The text
Sec. 70-61. - Smoking of tobacco prohibited.#
It shall be unlawful for any person to smoke, or possess, any lighted or burning cigarette, cigar, pipe, or tobacco, of any description, within any building owned and maintained by the city, and open to and used by the general public.
(Ord. No. 96-12, § 1, 9-24-96)
Sec. 70-62. - Notice.#
The city manager shall cause signs to be placed in one or more prominent places within each building owned and maintained by the city and open to and used by the general public, giving notice that the smoking and/or use of any lighted tobacco product is prohibited within such building. Such notice or notices shall be posted near the entrance of the building, It shall be sufficient that any such sign be eight inches by eight inches or larger, and contain the words "No Smoking."
(Ord. No. 96-12, § 2, 9-24-96)
Sec. 70-63. - Designated smoking area.#
The city manager may in appropriate circumstances designate an area or office in any city building open to the public as an area in which smoking is permitted. Except for any office so designated, any area so designated shall be identified with an appropriate sign bearing the words "Designated Smoking Area." It shall not be a violation of this article for a person to smoke a tobacco product within an area that has been so designated as an authorized "Designated Smoking Area."
(Ord. No. 96-12, § 3, 9-24-96)
Sec. 70-64. - Definitions.#
E-cigarette means any device which simulates tobacco smoking by producing a vapor that resembles smoke.
Enclosed area means a space that is enclosed on all sides by solid walls that extend from the floor to the ceiling, exclusive of windows and doors.
Operator means the owner or person in charge of a public place or workplace, including an employer.
Public place means an enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, waiting rooms, and offices unless exempted as provided for herein. A private residence is not a "public place" unless it is used as a child care, adult day care, or health care facility.
Retail tobacco store means a retail store used primarily for the sale of tobacco products and accessories, including retail establishments primarily engaged in the sale of e-cigarettes and e-cigarette supplies, and in which the sale of other non-tobacco and non-e-cigarette products is incidental.
Smoking/smokes means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible plant or plant derived substance. For the purpose of this ordinance, the term smoking/smokes shall include vaping.
Vaping mean the act of inhaling water vapor through an e-cigarette.
(Ord. No. 2014-23, § 3, 1-15-15)
Editor's note— Ord. No. 2014-23, § 2, adopted January 15, 2015, repealed § 70-64 in its entirety; and § 3 enacted a new § 70-64 to read as set out herein. Former § 70-64 pertained to penalties and was derived from Ord. No. 96-12, § 4, September 24, 1996.
Sec. 70-65. - Smoking prohibited.#
(a)
A person commits an offense if the person smokes:
(1)
In a public place.
(2)
Within 15 feet from an entrance or operable window of an enclosed area in which smoking is prohibited.
(b)
The owner, or operator, of a public place commits an offense if the person fails to take necessary steps to prevent or stop another person from smoking in an enclosed area in a public place.
(Ord. No. 2014-23, § 4, 1-15-15)
Sec. 70-66. - Exemptions.#
Public places and enclosed areas listed below are exempt from the provisions of this chapter. (1)
A dwelling unit used exclusively for residential use;
(2)
A facility operated by a fraternal organization for a charitable, benevolent, or educational function if the premises is controlled by the organization; and if:
a.
Areas in which smoking is permitted are clearly signed as smoking areas;
b.
An enclosed non-smoking area is provided and identified by no smoking signage complying with the terms of this chapter;
c.
The smoking area is mechanically ventilated to prevent smoke and vapors from entering a non-smoking area; and
d.
No one under the age of 18 is admitted to the smoking area.
(3)
A hotel or motel room designated and signed as a smoking room by the operator.
(4)
An office or other enclosed workspace that is not readily accessible by the general public provided the operator has designated and signed said office or workspace as an area in which smoking is permitted, and smoking is not otherwise prohibited by the adopted fire code of the city.
(5)
A private or semi-private room in a nursing home or long-term care facility that the operator has designated and signed as a smoking room and is occupied by individuals who smoke and have requested in writing to be placed in a room where smoking is permitted.
(6)
A retail tobacco store as defined herein.
(7)
A fenced, or otherwise contained patio or outdoor area that is adjunct to and restricted to use by patrons of a restaurant, café, or bar if said patio or outdoor area satisfies the requirements of this chapter, or if:
a.
The operator has designated and signed said patio or outdoor area as an area in which smoking is permitted; and
b.
Said patio or outdoor area is not located on a public sidewalk, alley, or right-of-way; and
c.
Said patio or outdoor area is located at least 15 feet from any operable window and any doorway used as a building entrance by the general public.
(Ord. No. 2014-23, § 5, 1-15-15)
Sec. 70-67. - No smoking signage.#
(a)
The operator of a public place shall conspicuously post a "no smoking" sign displaying the international "no smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it). No smoking signs shall also contain words prohibiting the use of e-cigarettes.
(1)
In each public place where smoking is prohibited by this chapter; and
(2)
At each entrance to a public place.
(b)
The operator of a public place shall conspicuously post signs in areas where smoking is permitted.
(c)
The operator of a public place shall remove any ashtray or other smoking accessory from a place where smoking is prohibited.
(d)
It is not a defense to prosecution under this chapter that an operator failed to post a sign required under this section.
(Ord. No. 2014-23, § 6, 1-15-15)
Sec. 70-68. - E-cigarettes, possession by and sale to minors.#
(a)
Possession of an e-cigarette by a minor shall be a violation of this ordinance.
(b)
Sale of an e-cigarette to a minor shall be a violation of this ordinance.
(Ord. No. 2014-23, § 7, 1-15-15)
Sec. 70-69. - Penalties.#
Any person convicted of violating any provision of this article shall be guilty of a Class "C" misdemeanor and shall be subject to a fine in an amount not to exceed $100.00 for a first offense, $250.00 for a second offense, and $500.00 for any subsequent offense. Each day of such violation shall be a separate violation.
(Ord. No. 2014-23, § 8, 1-15-15)