[Ord. No. 2295 § 1, 12-8-2016]
A.
ENCLOSED
PLACE OF PUBLIC ACCOMMODATION
PRIVATE CLUB
SMOKING or "TO SMOKE"
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.
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.
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.
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.
B.
Smoking
is prohibited in all enclosed places of public accommodation.
C.
No
one may smoke within ten (10) feet of the entrance to an enclosed
place of public accommodation.
D.
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.
E.
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.
F.
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.
G.
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).
H.
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:
1.
For a first violation, a fine and court costs not to exceed two hundred
dollars ($200.00).
2.
For a second violation within a 12-month period, a fine and court
costs not to exceed two hundred seventy-five dollars ($275.00).
3.
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).
