[HISTORY: Adopted by the Council of the City
of New Rochelle: Art. I, 6-21-1983 by Ord. No. 151-1983. Section 293-3
added at time of adoption of Code; see Ch. 1, General Provisions,
Art. II. Other amendments noted where applicable.]
[Adopted 6-21-1983 by Ord. No. 151-1983]
A. It shall be unlawful to smoke tobacco in any form
in any indoor facility which is open to the public as a theater used
for exhibiting any motion picture, stage drama, musical recital, dance,
lecture or similar performance; provided, however, that smoking by
performers as part of a theatrical production shall not be prohibited.
B. The provisions of this article shall not preclude
smoking in rest rooms or in areas commonly referred to as a "lounge"
or as a "lobby," if physically separated from the spectator area where
seating is provided for spectator viewing, provided that such areas
are designated as smoking areas.
A. It shall be the duty of the owner or operator of any facility open to the public as a theater to post signs prohibiting smoking in all spectator areas where seating is provided for spectator viewing and to post signs designating such lounge, lobby or rest room areas where smoking is permitted pursuant to §
293-1B above.
B. Such signs shall not be less than 24 inches by 12
inches in size, shall be conspicuously displayed and so located as
to give adequate notice to theater patrons.
An offense against the provisions of this article
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.