§ 15-79. Smoking in public places.

(a)

Smoking prohibited. Except as otherwise provided in subsection (b) and section 15-80, regarding areas specifically designated for smoking, there shall be no smoking in public places, including but not limited to the following:

(1)

All city facilities, enclosed or unenclosed including, but not limited to, buildings, parks and sports facilities, airport, bridges, police stations and substations, fire stations, civic center facilities, libraries, clinics, and municipal court; (As stated in Ord. 2004-O-332, 2004)

(2)

Public forms of transportation, including, but not limited to, buses, vans and taxicabs;

(3)

Retail stores or service establishments;

(4)

Public restrooms;

(5)

Service lines;

(6)

Public areas of malls, galleries, libraries and museums when open to the public;

(7)

Theaters;

(8)

Sports arenas and convention halls;

(9)

Polling places;

(10)

Child care facilities;

(11)

Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee including joint committees, 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;

(12)

Waiting rooms, hallways, wards and rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy, mental health, and drug and alcohol treatment facilities, and doctors' and dentists' offices;

(13)

Lobbies, hallways, and other common areas in apartment buildings, condominiums, senior citizen residences, nursing homes, and other multiple-unit residential facilities;

(14)

Lobbies, hallways, and other common areas in multiple-unit commercial buildings or facilities;

(15)

Any school or educational institution operated by a business or nonprofit entity for the purpose of providing academic classroom instruction, trade, craft, computer or other technical training, or instruction in dancing, artistic, musical or other cultural activities;

(16)

Elevators;

(17)

Restaurants;

(18)

Places of employment;

(19)

Bars.

(b)

Smoking allowed. Notwithstanding any other provisions of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:

(1)

Private residences, except when used as child care or health care facilities;

(2)

Outdoor places of employment except for an area that is no less than ten (10) feet from the entry to the enclosed establishment of employment and no less than five (5) feet from the door of the establishment to a patio;

(3)

Tobacco specialty retail stores that are freestanding, or are equipped with a heat-ventilation-air conditioning system or contrivance for introducing fresh air or expelling foul air sufficient to keep adjoining businesses from being affected by smoke or its related odors.

(4)

Public streets, sidewalks, and parking lots, whether public or private;

(5)

Private places, as the term is defined herein, which includes private clubs and private recreational facilities;

(6)

Hotels, motels and all other public and private conference and meeting rooms while these places are being used exclusively for private functions; and

(7)

A maximum of twenty-five (25) percent of hotel and motel rooms. Provided, however, that each hotel and motel shall designate not less than seventy-five (75) percent of their hotel or motel rooms as nonsmoking rooms. The hotel or motel rooms designated as nonsmoking rooms must have signs posted indicating that smoking is prohibited in such rooms and ashtrays removed.

(Ord. No. 2006-O-073, § 1, 4-3-06; Ord. No. 2011-O-057, § 3, 5-16-11)