[Ord. No. 2043, 8-1-2023]
As used in this Article, the following words shall have the meanings indicated:
BUSINESS
Any business, regardless of legal form and either for-profit or not-for-profit, including retail establishments where goods or services are sold, professional corporations and other entities where services are delivered, the City of Rock Hill or other governmental body (or agency thereof), and private clubs,
EMPLOYEE
Any person who perform services for an employer, with or without compensation.
EMPLOYER
Any person or business utilizing the services of at least one (1) employee.
ENCLOSED AREA
Any indoor space, and any space bound by walls (with or without windows or doors) or similar partitions on at least three (3) sides that effectively divide space from the floor to ceiling, including, but not limited to, offices, rooms, all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures and hallways designed for human occupancy in which people congregate, including for amusement, entertainment, eating, drinking, education, labor, or similar purposes, including, but not limited to, bars and restaurants.
MARIJUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the marijuana plant and marijuana-infused products. "Marijuana" does not include industrial hemp, as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
PERMANENTLY DESIGNED SMOKING ROOM
1. 
A hotel or motel room that may be designated as a smoking room, with such designation being changeable only one (1) time per calendar year [not to exceed twenty percent (20%) of the guest rooms of the hotel or motel];
2. 
Any enclosed area under the control of an employer and designated for smoking, which employees can frequent during the course of employment. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility.
PLACE OF EMPLOYMENT
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 area, employee lounges and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health facility.
PRIVATE CLUB
A not-for-profit organization incorporated or chartered by law for fraternal or social purposes, which has a defined membership and restricts admission to members of the club and their guests. The definition shall not include an establishment that is generally open to members of the general public upon payment of a fee or that has employees and meets the definition of place of employment. A private club shall not be considered a "public place" except when it is the site of a meeting, event, or activity that is open to the public. A private club shall not be considered a "place of employment" by reason of the occasional use of independent contractors, such as caterers that have their own employees, in the club's enclosed areas.
PROPRIETOR
Any person acting as a proprietor, or an owner or manager or person having control of a public place.
PUBLIC MEETING
A gathering in person of members of a governmental body, whether in open or closed session, as defined in Chapter 610, RSMo.
PUBLIC PLACE
Any enclosed area, any outdoor dining or seating area, any service line to which the public is invited or in which the public is permitted, and any public park. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility. Outdoor areas are not "public places" as defined herein, other than such outdoor dining or seating areas, service lines, or public parks as provided herein.
SERVICE LINE
Any indoor or outdoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. A service line is a public place. People waiting inside their cars, such as in a drive-through line, shall not be considered to be in a "service line" as defined herein.
SMOKING
Inhaling, exhaling, burning or carrying any ignited, lighted or heated cigarette, cigar, pipe or other smoking product, equipment or apparatus involving tobacco or other plant material or nicotine in any form. Smoking includes vaping.
SMOKING SHELTER
An accessory structure that meets all applicable provisions of the zoning and building codes, with a maximum size of two hundred (200) square feet, that is detached from principal buildings, that is located more than twenty-five (25) feet from entrances, exits, operable windows and ventilation intakes of public places and places of employment, in which there is no service, possession or consumption of food or alcoholic beverages, and that is no more than seventy-five percent (75%) enclosed at any time. The percentage of enclosure shall be calculated based on the elevation area below the roof of all elevations. For calculation purposes, screens are not considered to be enclosures but louvers, windows and other solid materials qualify as enclosures. No other wall, fence, roof overhang or other obstruction of any kind may be located within five (5) feet of the openings if they have the effect of blocking the free flow of air through the required opening.
[Ord. No. 2043, 8-1-2023]
A. 
No person shall engage in smoking in any place of employment or any vehicle owned by the City of Rock Hill.
B. 
No person shall engage in smoking in a public place, including any public park, or in a public meeting.
C. 
No person shall engage in smoking on any sidewalk, driveway or other open area within fifteen (15) feet of an outdoor dining or seating area or service line, provided that no person who simply walks past such an area along a route open to the public shall be charged with a violation of this Section.
D. 
No person shall dispose of smoking waste or place or maintain a receptacle for smoking waste in any area in which smoking is prohibited under this Article.
E. 
Marijuana.
1. 
No person shall engage in the smoking of marijuana:
a. 
In any public park, street, alley, right-of-way, sidewalk, or building;
b. 
In any place in which smoking is prohibited by this Section; or
c. 
On private property within fifteen (15) feet of any place prohibited by Subsection (E)(1)(a) of this Section.
2. 
The smoking of marijuana, or the suspected smoking of marijuana, shall not, by itself, serve as the basis to detain, search, or arrest a perpetrator or suspect in a manner of for a length of time more than may be necessary to issue an ordinance violation citation as contemplated by Section 215.2460(B) hereof.
[Ord. No. 2043, 8-1-2023]
A. 
Notwithstanding any other provision of this Article to the contrary, the following shall not be subject to the smoking restrictions of this Article:
1. 
Private residences, not serving as places of employment or public places, and private vehicles;
2. 
Private clubs, except for any such club that is also a place of employment or that is the site of a meeting, event or activity that is open to the public;
3. 
Permanently designated smoking rooms; and
4. 
Smoking shelters.
[Ord. No. 2043, 8-1-2023]
A. 
It shall be unlawful for a proprietor to knowingly permit, cause, suffer, or allow any other person to violate the provisions of this Article. It shall be an affirmative defense to an alleged violation of this Section that the proprietor has asked the other person to comply with this Article and caused the person to leave the establishment if that person has failed or refused to comply (including by enlisting the assistance of Law Enforcement Personnel if required).
B. 
A proprietor shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances to a place where smoking is prohibited pursuant to this Article. Such signage shall consist of letters not less than one (1) inch in height.
C. 
A proprietor shall provide smoke-free places of employment for all employees.
[Ord. No. 2043, 8-1-2023]
A. 
Notwithstanding any other provision of this Article, the proprietor of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a non-smoking place. No person shall smoke in places so declared and posted with signs pursuant to Section 215.2440.
B. 
Nothing in this Article shall be construed or applied in such a manner as to interfere with or prohibit a proprietor from more broadly prohibiting smoking on or about their property or from prohibiting smoking in areas, at times, or under conditions which do not fall within the prohibitions established by this Article.
[Ord. No. 2043, 8-1-2023]
A. 
The authority to administer and enforce the provisions of this Article is vested with the Chief of Police and his or her duly authorized representative(s), except in the case of City-owned facilities wherein the City Administrator shall have the authority to administer and enforce the provisions of this Article.
B. 
Any person violating the provisions of this Article, with the exception of Section 215.2420(E) hereof, may be punished upon conviction as provided in Section 100.080 of this Code. Any person violating the provisions of Section 215.2420(E) hereof may be punished upon conviction by a fine not to exceed one hundred dollars ($100.00).