Title 11 - Peace, Morals and Safety

11.52.160 Prohibition of Smoking in Enclosed Places of Employment and all Enclosed Public Places.

1. A.
   Smoking shall be prohibited in all enclosed places of employment within the City.
2. B.
   It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

Each employer having any enclosed place of employment located within the City shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms and all other enclosed facilities.

3. C.
   The smoking policy shall be communicated to all employees within four (4) weeks of the adoption of this Ordinance.
4. D.
   All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.
5. E.
   Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to, the following places:

   1. 1.
      Any vehicle of public transportation, including but not limited to buses, limousines for hire and taxicabs.
   2. 2.
      Elevators.
   3. 3.
      Restrooms.
   4. 4.
      Libraries, educational facilities, childcare and adult day care facilities, museums, auditoriums, aquariums and art galleries.
   5. 5.
      Any health care facility, health clinics or ambulatory care facilities, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices.
   6. 6.
      Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, bowling alleys, arenas and swimming pools.
   7. 7.
      Service lines.
   8. 8.
      Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance; provided, however, that smoking may take place on stage during live theatrical performances, where smoking is integral to the plot or storyline and prior notice is given to the audience.
   9. 9.
      Shopping malls.
   10. 10.
       Sports arenas, including enclosed places in outdoor arenas.
   11. 11.
       Bars.
   12. 12.
       Restaurants.
   13. 13.
       Convention facilities.
   14. 14.
       All public areas and waiting rooms of public transportation facilities, including but not limited to bus and airport facilities.
   15. 15.
       Any other area used by the public or serving as a place of work, including open office landscaping.
   16. 16.
       Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including, but not limited to joint committees, or agencies of the City or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.
   17. 17.
       All enclosed facilities owned by the City.
   18. 18.
       Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence.
   19. 19.
       Within 10 feet of any public entrance to a public place; provided, however, that this prohibition shall not apply to the following: any portion of the public right of way that may be within 10 feet of said entrance, and the outdoor seating area of a restaurant or drinking establishment where smoking is allowed. With respect to said outdoor seating area, smoking may be allowed only if reasonable efforts are made to minimize the chance of smoke affecting the inside occupants of the establishment.

(History: Ord. POC-2632 §3, 2008)

Effective on: 1/1/1901