04-10-10 Special Called City Council Retreat Meeting

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Smoking Regulations Page 5 Smoke, smokes, or smoking means: (1) Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other lighted smoking equipment or device; (2) Lighting a pipe, cigar or cigarette of any kind or any other smoking equipment or device; or (3) Emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind or any other smoking equipment or device. (Ord. No. 1695, ~ l(a), 3-26-90) Cross references: Definitions generally, ~ 1-2. Sec. 34-52. Administration of division. (a) The city manager shall adopt rules necessary under this division and shall implement and determine compliance with this division. (b) The city manager may, on request of a proprietor or person in charge of a public place, waive the requirements of this division if the city manager determines that there are compelling reasons to do so and the waiver will not significantly affect the health and comfort of nonsmokers. (Ord. No. 1695, ~ l(h), 3-26-90) Sec. 34-53. Penalty for violation of division. An offense under this division is a misdemeanor, and any person who shall violate any provision of this division shall, upon conviction, be punished by a fine in an amount established by the city and listed in appendix B of this Code. (Ord. No. 1695, ~ l(c), 3-26-90) Sec. 34-54. Prohibited acts; offenses. (a) A person commits an offense if the person smokes at a public meeting or in a public place and the person is not in an area designated as a smoking area under section 34-55. (b) It is an exception to the application of subsection (a) of this section that the person is smoking: (1 ) In a situation in which the person is present at an event in which an entire room or hall is used for a private social function; (2) In a public place for which a waiver has been granted under section 34-52(b); or (3) As a participant in an authorized theatrical performance. (Ord. No. 1695, ~ 1(b), 3-26-90) Sec. 34-55. Designation of smoking areas. (a) Public places. Except as provided by subsection (e) of this section, a proprietor or person in charge of a public place who desires to permit persons in the public place to smoke shall designate areas as smoking areas. If the public place is a government building, the governmental entity responsible for managing and maintaining the building may designate areas as smoking areas.