Chapter XI · Public Offenses

ARTICLE 9. TOBACCO

Sections 11-901 to 11-904 · 4 sections

11-901 Regulation of tobacco; definitions.

As used in this act:

(a)“Public Place” means enclosed indoor areas open to the public or used by the general public including but not limited to: restaurants, retail stores, public means of mass transportation, passenger elevators, heath care institutions, educational facilities, libraries, court rooms, state, county or municipal buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, areas, and recreational facilities.

(b)“Public Meeting” includes all meetings open to the public.

(c)“Smoking” means possession of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment.

(Ord. 380, Sec. 1)

11-902 Same; smoking in public places prohibited.

(a)No person shall smoke in a public place or at a public meeting except in designated smoking areas.

(b)Smoking areas may be designated by proprietors or other persons in charge of public places, except in passenger elevators, school buses, public means of mass transportation, and any other place in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation.

(c)Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent non-smoking areas.

(Ord. 380, Sec. 2)

11-903 Same; designated area.

In each room or area in which smoking is prohibited by this article, the proprietor or other person in charge of the premises shall post or cause to be posted in a conspicuous place signs clearly stating smoking is prohibited by law. The person in charge of the premises shall also post or cause to be posted in any room or area designated as a smoking area, signs stating that smoking is permitted in such room or area. The proprietor or person in charge of the public place shall have the authority to establish the percentage of area in the public place which shall be posted and designated as a smoking area.

(Ord. 380, Sec. 3)

11-904 Same; penalty.

Any person found guilty of smoking in violation of Section 902 of this article is guilty of a misdemeanor punishable by a fine of not more than $20.00 for each violation. Any person found guilty of failing to post signs as required by Section 903 of this article, is guilty of a misdemeanor punishable by fine of not more than $50.00 for each violation. In addition to the above stated penalties, the local health officer may institute an action in any court of competent jurisdiction to enjoin repeated violations of this ordinance.

(Ord. 380, Sec. 4)