[Ord. No. 5509, 3-6-2023]
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.
Cannabis indica, Cannabis saliva, Cannabis ruderalis, hybrids
of such species, and any other strains commonly understood within
the scientific community to constitute marijuana, as well as resin
extracted from the marijuana plant and marijuana-infused products,
but not industrial hemp as defined by Missouri Statute, or commodities
or products manufactured from industrial hemp.
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including but not limited to
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and infused
prerolls.
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-through
line, shall not be considered to be in a "service line" as defined
herein.
Inhaling, exhaling, burning or carrying any ignited, lighted
or heated cigarette, cigar, pipe or other smoking product, equipment
or apparatus involving tobacco, marijuana or other plant material
or nicotine in any form.
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.
[Ord. No. 5509, 3-6-2023]
A.
No
person shall engage in smoking in any place of employment or any vehicle
owned by the City of Richmond Heights.
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, or within fifteen (15) feet of any
public place that is an service line, provided that no person who
simply walks past such an area along a route open to the public shall
be charged with a violation of this Section.
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 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.
[Ord. No. 5509, 3-6-2023]
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.
[Ord. No. 5509, 3-6-2023]
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 220.420.
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.
[Ord. No. 5509, 3-6-2023]
A.
Marijuana
shall not be smoked in any public area in the City, including but
not limited to outdoor areas, places of employment, public meeting,
and public places. A person who violates this prohibition shall be
subject to a civil penalty not exceeding one hundred dollars ($100.00).
B.
Marijuana-infused
products shall not be consumed in any public area in the City.
C.
Marijuana
shall not be consumed by any person operating or in physical control
of any motor vehicle or other motorized form of transportation in
the City. No person shall smoke marijuana within a motor vehicle or
other motorized form of transportation while it is being operated
within the City.
D.
Marijuana-infused
products shall not be consumed by any person operating or in physical
control of any motor vehicle or other motorized form of transportation
in the City.
[Ord. No. 5509, 3-6-2023]
The authority to administer and enforce the provisions of this
Article is vested with the City Manager or his/her designee.
