Chapter 5.05


5.05.010    Legislative intent.

5.05.020    Definitions.

5.05.030    Prohibition.

5.05.040    Penalties.

5.05.010 Legislative intent.

It is the intent of this provision to accommodate and protect the public health and welfare of those who do not desire to be exposed to secondhand smoke or vapor from e-cigarettes while completing City business or performing City employment responsibilities. [Ord. 14-35 § 1, 2014; Ord. 03-36(A), 2003].

5.05.020 Definitions.

In this chapter:

“E-cigarette” means an electronic device that uses a heating element, battery, or electronic circuit to issue a vapor for inhalation in a manner that simulates smoking a lighted or heated cigar, cigarette, or pipe, or other lighted or heated tobacco or plant product intended for inhalation.

“Public buildings and other areas owned or operated by the City” does not include public sidewalks and streets, unless located within 50 feet of a petroleum fuel dispensing facility.

“Smoking” means and includes using or operating an e-cigarette or the inhaling, exhaling, burning or carrying of any lighted smoking equipment or paraphernalia for tobacco or any other weed or plant. [Ord. 14-35 § 2, 2014; Ord. 03-36(A), 2003].

5.05.030 Prohibition.

Smoking is prohibited in all public buildings owned or operated by the City or any of its departments. This prohibition applies to City Hall, the Police Station, the Fire Hall, public works facilities, animal shelter, library, port and harbor buildings, airport terminal and any other buildings owned or occupied by the City. This prohibition also applies to all City-owned or leased vehicles or watercraft as follows:

a. Smoking in any form is objectionable to many and shall not be permitted in any public buildings owned by the City of Homer or leased by the City as lessee and in all motor vehicles or watercraft owned, rented, leased or used by the City of Homer, or by any departments, councils, commissions, or other agencies of the City. This would exclude public sidewalks, streets, public parks, other outdoor areas, and leased properties in which the City is the lessor.

b. The City shall designate a “smoking area” outside City-owned buildings and facilities, in which this section does not prohibit smoking. A smoking area shall be situated no closer than 15 feet from premise entrances, open doors or windows.

c. Smoking shall be prohibited on City-owned properties located within 50 feet of a petroleum fuel dispensing facility.

d. The person in charge of City areas listed above shall make reasonable efforts to prevent smoking in those areas in which smoking is not allowed and shall post “No Smoking” and “Warning” signs conspicuously in these areas.

e. The person in charge of a City area listed above shall post signs in those areas in which this section does not prohibit smoking. [Ord. 14-35 § 3, 2014; Ord. 03-36(A), 2003].

5.05.040 Penalties.

Any person who violates the provisions of HCC 5.05.030 shall be fined a sum of $25.00. [Ord. 03-36(A), 2003].