O-2013-3475 amending City smoking regulations

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Ordinance No. 2013- 1 ! J� Page 7 Sec. 34-58. Declaration of establishment as nonsmoking. Notwithstanding any other provision of this article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of Section 34-59 of this Code is posted. Sec. 34-59. Posting of signs. (a) The owner, operator, manager, or other person in control of a public place or place of employment shall clearly and conspicuously post "No Smoking" signs in English (and, if desired, any other language such person may choose) or the international 'No Smoking' symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in every public place and place of employment where smoking is prohibited by this division. (b) The owner, operator, manager, or other person in control of a public place or place of employment shall conspicuously post at every public entrance thereto a sign clearly stating that smoking is prohibited therein. Such signs shall conform to the requirements set out in paragraph (a) of this section. Distance requirement language for smoking near entrances shall be included on the signage and in accordance with Sec. 34-56, Reasonable Distance. (c) The owner, operator, manager, or other person in control shall remove all ashtrays from any area where smoking is prohibited by this division. Sec. 34-60. Enforcement. (a) Any authority having jurisdiction to enforce the provisions of this division. (b) Any citizen who desires to register enforcement by contacting the Fire enforce city ordinances shall have authority to a complaint under this article may initiate Marshal's Office or by contacting the Police Department. (c) The fire marshal or their designee shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this division.