Chapter 8.32
SMOKING IN PUBLIC PLACES
Sections:
8.32.030 Smoking in designated areas only.
8.32.040 Designation of smoking areas by owner or lessee.
8.32.050 Signs to be posted – Owner responsibility to enforce.
8.32.060 Smoking in private work space – Intent of provisions.
8.32.070 Smoking prohibited in city buildings and property.
8.32.090 Adoption of regulations to implement provisions.
8.32.010 Findings.
The city council recognizes the increasing evidence that tobacco smoke in closely confined spaces may create a danger to the health of some citizens of this state and to employees of the city of Mount Vernon. In order to protect the health and welfare of those citizens and employees it is necessary to prohibit smoking in public places except in areas designated as smoking areas. (Ord. 2603 § 1, 1994; Ord. 2203 § 1, 1986).
8.32.020 Definitions.
As used in this chapter the following terms have the meanings indicated unless the context clearly indicates otherwise.
A. “Smoke” or “smoking” means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment.
B. “Public place” means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the city, or other public entity, and regardless of whether a fee is charged for admission.
Public places include, but are not limited to: Elevators, public theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, city and other municipal buildings and facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, and reception areas. A public place does not include a private residence. This chapter is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions when the facility is open to the public.
C. “Restaurant” means any building, structure, or area used, maintained, or advertised as, or held out to the public to be, an enclosure where meals are made available to be consumed on the premises, for consideration of payment. (Ord. 2603 § 2, 1994).
8.32.030 Smoking in designated areas only.
No person may smoke in a public place except in designated smoking areas. (Ord. 2603 § 3, 1994).
8.32.040 Designation of smoking areas by owner or lessee.
A. A smoking area may be designated in a public place by the owner or, in the case of a leased or rented space, by the lessee or other person in charge except in:
1. Elevators; buses, except for private hire; streetcars; taxis, except those clearly and visibly designated by the owner to permit smoking; public areas of retail stores and lobbies of financial institutions; office reception areas and waiting rooms of any building owned or leased by the state or by any city, county, or other municipality in the state; museums; public meetings or hearings; classrooms and lecture halls of schools, colleges, and universities; and the seating areas and aisleways which are contiguous to seating areas of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas; and
2. Hallways of health care facilities, with the exception of nursing homes, and lobbies of concert halls, theaters, auditoriums, exhibition halls, and indoor sports arenas, if the area is not physically separated. Owners or other persons in charge are not required to incur any expense to make structural or other physical modifications in providing these areas.
Except as provided in other provisions of this chapter, no public place, other than a bar, tavern, bowling alley, tobacco shop, or restaurant, may be designated as a smoking area in its entirety. If a bar, tobacco shop, or restaurant is designated as a smoking area in its entirety, this designation shall be posted conspicuously on all entrances normally used by the public.
B. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke in adjacent nonsmoking areas.
C. Managers of restaurants who choose to provide smoking areas shall designate an adequate amount of seating to meet the demands of restaurant patrons who wish to smoke. Owners of restaurants are not required to incur any expense to make structural or other physical modifications in providing these areas. Restaurant patrons shall be informed that separate smoking and nonsmoking sections are available.
D. Except as otherwise provided in this chapter, a facility or area may be designated in its entirety as a nonsmoking area by the owner or other person in charge. (Ord. 2603 § 4, 1994).
8.32.050 Signs to be posted – Owner responsibility to enforce.
Owners, or in the case of a leased or rented space, the lessee, or other person in charge of a place regulated under this chapter shall make every reasonable effort to prohibit smoking in public places by posting signs prohibiting or permitting smoking as appropriate under this chapter. Signs shall be posted conspicuously at each building entrance. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. The boundary between a nonsmoking area and a smoking permitted area shall be clearly designated so that persons may differentiate between the two areas. (Ord. 2603 § 5, 1994).
8.32.060 Smoking in private work space – Intent of provisions.
This chapter is not intended to regulate smoking in a private enclosed workplace, within a public place, even though such workplace may be visited by nonsmokers, excepting places in which smoking is prohibited by the director of community development, through the director of fire protection, or by other law, ordinance, or regulation. (Ord. 2603 § 6, 1994).
8.32.070 Smoking prohibited in city buildings and property.
Smoking shall be prohibited in all city buildings, offices, and vehicles, including offices and vehicles rented or leased by the city. Smoking is prohibited within 50 feet of the doorway of any city owned building. (Ord. 2603 § 7, 1994).
8.32.080 Violation – Penalty.
A. Any person intentionally violating this chapter by smoking where prohibited is subject to a civil fine of up to $100.00. Any person intentionally removing, defacing, or destroying a sign required by this chapter or posted to advise the public that smoking is prohibited, is subject to a civil fine of up to $500.00. This section shall be enforced by issuing a notice of infraction. Disposition of the infraction shall be governed by the infraction rules for courts of limited jurisdiction (IRLJ) and the laws of the state.
B. When violations of MVMC 8.32.040 or 8.32.050 occur, a warning shall first be given to the owner or other person in charge. Any subsequent violation is subject to a civil fine of up to $100.00. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.
C. The fire department of the city shall enforce MVMC 8.32.040 and 8.32.050 regarding the duties of owners or other persons in charge of public places and the local health department shall enforce MVMC 8.32.040 and 8.32.050 regarding the duties of restaurants by either of the following actions:
1. Serving notice requiring the correction of any violation; or
2. Calling upon the city attorney to maintain an action for an injunction to enforce MVMC 8.32.040 and 8.32.050, to correct a violation, and to assess and recover a civil penalty for the violation. (Ord. 2603 § 8, 1994).
8.32.090 Adoption of regulations to implement provisions.
The fire department of the city and the local health department may adopt regulations as required to implement this chapter. (Ord. 2603 § 9, 1994).