§ 24-11.5. Duty of Person, Employer, Business, or Non-Profit.

a.

The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this section shall:

1.

Clearly and conspicuously post "no smoking" signs within or adjacent to unenclosed dining areas, or by other means necessary to clearly indicate that smoking is prohibited in the dining area.

2.

Remove all ashtrays from any area where smoking is prohibited by this section, except for ashtrays displayed for sale and not for use on the premises.

b.

No person, employer, business, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, employer, business, or nonprofit entity and in which smoking is prohibited by law and the person, employer, business or nonprofit entity is not otherwise compelled to act under state or federal law.

c.

No person, employer, business, or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the person, employer, business, or nonprofit entity and in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable distance required by this section.

d.

Notwithstanding any other provision of this section, any owner, employer, business, nonprofit entity, or other person who controls any property, establishment, or place of employment regulated by this section may declare any part of such area in which smoking would otherwise be permitted to be a non-smoking area.

(Ord. No. 3038 N.S., § 1, 11-1-2011; Ord. No. 3202 N.S., § 1, 11-21-2017)