§ 42-31. Smoking in public place.

(a)

The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Public place means any enclosed indoor area used by the public or serving as a place of work including, but not limited to, hospitals, restaurants, retail stores, offices, commercial establishments, elevators, indoor theaters, libraries, art museums, concert halls, public conveyances, educational facilities, nursing homes, auditoriums, arenas and meeting rooms, but excluding bowling establishments and places whose primary business is the sale of alcoholic beverages for consumption on the premises and excluding rooms rented for the purpose of living quarters, sleeping or housekeeping accommodations from a hotel or inn and private enclosed offices occupied exclusively by smokers even though such offices may be visited by nonsmokers.

Smoking means the act of inhaling the smoke from or possessing a lighted cigarette, cigar, pipe or any other form of tobacco or similar substance used for smoking.

(b)

No person shall smoke in a public place except in that portion which may be established and posted as a smoking area. This does not apply if the entire room or hall is being used for a private social function, nor to factories, warehouses, and similar places of work not usually frequented by the general public. A designated smoking area may be established; however, physical barriers must be established and the area should be well ventilated in order to minimize the intrusion of smoke into areas where smoking is not permitted. When a public place is a single room or enclosure, a person establishing such an area may satisfy the purpose or provisions of this section by establishing a reasonable portion of the room or enclosure as a smoking area.

(c)

The violation of any provision of this article shall, upon conviction, be punished as provided in section 1-8.

(Code 1996, § 42-31; Ord. No. F-0026, § 1, 5-6-1996)