Item A: Outdoor Smoking Ordinance

Home Browse Search

6.235 Smoking Prohibited - Enforcement . (1) In every building or enclosed area in which smoking is prohibited by section 6.230 of this code, a “No Smoking” sign shall be conspicuously posted by the owner, manager, or other person having control of the building or area. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code. (2) At primary entrances to public places or publicly owned buildings in which smoking is prohibited by section 6.230 of this code, the owner or manager of such place or building shall post a “No Smoking” sign so that the sign is plainly visible from the outside of the entrance. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code. (3) It shall be unlawful for any person to remove, deface, or destroy any sign required by this section. (4) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because the employee, applicant, or customer reports or attempts to prosecute a violation of section 6.230 of this code. (5) Any person who violates a provision of section 6.230 or 6.235, or any business, owner, or employer who permits a violation to occur, shall be subject to the penalties provided in section 6.990(13 ), an administrative civil penalty pursuant to section 6.995 of this code, or both such fine and penalty. (Section 6.235 added by Ordinance No. 18721, enacted November 12, 1980; amended by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000; and Ordinance No. 20338, enacted March 4, 2005, effective April 3, 2005.) 6.240 Smoking Prohibited - Exceptions . The restrictions set forth in sections 6.230 and 6.235 of this code do not apply to: (a) Private residences, unless the private residence is used as a child care, adult day care, or health care facility; (b) Rented motel/hotel rooms that are designated in some manner as smoking rooms by the owner of the establishment renting the room; (c) Private rooms rented for an occupancy that exceeds one month and not located in a private residence used as a child care, adult day care, or health care facility; (d) Retail tobacco stores; or (e) Designated smoking entrances. (Section 6.240 added by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000; and amended by Ordinance No. 20215, enacted November 13, 2000, effective December 13, 2000.)