§ 22-115. Prohibited in certain public areas.

(a)

Offense. A person commits an offense if he smokes or possesses burning tobacco, weed or other plant product in any of the following indoor or enclosed areas:

(1)

An elevator used by the public;

(2)

A hospital or nursing home corridor providing direct access to patients' rooms and patient treatment areas of all medical facilities;

(3)

Any conference room, meeting room, or public service area of any facility owned, operated or managed by the city;

(4)

All retail or service establishments and financial institutions serving the general public, including, but not limited to, any department store, grocery store, drug store, clothing store, shoe store, hardware store, banks, savings and loan, laundromats, hair salons or barbershops, and shall include all public areas and waiting rooms of public transportation facilities, including, but not limited to, bus facilities, common areas of theaters, and cultural facilities; provided that smoking may be allowed in the common areas of shopping malls;

(5)

An area marked by a no smoking sign in accordance with subsection (b) of this section by the owner or person in control of a hospital, nursing home or retail or service establishment serving the general public;

(6)

Any facility of a public primary or secondary school; or an enclosed theater, movie theater, library, museum, transportation vehicles, such as buses; except on chartered buses for private hire or in taxicabs clearly designated by the operation to permit smoking; and

(7)

All rooms in which meetings and/or hearings are open to the public.

(b)

Signs to be posted. The owner or person in control of an establishment or area designated in subsection (a) of this section shall post a conspicuous reasonably sized sign at the main entrance to the establishment.

(c)

Hospitals. Every hospital shall:

(1)

Allow all patients, prior to elective admission, to choose to be in a no smoking patient room;

(2)

Require that employees or visitors obtain express approval from all patients in a patient room prior to smoking; and

(3)

Comply with all other provisions of this article relative to public areas, food establishments or work areas.

(d)

Smoking areas designated. The owner or person in control of an establishment or area described in subsection (a)(4) or (6) of this section may designate an area, including, but not limited to, lobbies, meeting rooms, waiting rooms, or lounges, as a smoking area; provided that the designated smoking area may not:

(1)

Include the entire establishment;

(2)

Include immediate cashier areas, over the counter sales, or service lines;

(3)

Include the viewing area of any theater or movie theater; or

(4)

Be larger in size than 50 percent of the common area of the establishment.

(e)

Defense to prosecution. It is further a defense to prosecution under this section if the person was smoking:

(1)

In a location that was a designated smoking area of a facility of establishment described in subsection (a)(2), (4), or (6) of this section, which is posted as a smoking area with appropriate signs;

(2)

In a location that was an administrative area or office of an establishment described in subsection (a)(4) or (6) of this section;

(3)

In a location that was a retail or service establishment serving the general public with less than 500 square feet of public showroom or service space or having only one employee on duty, unless posted as designated in subsection (a)(5) of this section;

(4)

In a location that was a retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products, or smoking implements;

(5)

As a participant in an authorized theatrical performance; or

(6)

In a situation in which the person is present at an event in which an entire room or a hall is used for private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place.

(f)

Written policy required. The owner or person in control of any facility or area designated as a no smoking area in subsections (a)(3) or (4) of this section shall:

(1)

Have and implement a written policy on smoking which conforms to this article; and

(2)

Make the policy available for inspection by employees and the director.

(Code 1978, § 21.5-2; Code 1993, § 42-133)