[1]
Editor’s note – Former Div. 1 pertained to similar subject matter and derived from Code 1975, §§ 15-141, 15-145, and 15-146.
The following definitions shall apply to this article:
Patio
means an unconditioned eating area physically adjoining an existing eating establishment with at least two sides of its perimeter open to an exterior yard, court and/or parking area. The exterior perimeter may have full or partial height walls provided at least 40 percent of the wall area is equipped with permanent openings that do not restrict ventilation or the free flow of air.
Person
means any individual.
Private club
means an association of persons as members, whether incorporated or unincorporated under the laws of the state, for the promotion of some common object, and organized by a board of representatives, including but not limited to a fraternal organization, private social club or dinner club. Private club described as a facility in this chapter shall mean any enclosed area to which the public is not invited or in which the public is not permitted which is owned, leased or rented by the private club for its members and their guests. A privately-owned business, open to the public, is not a private club.
Public building
means any building other than a building used as a private residence. If portions of a building are used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building" as used herein shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. The term "public building" includes, but is not limited to, restaurants, offices and other workplaces, warehouses, health care facilities, and elevators, and enclosed common areas of multifamily developments. For purposes of this definition, it does not include a private area not accessible to the public.
Smoke or smoking
means inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted tobacco, weed, or other plant product in any manner or form.
(Ordinance 3273, § 1, adopted 9/23/2013)
(a) 
It shall be unlawful for any person to perform the following acts in any public building in the city or within 25 feet of any public entrance or exit to any public building:
(1) 
Smoke,
(2) 
Carry a lighted cigarette, cigar, or tobacco-containing pipe, or
(3) 
Light a cigarette, cigar or tobacco-containing pipe.
(b) 
It shall be unlawful for any owner of any public building to allow the operation of the establishment unless one or more of the following signs have been posted at a location clearly visible to a person entering the establishment:
(1) 
A "No Smoking" sign, or
(2) 
The international "No Smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it).
(c) 
It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within 25 feet from an entrance or exit to any public building:
(1) 
Ashtrays,
(2) 
Smoking paraphernalia, or
(3) 
Signs that indicate that smoking is permitted.
(d) 
It shall be unlawful for the owner or operator of any public building to allow smoking in any public building or within 25 feet of a public entrance or exit to any such public building.
(e) 
It shall be unlawful for the owner of any restaurant to allow smoking in any location on the property where food is served.
(f) 
The following are excepted from the prohibitions of this section:
(1) 
An owner or operator may allow smoking in a designated outdoor public patio area of a restaurant located more than 25 feet from the main public entrance;
(2) 
A private or semi-private room in a nursing home or long term health care facility that is occupied by persons who smoke and have requested in writing to be placed in rooms where smoking is permitted; or
(3) 
A retail or service establishment which derives at least 60 percent of its income from the sale of tobacco, tobacco products or smoking implements; and the establishment has a primary public entrance and restroom facilities not connected with any other businesses; and is posted for no one under the age of 18 years is allowed to be admitted.
(4) 
An adult bar as defined in section 118-711 of the City Code.
(5) 
A fraternal organization or private club not serving the general public; or
(6) 
A private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner or operator of the hotel or motel, as long as no more than 20 percent of the rooms are designated smoking and all smoking rooms are located on the same floor.
(7) 
Any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of a stage production.
(Ordinance 3273, § 1, adopted 9/23/2013)
(a) 
Prohibited; exception.
It shall hereafter be unlawful for any person to smoke tobacco, chew tobacco or dip tobacco or snuff within the confines of any city-owned and operated building or any city-owned park or trail maintained by the city.
(b) 
Intent.
It is the intent of the city council in passing this section to create a smoke-free and tobacco-free environment within all city buildings and city parks including trails maintained by the parks department.
(c) 
Notice.
Notice of this section shall be given by posting written "THIS FACILITY IS TOBACCO FREE" signs at or near the main entrance of each building. Each letter in the sign shall be at least 1.5 inches in height. Notice of this section shall be given on all rules and regulations signs located in all parks.
(Ordinance 3273, § 1, adopted 9/23/2013)
Any person who violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to a fine as set forth in section 1-13 of this Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense. Any association, partnership or cooperation that violates this article shall be guilty of a health and sanitation misdemeanor violation and subject to such fine.
(Ordinance 3273, § 1, adopted 9/23/2013)
The city manager and his designees are authorized to issue citations and take all action necessary to enforce this division.
(Ordinance 3273, § 1, adopted 9/23/2013)