Chapter 8.16
SMOKING IN PUBLIC PLACES

Sections:

8.16.010    Legislative intent.

8.16.020    Definitions.

8.16.030    Smoking in public places except designated smoking areas prohibited.

8.16.040    Designation of smoking areas in public places – Entire facility or area may be designated as nonsmoking.

8.16.050    Signs prohibiting or permitting smoking.

8.16.060    Intentional violation of chapter – Removing, defacing, or destroying required sign – Fine – Notice of infraction.

8.16.070    Severability.

8.16.010 Legislative intent.

The city council recognizes the increasing evidence that tobacco smoke may create a danger to the health of the citizens of this city. In order to protect the health and welfare of those citizens, it is necessary to prohibit smoking in public places except in areas designated as smoking areas. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].

8.16.020 Definitions.

As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise.

“Electronic smoking device” shall mean an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor.

“Public place” means that portion of any land, building, facility or vehicle owned or operated by the city and open to the public, and regardless of whether a fee is charged for admission.

“Public places” include, but are not limited to: parks, trails, open space, elevators, conveyances or transportation facilities, vehicles, museums, concert halls, theaters, auditoriums, exhibition halls, seating areas of indoor and outdoor sports and recreation facilities, ticket areas, hearing facilities, meeting facilities, legislative chambers and immediately adjacent hallways, restrooms, libraries, waiting areas, lobbies, and reception areas. For purposes of this chapter, the term “public places” does not include streets, alleys, or sidewalks.

“Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, any other lighted smoking equipment or an operating electronic smoking device. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].

8.16.030 Smoking in public places except designated smoking areas prohibited.

No person may smoke in a public place except in designated smoking areas. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].

8.16.040 Designation of smoking areas in public places – Entire facility or area may be designated as nonsmoking.

A. A smoking area may be designated in a public place by the mayor.

B. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.

C. Except as otherwise provided in this chapter, a building, facility or other area may be designated in its entirety as a nonsmoking area by the mayor. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].

8.16.050 Signs prohibiting or permitting smoking.

Signs prohibiting or permitting smoking as appropriate under this chapter shall be posted conspicuously at each entrance to city buildings and facilities. For city parks, trails and open space, the director of the parks and recreation department shall post signs prohibiting smoking at locations reasonably determined by the director to provide notice of the prohibition. The boundary between a nonsmoking area and a smoking permitted area shall be clearly designated so that persons may differentiate between the two areas. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].

8.16.060 Intentional violation of chapter – Removing, defacing, or destroying required sign – Fine – Notice of infraction.

Any person intentionally violating this chapter by smoking in a public place not designated as a smoking area, or any person removing, defacing, or destroying a sign required by this chapter, is subject to a civil fine of up to $250.00. Law enforcement personnel shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].

8.16.070 Severability.

If any provision of this act or its application to any person or circumstances is held invalid, the remainder of the act or the application of the provision to other persons or circumstances shall not be affected. [Ord. 2015-11-045 § 1; Ord. 10027, 1990].