As used in this Article, the following words shall have the
meanings indicated:
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered; and private
clubs.
Any person who performs services for an employer, with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City or other
governmental body or any agency thereof, which utilizes the services
of at least one (1) employee.
Any indoor space and any space bound by walls (with or without
windows or doors) or similar partitions on at least three (3) sides
that effectively divide space from the floor to ceiling, including,
but not limited to, offices, rooms, all space therein screened by
partitions which do not extend to the ceiling or are not solid, "office
landscaping" or similar structures and hallways, designed for human
occupancy in which people congregate including for amusement, entertainment,
eating, drinking, education, labor, or similar purposes, including,
but not limited to, bars and restaurants.
A hotel or motel room that may be designated as a smoking
room, with such designation being changeable only one (1) time per
calendar year.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care or health care facility.
A not-for-profit organization incorporated or chartered by
law for fraternal or social purposes, which has a defined membership
and restricts admission to members of the club and their guests. Private
club shall not include an establishment that is generally open to
members of the general public upon payment of a fee or that has employees
and meets the definition of place of employment. A private club shall
not be considered a "public place" except when it is the site of a
meeting, event or activity that is open to the public. A private club
shall not be considered a "place of employment" by reason of the occasional
use of independent contractors, such as caterers that have their own
employees, in the club's enclosed areas.
A gathering in person of members of a governmental body,
whether in open or closed session, as defined in Chapter 610, RSMo.
Any enclosed area or service line to which the public is
invited or in which the public is permitted. A private residence is
not a "public place" unless it is used as a child care, adult day
care, or health care facility. Outdoor areas are not "public places"
as defined herein, other than service lines.
Any indoor or outdoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such
service involves the exchange of money. A service line is a public
place. People waiting inside their cars, such as in a drive-thru line,
shall not be considered to be in a "service line" as defined herein.
Possession of burning tobacco in the form of a cigarette,
cigar, pipe or other smoking equipment.
An accessory structure that meets all applicable provisions
of the zoning and building codes, with a maximum size of two hundred
(200) square feet, that is detached from principal buildings, that
is located more than twenty-five (25) feet from entrances, exits,
operable windows and ventilation intakes of public places and places
of employment, in which there is no service, possession or consumption
of food or alcoholic beverages, and that is no more than seventy-five
percent (75%) enclosed at any time. The percentage of enclosure shall
be calculated based on the elevation area below the roof of all elevations.
For calculation purposes, screens are not considered to be enclosures
but louvers, windows and other solid materials qualify as enclosures.
No other wall, fence, roof overhang or other obstruction of any kind
may be located within five (5) feet of the openings if they have the
effect of blocking the free flow of air through the required opening.
A.
No
person shall engage in smoking in any place of employment or any vehicle
owned by the City of Valley Park.
B.
No
person shall engage in smoking in a public place or in a public meeting.
C.
No
person shall engage in smoking on any sidewalk, driveway or other
open area within fifteen (15) feet of the entry to any place of employment,
public place, or public meeting, provided that this prohibition shall
not apply within any outside dining area where smoking is permitted
by the proprietor.
D.
No
person shall dispose of smoking waste or place or maintain a receptacle
for smoking waste in any area in which smoking is prohibited under
this Article.
E.
Exceptions. Notwithstanding any other provision of this
Article to the contrary, the following shall not be subject to the
smoking restrictions of this Article:
1.
Private residences, not serving as places of employment or public
places, and private vehicles;
2.
Private clubs except for any such club which was not already open
to its members within the City prior to January 1, 2011 which is also
a place of employment and except for any such club regardless of when
first open to members within the City when it is the site of a meeting,
event or activity that is open to the public;
3.
Permanently designated smoking rooms, not to exceed twenty percent
(20%) of the guest rooms of the hotel or motel.
4.
Smoking shelters.
A.
It
shall be unlawful for any person, proprietor, owner, manager or person
having control of a place knowingly to permit, cause, suffer or allow
any other person to violate the provisions of this Article. It shall
be an affirmative defense to an alleged violation of this Section
that the person having control of a place has asked the other person
to comply with this Article and caused the person to leave the establishment
if that person has failed or refused to comply (including by enlisting
the assistance of law enforcement personnel if required).
B.
A
proprietor, owner, manager or person having control of a place shall
clearly and conspicuously post "No Smoking" signs or the international
"No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it)
near all entrances to a place where smoking is prohibited pursuant
to this Article. Such signage shall consist of letters not less than
one (1) inch in height.
C.
It
shall be the responsibility of employers to provide smoke-free places
of employment for all employees.
A.
Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a non-smoking place. No person shall smoke in places so declared and posted with signs pursuant to Section 210.2580.
B.
Nothing
in this Article shall be construed or applied in such a manner as
to interfere with or prohibit a property owner, business operator
or public entity from more broadly prohibiting smoking on or about
their property or from prohibiting smoking in areas, at times, or
under conditions which do not fall within the prohibitions established
by this Article.
The authority to administer and enforce the provisions of this
Article is vested with the Chief of Police and his/her duly authorized
representative(s) except in the case of City-owned facilities wherein
the City Administrator shall have the authority to administer and
enforce the provisions of this Article.
