Chapter 119
SMOKING
ARTICLE I
Smoking in Public
[Adopted 4-10-1979 as L.L.
No. 2-1979]
§
119-1.
Title.
§
119-2.
Purpose.
§
119-3.
Definitions.
§
119-4. Prohibited
acts.
§
119-5. Designation
of smoking areas.
§
119-6.
Responsibilities of proprietors.
§
119-7.
Waiver.
§ 119-8. Penalties for
offenses.
ARTICLE
II
Municipal Smoking
Policy
§
119-9. Where
prohibited.
§
119-10. Designation of smoking
room.
§
119-11. Designation of
nonsmoking areas.
§
119-12. Conflict
resolution.
§
119-13. Smoking outside of
designated areas.
§ 119-14. Copies of policy to be
distributed.
History: Adopted by the Board of Trustees of the
§
119-1. Title.
This Article shall be known as "A law
regulating smoking at public places and in public
meetings."
§
119-2. Purpose.
The purpose of this Article is to
protect the public health, comfort and environment by prohibiting smoking in
public places and at public meetings except in designated smoking areas.
§
119-3. Definitions.
As used in this Article, the terms
defined have the meanings given them:
Malls -- Aggregations of five (5)
or more retail establishments which may or may not have enclosed common
areas.
Public meeting -- Includes all meetings
open to the public.
Public place -- Any enclosed, indoor
area used by the general public or serving as a place of work, including but not
limited to restaurants, retail stores, offices and other commercial
establishments, public conveyances, educational facilities, hospitals, nursing
homes, auditoriums, arenas and meeting rooms, but excluding private, enclosed
offices.
Smoking -- Includes carrying a
lighted cigar, cigarette, pipe or any other lighted smoking
equipment.
§
119-4. Prohibited acts.
No person shall smoke in a public place
or at a public meeting except in designated smoking areas. This prohibition does
not apply in cases in which an entire room or hall is used for a private social
function and seating arrangements are under the control of the sponsor of the
function and not of the proprietor or person in charge of the place.
Furthermore, this prohibition shall not apply to factories, warehouses and
similar places of work not usually frequented by the general public. The common
areas of enclosed malls shall also be exempted from the provisions of this
Article; this prohibition will apply only to the interiors of restaurants,
retail stores, etc., located within such malls.
§
119-5. Designation of smoking areas.
Smoking areas may be designated by
proprietors or other persons in charge of public places, except in places in
which smoking is prohibited by the fire marshal or by other law, ordinance or
regulation. 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. In the case of public places consisting of a single
room, the provisions of this Article shall be considered met if one side of the
room is reserved and posted as a no-smoking area. No public place other than a
bar shall be designated as a smoking area in its entirety. If a bar is
designated as a smoking area in its entirety, this designation shall be posted
conspicuously on all entrances normally used by the
public.
§
119-6. Responsibilities of proprietors.
The proprietor or other person in charge
of a public place shall make reasonable efforts to prevent smoking in the public
place by:
A.
Posting appropriate
signs;
B.
Arranging seating to provide
a smoke-free area;
C. Asking smokers to
refrain from smoking upon request of a client or employee suffering discomfort
from the smoke; or
D. Any other means which
may be appropriate.
§
119-7. Waiver.
The Lansing Village Board of Zoning
Appeals may, upon request, waive the provisions of this Article if it determines
there are convincing reasons to do so and a waiver will not significantly affect
the health and comfort of nonsmokers.
§
119-8. Penalties for offenses.[1]
Unless statutory provisions prevail, a
violation of any provision of this Article shall be punishable by a fine not
exceeding two hundred fifty dollars ($250.) or imprisonment for not more than
fifteen (15) days, or both. Each day that such violation continues shall
constitute a separate violation.
ARTICLE
II
Municipal Smoking
Policy
[Adopted 3-20-1990[2]]
§
119-9. Where prohibited.
A. Smoking is prohibited
throughout the
B.
Smoking is prohibited in any
indoor enclosed work area occupied by more than one (1) person, unless all
employees in such area agree to allow smoking. The rights of a nonsmoker to a
smoke-free work area shall prevail.
C.
Smoking is also prohibited
in all employee rest rooms, elevators, hallways, classrooms, auditoriums,
gymnasiums, employee medical facilities and areas containing office equipment
used in common.
D.
Smoking is also prohibited
in conference or meeting rooms and municipal
vehicles used by more than one (1) person unless all occupants agree to
allow smoking.
§
119-10. Designation of smoking room.
An enclosed smoking room may be
designated upon request if space is available.
§
119-11. Designation of nonsmoking areas.
Employee cafeterias, lunchrooms and
lounges will contain nonsmoking areas large enough to meet
demand.
§
119-12. Conflict resolution.
Conflicts should be brought to the
attention of the appropriate supervisory personnel. Employees may also file a
formal complaint with the Tompkins County Health
Department.
§
119-13. Smoking outside of designated areas.
Employees found smoking outside of
designated smoking areas will be considered in violation of this policy and may
be subject to penalties.
§
119-14. Copies of policy to be distributed.
Copies of these rules will be posted and
distributed to all employees of the