[HISTORY: Adopted by the City Council of
the City of El Reno as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Tobacco products — See Ch. 275.
[Adopted 2-3-2004 by Ord. No. 2981]
[Amended 2-11-2014 by Ord. No. 9043]
The possession of lighted tobacco in any form is a public nuisance
and dangerous to public health and is hereby prohibited when such
possession is in any indoor place used by or open to the public, public
transportation or any indoor workplace, except where specifically
allowed by law.
A.
As used in this section, "indoor workplace" means any indoor place
of employment or employment-type service for or at the request of
another individual or individuals, or any public or private entity,
whether part-time or full-time, and whether for compensation or not.
Such services shall include, without limitation, any service performed
by an owner, employee, independent contractor, agent, partner, proprietor,
manager, officer, director, apprentice, trainee, associate, servant
or volunteer. An indoor workplace includes work areas, employee lounges,
rest rooms, conference rooms, classrooms, employee cafeterias, hallways,
any other spaces used or visited by employees and all space between
a floor and ceiling that is predominantly or totally enclosed by walls
or windows, regardless of doors, doorways, open or closed windows,
stairways or the like. The provisions of this section shall apply
to such indoor workplace at any given time, whether or not work is
being performed.
B.
All buildings and other indoor properties owned or operated by this
City shall be entirely nonsmoking.
C.
All buildings, or portions thereof, owned or operated by a county
or municipal government, at the discretion of the county or municipal
governing body, may be designated as entirely nonsmoking.
F.
The restrictions provided in this section shall not apply to standalone
bars, standalone taverns and cigar bars as defined in 63 O.S. § 1-1522.
A.
Smoking is permitted in the following space if the
smoking space occupies the entire building or, if the smoking space
shares space in the building with any indoor public places or indoor
workplaces in which smoking is prohibited, is fully enclosed, exhausted
directly to the outside with no air from the smoking space circulated
to any nonsmoking area within the building, and under negative air
pressure so that no smoke can drift or circulate into a nonsmoking
area within the building when a door to an adjacent nonsmoking area
is opened, and the air from the smoking space is not exhausted within
25 feet of any entrance, exit or air intake:
(1)
The room or rooms where licensed charitable bingo
games are being operated, but only during the hours of operation of
such games.
(2)
Up to 25% of the guest rooms at a hotel or other lodging
establishment.
(3)
Retail tobacco stores predominantly engaged in the
sale of tobacco products and accessories and in which the sale of
other products is merely incidental and in which no food or beverage
is sold or served for consumption on the premises.
(4)
Workplaces where only the owner or operator of the
workplace, or the immediate family of the owner or operator, performs
any work in the workplace, and the workplace has only incidental public
access. "Incidental public access" means that a place of business
has only an occasional person, who is not an employee, present at
the business to transact business or make a delivery. It does not
include businesses that depend on walk-in customers for any part of
their business.
(5)
Workplaces occupied exclusively by one or more smokers,
if the workplace has only incidental public access.
(6)
Private offices occupied exclusively by one or more
smokers.
(7)
Workplaces within private residences, except that
smoking shall not be allowed inside any private residence that is
used as a licensed child-care facility during hours of operation.
(8)
Medical research or treatment centers, if smoking
is integral to the research or treatment.
(9)
A facility operated by a post or organization of past
or present members of the Armed Forces of the United States which
is exempt from taxation pursuant to Sections 501(c)(8), 501(c)(10)
or 501(c)(19) of the Internal Revenue Code, 26 U.S.C. §§ 501(c)(8),
501(c)(10) or 501(c)(19), when such facility is utilized exclusively
by its members and their families and for the conduct of post or organization
nonprofit operations, except during an event or activity which is
open to the public.
(10)
Any outdoor seating area of a restaurant; provided
smoking shall not be allowed within 25 feet of any exterior public
doorway or any air intake of a restaurant.
(11)
A standalone bar, standalone tavern and cigar bar that derives more than 60% of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in 37 O.S. § 537, Subsection B, Paragraph 2, and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
B.
Notwithstanding any other provision of this article,
until March 1, 2006, restaurants may have designated smoking and nonsmoking
areas or may be designated as being a totally nonsmoking area. Beginning
March 1, 2006, restaurants shall be totally nonsmoking or may provide
nonsmoking areas and designated smoking rooms. Food and beverage may
be served in such designated smoking rooms, which shall be in a location
which is fully enclosed, directly exhausted to the outside, under
negative air pressure so smoke cannot escape when a door is opened
and no air is recirculated to nonsmoking areas of the building. No
exhaust from such room shall be located within 25 feet of any entrance,
exit or air intake. Such room shall be subject to verification for
compliance with the provisions of this subsection by the State Department
of Health.
The person who owns or operates a place where
smoking or tobacco use is prohibited by law shall be responsible for
posting a sign or decal, at least four inches by two inches in size,
at each such entrance to the building indicating that the place is
smoke-free or tobacco-free.
Responsibility for posting signs or decals shall
be as follows:
A.
In privately owned facilities, the owner or lessee,
if a lessee is in possession of the facilities, shall be responsible;
B.
In corporately owned facilities, the manager and/or
supervisor of the facility involved shall be responsible; and
C.
In publicly owned facilities, the manager and/or supervisor
of the facility shall be responsible.
A.
An educational facility which offers an early childhood
education program or in which children in grades kindergarten through
12 are educated shall prohibit smoking, the use of snuff, chewing
tobacco or any other form of tobacco product in the buildings and
on the grounds of the facility by all persons, including, but not
limited to, full-time, part-time and contract employees, during the
hours of 7:00 a.m. to 4:00 p.m., during the school season, or when
class or any program established for students is in session.
B.
An educational facility may designate smoking areas
outside the buildings for the use of adults during certain activities
or functions, including, but not limited to, athletic contests; provided,
however, that nothing in this section shall be construed to prohibit
educational facilities from having more restrictive policies regarding
smoking and the use of other tobacco products in the buildings or
on the grounds of the facility.
Any violation of this article is punishable as provided in § 1-10 of this Code.
[Adopted 3-2-2004 by Ord. No. 2983]
The possession of lighted tobacco in any form
is a public nuisance and dangerous to public health and is hereby
prohibited when such possession is at a sporting venue or athletic
event used by or open to the public and conducted in a public facility
of a public park specifically set forth in Subsection A herein, except
where specifically allowed by law.
A.
Smoking and the use of lighted tobacco in any form
shall not be allowed at the following public sporting facilities:
(1)
Ashbrook Baseball and Football Complex at Adams Park.
(2)
Memorial Football Stadium at Adams Park.
(3)
Joe Riley Baseball and Softball Complex at Legion.
(4)
El Reno Municipal Swimming Pool Complex at Legion.
(5)
Rodeo Arena and Complex at Adams Park.
(6)
Hub Reed Baseball Field and Complex at Adams Park.
The manager and/or supervisor of the facility
where smoking or tobacco use is prohibited by law shall be responsible
for posting a sign or decal, at least four inches by two inches in
size, at each such entrance to the facility indicating that the place
is smoke-free or tobacco-free.
Any violation of this article is punishable as provided in § 1-10 of this Code.
