§ 34-474. Responsibilities of proprietors, owners and managers.

(a)

A person having control of a place listed in section 34-473 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of section 34-473 in that place. It shall be an affirmative defense to an alleged violation of this subsection that the person having control of a place has asked that the lighted cigarette, cigar, pipe or other tobacco product be extinguished and asked the person to leave the establishment if that person has failed or refused to extinguish the lighted cigarette, cigar, pipe or other tobacco products.

(b)

A person having control of a place 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 Article. Such signage shall consist of letters not less than one inch in height.

(c)

It shall be the responsibility of employers to provide smoke-free workplaces for all employees.

(d)

Each employer having any enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

(e)

The smoking policy shall be communicated to all employees within four weeks of the adoption of this Ordinance.

(f)

All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

(Ord. No. 080073, § 4, 1-17-08)

Cross reference

Licenses and miscellaneous business regulations, ch. 40.