§ 32-17. Smoking prohibited in common areas except designated smoking areas.

(a)

Smoking is prohibited in all common areas, except that a person with legal control over a common area, such as a landlord or homeowners' association, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with subsection (b) below.

(b)

A designated smoking area shall:

(1)

Be in an unenclosed area;

(2)

Be located at least twenty-five (25) feet in any direction from any operable doorway, window, vent or other opening into an enclosed area;

(3)

Be clearly identified by conspicuous signs; and

(4)

Be located at least twenty-five (25) feet from unenclosed areas that are frequently used by children, including but not limited to, locations such as playgrounds and swimming pools.

(c)

No person with legal control over a common area in which smoking is prohibited by this article or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.

(Ord. No. 5947, § 1, 9-13-2011.)