§ 102.05. Restrictions on smoking in public places.

A.

Smoking Prohibited. Except as provided in subsection D of this section, the possession and use of lighted smoking materials in any form is prohibited in any of the following public places including but not limited to:

1.

Vehicles of public transportation including, but not limited to, trains, buses, limousines for hire, taxicabs and courtesy vehicles; exemptions are limousines for hire or taxicabs where the driver and all passengers affirmatively consent to smoking in such vehicles;

2.

Enclosed theaters, auditoriums, concert halls, arenas and meeting rooms, except the lobbies associated with such establishments;

3.

Health care facilities' patients' wards and rooms, except any private room in a health care facility, or any semi-private room in a health care facility if both occupants have requested in writing to be placed in a room where smoking is permitted;

4.

Elevators, stairwells, escalators, and hallways;

5.

Public restrooms;

6.

Courtrooms, jury waiting rooms;

7.

Gymnasiums, exercise rooms and health spas;

8.

Libraries and education facilities except in specific designated smoking permitted areas;

9.

Places of exhibition including, but not limited to, museums, aquariums, and galleries, except in lobbies; and

B.

Smoking Prohibited Except in Designated Sections. Except as provided in § 102.04 and subsection D of this section, the possession and use of lighted smoking materials in any form is prohibited in any public place not identified in subsection A of this section including, but not limited to, waiting areas and lobbies;

C.

Responsibilities of Proprietors. The proprietors in charge of a place within subsections A and B of this section shall ensure that the provisions of this subsection are met with regard to such places.

1.

Signs. Signs indicating whether or not smoking is permitted shall be clearly, sufficiently and conspicuously posted where smoking is regulated by this chapter in such a manner as to give adequate notice to employees and members of the public. Each section where smoking is prohibited as well as permitted shall be clearly designated.

2.

Enforcement. Smokers shall be affirmatively directed to designated smoking areas and persons smoking in violation of this chapter shall be requested to stop.

D.

Exemptions.

1.

An entire room or hall which is being used for a private social function, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor;

2.

Retail tobacco stores;

3.

Bars;

4.

Private residences, except those portions of a private residence used as a child care or health care facility or serving as a place of employment;

5.

Bowling alleys and bingo halls;

6.

Hotel and motel sleeping rooms; and

7.

An eating establishment that seats fewer than fifty people. (Provided that a sign is posted at the entrance clearly stating that a "No Smoking" section is not available.)

(Ord. 992-1991; Ord. 454-1990)