12.70.030 Locations where smoking is prohibited.

Smoking shall be prohibited in all public places including but not limited to the following unless otherwise provided and in all places where the owner or person in charge of the establishment has posted a nonsmoking sign:

A.    Restaurants, including any outdoor seating area provided by or attached to a restaurant;

B.    Elevators in buildings generally open to the public, including elevators in apartment buildings, irrespective of the number of living units in such apartment buildings;

C.    In all rooms, wards, waiting rooms, lobbies and public hallways of every health care facility. The exemptions set forth in Section 12.70.050 shall not apply to this subsection;

D.    Within every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City during such time as a public meeting is in progress;

E.    In waiting rooms, lobbies, public hallways and all other areas of every building under direct or indirect control of the City;

F.    Within all parts of any buildings which are primarily used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance, including nightclubs, and within any room, hall or auditorium that is occasionally used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance during the time that said room, hall or auditorium is open to the public for such exhibition; provided, however, that smoking is permitted on a stage when such smoking is part of a stage production;

G.    In museums, libraries, aquariums and galleries;

H.    In all enclosed parts of hotels, motels and resorts open to the general public, including, but not limited to guest rooms, registration areas, lobbies, hallways and conference rooms; provided, however, that 25 percent of the rooms rented to guests may be maintained as fixed smoking rooms;

I.    In buses, trains, taxicabs and other means of public transit while operating within the boundaries of the City, and in ticket areas and waiting rooms of transit terminals and stations;

J.    In sports arenas and outdoor theaters;

K.    Within all areas open to the public in business establishments dealing in goods or services and not otherwise mentioned in this section, including, but not limited to food and grocery stores, drugstores, supermarkets, automobile showrooms, banks, savings and loan offices, insurance offices, and attorneys offices;

L.    Public restrooms;

M.    Service areas;

N.    All enclosed areas available to and customarily used by the general public in all businesses or non-profit entities patronized by the public, including, but not limited to, attorney offices and other offices, banks, laundromats, hotels and motels;

O.    In all enclosed common areas in senior citizen residences, including but not limited to, laundry rooms, lobbies, lounges, hallways, waiting rooms, television rooms and dining areas. The City Council finds that smoking should be prohibited in senior citizen residences in particular in light of the increased health risks and discomfort which secondhand smoke may create for senior citizens who may be confined to limited areas within their residences;

P.    Bars;

Q.    Video arcades, card rooms, game rooms, pool halls, dance halls, bingo parlors and other amusement centers;

R.    Parking garages;

S.    All outdoor areas used for public seating in conjunction with any retail or food establishment in an exclusively pedestrian area that is enclosed on at least three sides, whether or not provided by or attached to a restaurant;

T.    Recreational areas;

U.    Within 50 feet of any entrance, exit, operational window, or air intake vent to any building that is used as a health care facility, licensed child or adult care facility, or senior center, and within 25 feet of any entrance, exit, operational window, or air intake vent to any other building that is open to the public, except while passing on the way to another destination. For purposes of this section, entrance or exit shall mean an opening into a building from a contiguous street, sidewalk, walkway or parking area, and "air intake vent" shall mean an opening into a building that draws in air from the outside as part of a building ventilation system;

V.    Within 25 feet of any bus stop;

W.    Commercial area sidewalks;

X.    Licensed child and adult care facilities; and

Y.    Senior centers. (Ord. 7321-NS § 3, 2013: Ord. 7009-NS § 3, 12/11/07: Ord. 6793-NS § 1 (part), 2004: Ord. 6713-NS § 1, 2002: Ord. 6569-NS § 3, 2000: Ord. 6407-NS § 1, 1998: Ord. 6397-NS § 1, 1997: Ord. 6358-NS § 2, 1996: Ord. 6161-NS § 1 (part), 1992: Ord. 5743-NS § 2 (part), 1986: Ord. 5713-NS § 2 (part), 1986)