A. 
The city council finds that:
1. 
The smoking of tobacco or any other weed or plant is a proven danger to health.
2. 
Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution.
3. 
Reliable studies have shown that breathing second-hand smoke is a significant health hazard.
4. 
Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm.
5. 
Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-hand-smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the same.
6. 
Ease of accessibility to tobacco and tobacco-related products through cigarette vending machines must be diminished in order to promote smoke-free environments.
7. 
Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment.
8. 
Smoking is a documented cause of fires; and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses.
B. 
Accordingly, the city council finds and declares that the purposes of this chapter are to protect the public health and welfare of the residents, persons employed in and persons who frequent this city by the elimination of smoking in designated enclosed places, including places of employment and restaurants, and to have a reasonable balance between the needs of smokers and the needs of nonsmokers to breathe smokefree air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.
(Ord. 91-61)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"Bar"
means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
"Business"
means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
"Dining area"
means any enclosed area containing a counter or tables upon which meals are served.
"Employee"
means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.
"Employer"
means any person, partnership, corporation, or nonprofit entity, including a municipal corporation, who employs the services of one or more persons.
"Enclosed"
means closed in by a roof and four walls with appropriate openings for ingress and egress.
"Nonprofit entity"
means any corporation, unincorporated association or other entity created for charitable, educational, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.
"Place of employment"
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 and restrooms, conference and classrooms, cafeterias and hallways. Exception: A private residence is not a place of employment, unless it is used as a child care or a health care facility.
"Public place"
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms.
"Restaurant"
means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishment, organization, club, boarding house, or guest house, which gives or offers food for sale to the public, guests, patrons or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if the cocktail lounge or tavern is a "bar," as defined above.
"Retail tobacco store"
means a retail store utilized primarily for the sale of tobacco products and accessories.
"Service line"
means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money.
"Smoking"
means inhaling, exhaling, burning or carrying any lighted pipe, cigar, cigarette or weed of any kind.
"Sports arena"
means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition or witness sports events.
(Prior code § 96.02)
A. 
Smoking shall be prohibited in all enclosed public places within the city, including, but not limited to, the following places:
1. 
Elevators and restrooms;
2. 
Buses, taxicabs and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots which are enclosed;
3. 
Service lines;
4. 
Retail stores;
5. 
Retail food marketing establishments, including grocery stores and supermarkets;
6. 
All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels;
7. 
Restaurants;
8. 
Any building not open to the sky which is used primarily as a museum or for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production;
9. 
Enclosed sports arenas and convention halls;
10. 
Every room, chamber and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee or agencies of the city, or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;
11. 
Doctors' offices, dentists' offices, waiting rooms, hallways, wards and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics and physical therapy facilities. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited;
12. 
Polling places.
B. 
Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Further, provided that notwithstanding this chapter, the owner or person who controls such establishment may, but is not required to set aside in any facility described in this section a separate room with walls and doors reasonably impermeable to tobacco smoke for use as an employee lounge or break room.
(Prior code § 96.03)
A. 
It shall be the responsibility of employers to provide smoke-free areas for nonsmokers within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas.
B. 
Each employer in each place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements:
1. 
Prohibition of smoking in conference and meeting rooms, classrooms, auditoriums, restrooms, medical facilities, hallways and elevators;
2. 
Any employee in a place of employment shall be given the right to designate his or her immediate work area as a nonsmoking area and to post the same with an appropriate sign or signs, to be provided by reasonable definition of the term "immediate work area." In any dispute arising under this smoking policy, the rights of the nonsmoker shall be given precedence.
C. 
The smoking policy shall be communicated to all employees within three weeks of its adoption and at least annually thereafter.
D. 
All employers shall supply a written copy of the smoking policy to any prospective employee.
E. 
Notwithstanding any other provisions of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area.
F. 
Commencing January 1, 1993, smoking is prohibited in all places of employment, including, but not limited to, open office areas, shared offices, cubicles, private offices, hallways, restrooms, escalators, elevators, stairways, lobbies, reception rooms, waiting areas, classrooms, meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms and lounges.
G. 
All employers shall comply with these nonsmoking revisions and shall be responsible for their implementation in their places of employment.
H. 
"No smoking" signs shall be posted.
(Prior code § 96.04)
Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter:
A. 
Bars;
B. 
Private residences, except when used as a child care or a health care facility;
C. 
Hotel and motel rooms rented to guests;
D. 
Retail tobacco stores.
(Prior code § 96.05)
A. 
"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height, 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) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this chapter by the owner, operator, manager or other person having control of such building or other place.
B. 
Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture.
C. 
An owner, operator or manager of a building wherein, pursuant to these regulations, there is no smoking permitted in any space in the building may limit the "No Smoking" postings to first floor entrances and exits and to the elevator lobby areas of all other floors.
D. 
Hotels and motels will prominently post in the lobby a sign notifying patrons of the availability of non-smoking accommodations The rooms so designated will be posted as nonsmoking rooms and ashtrays shall be removed.
(Prior code § 96.06)
A. 
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.
B. 
It shall be unlawful for any person to smoke in any area restricted by the provisions of this chapter.
(Prior code § 96.07)
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.
(Prior code § 96.08)
The city manager, on behalf of the city, shall annually request other governmental agencies having facilities within the city to establish local operating procedures in cooperation with this chapter. The city manager shall urge federal, state and county agencies and school districts to enforce their existing smoking regulations and to voluntarily comply with this chapter.
(Prior code § 96.09)
A. 
Enforcement shall be implemented by the city manager or designee.
B. 
Any citizen who desires to register a complaint hereunder may initiate enforcement with the city manager, or designee.
C. 
Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof.
D. 
In undertaking the enforcement of this chapter, the city is assuming and undertaking only to promote the general welfare. It is not assuming, nor is it imposing upon its officers and employees an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
E. 
When the provisions of this chapter are not remedied by city officials with authority to remedy any violations of this chapter, civil action against the city is denied, and the city is absolved of any responsibility to enforce and/or of any liability for failure to enforce any provision hereof.
F. 
Notwithstanding the above, a private citizen may bring a legal action for nuisance to enforce this chapter.
(Prior code § 96.11)