§ 18-89. Prohibition of smoking.

(a)

Smoking is prohibited in all bars, city operated facilities, recreation facilities, restaurants, amusement places, bed and breakfasts and banquet facilities when employees are present and working at the banquet facility, provided however, that smoking is not prohibited in facilities owned and/or operated by a membership association or under the control of a membership association if such facility is used primarily for its members.

(b)

Smoking is prohibited within a distance of ten (10) feet from entrances, operable windows or ventilation systems of buildings or structures where smoking is prohibited in subsection (a). This subsection shall not apply to persons who are actively passing by such entrance, operable window or ventilation system.

(c)

Notwithstanding any other provision of this division, an owner, operator, manager, or other person in control of an establishment, facility or outdoor area may thirty (30) days after written notice is given to the city clerk declare that the 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 this division is posted by an owner, operator, manager, or other person in control of an establishment, facility or outdoor area.

(Ord. No. 11796, § 1, 4-4-2007; Ord. No. 11800, §§ 1, 2, 6-5-2007)