Places
of Employment. Smoking may be permitted in places of employment under
the following conditions:
a.
One room no larger than ten percent or two hundred square feet, whichever
is the greater, of the floor area of the place of employment may be
designated as a smoking lounge. If one lounge is provided employees,
it shall be non-smoking.
b.
The smoking lounge is physically separated by a floor to ceiling
barrier from the balance of the public area and a city-approved charcoal
filtration system or other system designed to filter and eliminate
smoke, its toxic effect and its particles from the enclosed area is
installed.
B.
Any
owner or manager of a business or other establishment subject to this
chapter may apply to the city for an exemption or modification of
the provisions of this chapter due to unique or unusual circumstances
or conditions.
C.
The
requirement of a filtration system is waived for restaurants open
to the public on the effective date of the ordinance codified in this
chapter.
D.
All new construction of commercial buildings, offices, retail or restaurants, must provide clean air filtration systems that comply with subsection (A)(6)(b) of this section. New construction, for purposes of this section, shall be defined as the construction of any improvement upon a vacant parcel, the reconstruction or repair of fifty percent or more of the square footage of any structure in existence upon the effective date of the ordinance codified in this subsection, or the addition of any structure upon an existing structure that increases the square footage of said existing structure by fifty percent or more.
(Ord. 387 § 6, 1987; Ord. 418 §§ 2—5,
1988; Ord. 421 § 1, 1988; Ord. 1134 § 2, 2018)
A.
The
city council shall be responsible for compliance with this chapter
when the facilities which are owned, operated or leased by the city
are involved.
B.
The
owner, operator or manager of any facility, business or agency within
the purview of this chapter shall comply herewith. Such owner, operator
or manager shall post or cause to be posted all "No Smoking" signs
required by this chapter. Such owner, operator or manager shall not
allow service to anyone who violated this chapter by smoking in a
posted "No Smoking" area.
C.
It shall
be the responsibility of employers to disseminate information concerning
the provisions of this chapter to employees.
(Ord. 387 § 7, 1987; Ord. 928 § 2, 2006; Ord. 1134 § 2, 2018)
