§ 18-90. Responsibilities of proprietors, owners and managers.

(a)

Any person(s) who owns, manages, operates, or otherwise has control of an area where smoking is prohibited by the provisions of subsection 18-89(a) shall not permit, cause, suffer or allow any person to violate the provisions of this division in that place.

(b)

It shall be an affirmative defense to an alleged violation of this subsection if the person who owns, manages, operates or otherwise controls a public place listed in subsection 18-89(a) does the following:

(1)

Immediately requests that the person in possession of lighted smoking materials extinguish the same; and

(2)

If the lighted smoking materials are not extinguished, immediately requests that the person in possession of such lighted smoking materials leave the area where smoking is prohibited by the provisions of this division; and

(3)

If the person in possession of such lighted smoking materials does not leave the area where smoking is prohibited by the provisions of this division, immediately notifies the city enforcement officers of the violation of subsection 18-89(a).

(4)

The above shall only be an affirmative defense for the one who owns, manages, operates, or otherwise controls a public space, and shall have no implication for an individual violating this division as expressed by section 18-89.

(c)

A person who owns, manages, operates, or otherwise has control of a public place listed in subsection 18-89(a) shall clearly and conspicuously post "No Smoking" signs, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), near all entrances where smoking is prohibited by this division. Such signage shall consist of letters not less than one (1) inch in height.

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