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4-12-305 DISTANCE REQUIRED FROM ANY SCHOOL-300 FEET. Smoking shall
<br />be prohibited on public property within three hundred (300) feet of the property line of a primary
<br />or secondary school.
<br />ARTICLE 4. DUTIES OF PERSON, EMPLOYER, BUSINESS OR NON-PROFIT
<br />ENTITY
<br />4-12-400 GENERAL DUTIES.
<br />(a) No person, owner, landlord, Employer, Business, or Nonprofit Entity shall
<br />knowingly permit the Smoking of Tobacco Products in an area which is under the legal or de
<br />facto control of the person, owner, landlord, Employer, Business, or Nonprofit Entity and in
<br />which Smoking is prohibited by law and the person, owner, landlord, Employer, Business or
<br />Nonprofit Entity is not otherwise compelled to act under state or federal law.
<br />(b) Notwithstanding any other provision of this Chapter, any owner, landlord,
<br />Employer, Business, Nonprofit Entity, or other person who controls any property, establishment,
<br />or Place of Employment regulated by this Chapter may declare any part of such area in which
<br />Smoking would otherwise be permitted to be a nonsmoking area.
<br />(c) Notwithstanding any other provision of this Chapter, any owner, landlord,
<br />manager, Employer, Business, Nonprofit Entity, or other person who controls any property,
<br />establishment, or Place of Employment regulated by this Chapter may adopt policies relating to
<br />smoking which are more restrictive than those provided herein, or declare such property,
<br />establishment or Place of Employment regulated by this Chapter as entirely nonsmoking.
<br />4-12-405 DUTY TO POST SIGNS. "No Smoking" or "Smoke Free" signs, with letters of
<br />no less than one inch in height or the international "No Smoking" symbol (consisting of a
<br />pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it)
<br />shall be clearly, sufficiently and conspicuously posted in every Enclosed and Unenclosed place
<br />in which Smoking is prohibited by this Chapter, by the person, Employer, Business, or Nonprofit
<br />Entity that has legal or de facto control of such place. For purposes of this Chapter, the City
<br />Manager or designee shall be responsible for the posting of signs in regulated facilities owned or
<br />leased in part by the City. Notwithstanding this provision, the presence or absence of signs shall
<br />not be a defense to the violation of any other provision of this Chapter.
<br />ARTICLE 5. ENFORCEMENT AND PENALTIES
<br />4-12-500 PUBLIC ENFORCEMENT.
<br />(a) Violations of this Chapter may, in the discretion of the District Attorney, be
<br />prosecuted as infractions or misdemeanors.
<br />(b) Violations of this Chapter are subject to a civil action brought by the City
<br />Attorney, punishable by a civil fine not to exceed One Hundred Dollars ($100) for the first
<br />violation; Two Hundred Dollars ($200) for the second violation within one (1) year; and Five
<br />Hundred Dollars ($S00) for each additional violation of this Article within one (1) year. Each
<br />day such violation continues shall constitute a separate offense.
<br />(c) Any person who Smokes in an area where Smoking is prohibited is guilty of
<br />trespass and, if the area is accessible by the public or any Employee during the normal course of
<br />operations, such Smoking constitutes a public nuisance.
<br />ORDINANCE N0.2009-011 S
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