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(1) Nothing in sections 6.225 to 6.240 shall be construed to in any way affect smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations.

(2) Smoking is prohibited on all real property owned by the city and in all public places and all places of employment within the city, including, but not limited to the following:

(a) All elevators.

(b) Rest rooms, lobbies, reception areas, hallways, and any other areas of common use.

(c) Buses, taxicabs, and any other means of public transportation.

(d) Service lines, or within ten feet of a service line that extends out of doors.

(e) Retail stores.

(f) All areas available and customarily used by the general public located in a business patronized by the public, including non-profit and public businesses. Affected businesses include, but are not limited to, professional offices, banks, laundromats, hotels and motels.

(g) All restaurants, taverns, bars, cocktail lounges and bingo parlors.

(h) Any enclosed facility that is primarily used for exhibiting any motion picture, stage or drama production, lecture, music recital or other similar performance, except for performers when smoking is part of a stage or drama production.

(i) Sports facilities.

(j) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, or committee, including joint committees or agencies of the city, during the time a public meeting is in progress.

(k) Within publicly owned buildings and within 25 feet of any entrance or air intake to, or any operable window of, any such building. However, notwithstanding the foregoing prohibition, a private establishment that is located in a city-owned building and that has a separate entrance may have an outdoor smoking area if it complies with other provisions of this code and any rules adopted by the city manager to implement this section, and no smoking occurs within 25 feet of an entrance, air intake to or operable window of another business, agency or establishment located within the same city-owned building.

(l) Waiting rooms, hallways, wards, and semi-private rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, and doctor’s and dentist’s offices.

(m) Lobbies, hallways, and other enclosed common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(n) Polling places.

(o) Within a reasonable distance, of not less than ten feet, of any entrance to any enclosed area where smoking is prohibited.

(p) The exterior of city-owned buildings a primary purpose of which is to provide services and programs to children under the age of 18, including but not limited to libraries, pools, sports parks and community centers. The city manager shall adopt an administrative order that identifies the specific facilities covered by this subsection. For purposes of this subsection, “exterior” means the area outside of the building extending from the building footprint to the curb, including but not limited to driveways, planting strips, sidewalks, pedestrian ways, patios and alleys adjacent to the city-owned building, but not extending into any non-city owned property adjacent to the building or onto the roadway. Notwithstanding the prohibition contained in this section, if a private establishment is located in a city-owned building, the provisions of subsection (2)(k) of this section related to private establishments shall apply.

(q) If requested by the property owner and approved by the city manager, public rights-of-way adjacent to properties where smoking is prohibited by subsections (2)(a)-(p) of this section, and public rights-of-way adjacent to smoke free publicly owned properties. The request shall comply with the rules adopted by the city manager under section 2.019 of this code.

(r) Within the downtown core as that area is defined in section 4.871 of this code. Notwithstanding the prohibition contained in this section, the city manager is authorized to permit smoking in designated areas adjacent to private establishments that request such permission and that comply with the rules adopted by the city manager under section 2.019 of this code.

(3) Employers are required to provide for all employees a place of employment in which employees are not exposed to the smoking of others.

(Section 6.230 added by Ordinance No. 18721, enacted November 12, 1980; amended by Ordinance No. 20212, enacted September 25, 2000, effective October 26, 2000; Ordinance No. 20215, enacted November 13, 2000, effective December 13, 2000; Ordinance No. 20338, enacted March 4, 2005, effective April 3, 2005; Ordinance No. 20451, enacted February 8, 2010; effective March 12, 2010; and Ordinance No. 20603, enacted July 23, 2018, effective August 24, 2018.)