CHAPTER 11. PUBLIC OFFENSESCHAPTER 11. PUBLIC OFFENSES\Article 2. Local Regulations

(a)   Definitions.

(1)   Public Place -Means enclosed indoor areas open to the public or used by the general public including but not limited to: restaurants, retail stores, educational facilities, libraries, courtrooms, state, court or municipal buildings, restrooms, grocery stores, school buses, auditoriums, arenas and recreational facilities.

(2)   Public Meeting - Includes all meetings open to the public.

(3)   Smoking - Means possession of a lighted cigarette, cigar, pipe or any other lighted smoking equipment.

(b)   Smoking in public place prohibited; exceptions; designated smoking areas.

(a)    No person shall smoke in a public place or at a public meeting except in designated smoking areas.

(b)   Smoking areas may be designated by proprietors or other persons in charge of public places, except in school buses, public means of mass transportation and any other place in which smoking is prohibited by the fire marshal or by other law, ordinance or regulation.

(c)    Where smoking areas are designated, existing physical barriers and ventilation shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

(c)   Posting smoking prohibited signs and designated smoking area signs; authorizing proprietor or person in charge of public place to establish designated smoking areas. The proprietor or other person in charge of the premises of a public place shall post or cause to be posted in a conspicuous place signs clearly stating that smoking is prohibited by state law and by ordinances of the city. The person in charge of the premises shall also post or cause to be posted in any designated smoking area, signs stating that smoking is permitted in such room or area. The proprietor or person in charge of the public place shall have the authority to establish the percentage of the area in the public place which shall be posted and designated as a smoking area.

(Ord. 242, Sec. 3)