[Ord. No. 2295 § 1, 12-8-2016]
The following words, when used in the Chapter, will have the meanings as ascribed herein, except where the context clearly indicates a different meaning:
- All space between a floor and a ceiling that is enclosed by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or physical barrier, whether temporary or permanent.
- PLACE OF PUBLIC ACCOMMODATION
- All places or businesses where the general public is invited or permitted to be present. Places of public accommodation, include, but are not limited to, banks, educational facilities, health facilities, laundry facilities, public transportation facilities, reception areas, waiting rooms, restaurants, retail establishments, stores, theaters, bars, bowling alleys, gymnasiums, spas, and salons. A building may contain areas that are places of public accommodation, and areas that are not.
- PRIVATE CLUB
- Any place or business permitting the presence of only members and their bona fide guests, and where the general public is not welcome. A private club is not a place of public accommodation, except for such occasions as a private club permits the presence of members of the general public.
- SMOKING or "TO SMOKE"
- Inhaling, exhaling, burning, carrying or possessing any lighted cigar, cigarette, pipe, other tobacco product, electronic cigarette, e-cigarette, vapor pen, personal vaporizer, or electronic nicotine delivery system.
Smoking is prohibited in all enclosed places of public accommodation.
No one may smoke within ten (10) feet of the entrance to an enclosed place of public accommodation.
A hotel, motel, bed and breakfast, or provider of lodging for daily rental may designate up to twenty-five percent (25%) of its available room space as "smoking" rooms. Smoking is allowed in rooms so designated, but not in other enclosed places of public accommodation in such places, or in the rooms not designated as smoking rooms.
A person having ownership, management, or control of an enclosed place of public accommodation shall not knowingly permit or allow any person to smoke in such place. It shall be an affirmative defense to such alleged violation hereunder if a person having ownership, management, or control of an enclosed place of public accommodation has asked the person smoking to discontinue smoking and to leave the enclosed place of public accommodation.
A person having ownership, management, or control of an enclosed place of public accommodation shall clearly and conspicuously post "No Smoking" signs or symbols at all entrances where smoking is prohibited by this Section.
A person who smokes in an area where smoking is prohibited by the provisions of this Section shall be guilty of an ordinance violation, punishable by a fine not to exceed fifty dollars ($50.00).
A person having ownership, management, or control of an enclosed place of public accommodation and who fails to comply with the provisions of this Section shall be guilty of an ordinance violation, punishable as follows:
For a first violation, a fine and court costs not to exceed two hundred dollars ($200.00).
For a second violation within a 12-month period, a fine and court costs not to exceed two hundred seventy-five dollars ($275.00).
For a third or subsequent violations within a 12-month period, a fine and court costs not to exceed three hundred fifty dollars ($350.00).