§ 32-19. Additional smoking-related prohibitions.

(a)

No person shall engage in smoking in any nonsmoking area.

(b)

A person who owns, manages, operates or otherwise controls the use of any place where smoking is prohibited by this article may not knowingly or intentionally permit smoking in those places. For purposes of this article, a person has acted knowingly or intentionally if he or she has not taken the following actions to prevent smoking by another person:

(1)

Requested that a person who is smoking refrain from smoking; and

(2)

Requested that a person who is smoking leave the place if the person refuses to stop smoking after being asked to stop.

This article does not require physically ejecting a person from a place or taking steps to prevent smoking under circumstances that would involve risk of physical harm.

(c)

No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this article. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this article. Violation of this subsection shall constitute a misdemeanor.

(Ord. No. 5947, § 1, 9-13-2011.)