NO SMOKING IN PUBLIC PLACE
|It is hereby declared that smoking in public places is a public nuisance, dangerous and hazardous to the public health, and violates the rights of non-smokers to breathe air which is free of smoke contamination.
|As used herein, "Smoking" shall include carrying a lighted cigarette, cigar, pipe or other tobacco product.
|No person shall smoke in any elevator accessible to the public.
|No person shall smoke nor shall any person, employee, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in any room to which the public is invited or in which the public is permitted, including, but not limited to, any restaurant, health care facility, classroom, lecture hall, theater, motion picture theater, opera house, concert hall, library, auditorium, school, retail store, reception area, restroom or lavatory, waiting room, or public area of a bank, but not including any private residence or other place mentioned in subsection (e) nor any party, beano game, social reception, or fraternal or veteran's organization.
|Smoking is permitted in the bar area of a restaurant, provided that 1) the bar area shall not include any common area of the premises to which any patron seated in the non-smoking area may need access, including but not limited to waiting areas, restrooms, and access routes thereto; 2) the perimeter of a bar area of a restaurant in which smoking is permitted shall be separated by a floor -to-ceiling physical barrier; 3) the bar area of the restaurant shall be marked with signs that warn patrons of the dangers of exposure to secondhand smoke; and 4) no person under the age of eighteen (18) years old is permitted to enter the bar area of the restaurant.
This prohibition does not apply in cases in which an entire room or hall is used for a private social function and not by the proprietor or person in charge of the restaurant.
In addition to the remedies provided by subsections (h) and (i), the Director of Public Health or any person aggrieved by the willful failure of the proprietor or other person in charge of a restaurant to comply with any provision of this subsection may apply for injunctive relief to enforce the provisions of this subsection in any court of competent jurisdiction.
Nothing in this subsection shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law.
|Every person having control of premises upon which smoking is prohibited by this article or his or her agent or designee, shall conspicuously display upon the premises a sign reading "Smoking Prohibited by Law".
|It shall be unlawful for any person having control of any premises or place in which smoking is prohibited by this ordinance to knowingly permit a violation of this article. A person shall be held to have knowingly permitted a violation of this article if a visitor to his or her premises observes one or more people smoking (other than in properly designated smoking areas) on three successive visits. Any licenses issued by the Town to such person shall be subject to suspension for up to fifteen (15) days for a single violation of this subsection, and shall be subject to suspension for up to one year, or to revocation, for any successive violation.
|Any person who knowingly violates any provision of the Article, or who smokes in an area in which a "Smoking Prohibited by Law" notice is conspicuously posted as required by subsection (h) of this article shall be subject to a fine in an amount of one hundred dollars $100) for the first offense, two hundred ($200) for a second offense and three hundred dollars ($300) for a third or subsequent offense. All violations will be written against the establishment.
|If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.