1990-03-26 Regular Meeting - Laserfiche WebLink

Browse Search

ORDINANCE N0. 1695 (B) in a public place for under section (h)2 of (C) as a participant in a performance. Page 3 which a waiver has been granted this ordinance; or n authorized theatrical (c) Penalty. An offense under this section is a misdemeanor, and any person who shall violate any provision of this section shall, upon conviction, be punished by a fine not to exceed Two Hundred Dollars ($200.00). (d) Designation of smoking areas. 1. Except as provided by subsection 5 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. _?~~ 2. The proprietor or person in charge is not required to make ;. ;, ;; structural or physical modifications to accommodate the _``~~~ smoking area, but existing physical barriers and `~" ventilation systems shall be used to minimize the effect ~~! of smoke in adjacent nonsmoking areas. 3. Each employer who operates a place of_ employment shall develop, implement, and maintain a written smoking policy that accommodates the wishes of smoking and nonsmoking employees by designating smoking and nonsmoking areas. If a dispute arises, the preferences of nonsmokers shall be accomodated. Upon request, the City shall assist employers in developing and implementing such written smoking policy. The City shall develop a model or suggested written smoking policy, and distribute the same upon request to all employers in the City, for their use and guidance in developing and implementing their own written smoking policy. This ordinance does not prohibit an employer from designating a place of employment in its entirety as a nonsmoking area. Each employer in the City shall develop and implement a written smoking policy no later than December 31, 1990. 4. It shall be the responsibility of an owner of non- residential buildings constructed after passage of this ordinance to establish proper and adequate ventilation and seating arrangements to accommodate smokers and nonsmokers. 5. The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and nonsmoking areas shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This ordinance does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as a nonsmoking area. 6. A smoking area may not be designated in: (A) (B) (C) (D) (E) (F) an elevator; a bus; a public means of mass transportation; a rest room; a service line, cashier area, or common traffic a place in which smokin marshal of the state or other law, ordinance or area, over-the-counter sales area; g is prohibited by the fire a political subdivision or by rule;