§ 66-152. Smoking prohibited in certain public areas.

(a)

A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product or uses an electronic vaping device inside any of the following indoor or enclosed areas or any public building:

(1)

An elevator used by the public;

(2)

A hospital or nursing home corridor providing direct access to patients' rooms;

(3)

Any conference room, meeting room, or public service area of any facility owned, operated, or managed by the City;

(4)

Any retail or service establishment serving the general public, including, but not limited to, any department store, grocery store, or drugstore and common areas of City-owned facilities;

(5)

An area marked with a no smoking sign in accordance with subsection (b) by the owner or person in control of a hospital, nursing home, or retail or service establishment serving the general public;

(6)

Any facility of a public primary or secondary school; or

(7)

Any location on the property of any restaurant or any establishment where food is served or within 25 feet of any public entrance or exit, operable window, or ventilation system.

(b)

The owner or person in control of an establishment or area designated in subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment. The sign shall contain the words "no smoking, City of Haltom City ordinance," the universal symbol for no smoking, or other language that clearly prohibits smoking.

(c)

Notwithstanding subsection (a)(7), an owner or operator of a restaurant or any establishment where food is served may designate a patio where food is served as an area where smoking is permitted so long as the portion of the patio where smoking is permitted is at least twenty-five (25) feet away from any public entrance or exit, operable window, or ventilation system of the building or the enclosed portion of the building.

(d)

Every hospital shall:

(1)

Allow all patients, prior to elective admission, to choose to be in a no smoking patient room; and

(2)

Prohibit smoking by employees or visitors in any patient room located in a hospital in which smoking is allowed unless express approval is obtained from all patients in the patient room.

(e)

The owner or person in control of an establishment or area described in subsection (a)(4) or (a)(6) may designate an area, including but not limited to lobbies, meeting rooms, or waiting rooms, as a smoking area; provided that the designated smoking area may not include:

(1)

The entire establishment; or

(2)

Cashier areas or over-the-counter sales areas.

(f)

It is a defense to prosecution under this section if the person was smoking in a location that was:

(1)

A designated smoking area of a facility or establishment described in subsection (a)(4) or (a)(6) of this section which is posted as a smoking area with appropriate signs;

(2)

An administrative area or office of an establishment described in subsection (a)(4) or (a)(6) of this section;

(3)

A retail or service establishment serving the general public with less than 500 square feet of public showroom or service space or having only one employee on duty, unless posted as designated in subsection (a)(5) of this section;

(4)

A retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements;

(5)

An area in which an owner or operator allows smoking in a designated patio area of a restaurant or any establishment where food is served located more than twenty-five (25) feet from any public entrance or exit, operable window, or ventilation system.

(g)

It shall be unlawful for the owner or operator of any restaurant or any establishment where food is served to allow smoking in any location on the property where food is served. Notwithstanding the foregoing, food may be served in a designated patio located more than twenty-five (25) feet from any public entrance or exit, operable window, or ventilation system if the owner or operator of the restaurant or establishment where food is served allows smoking in the designated patio area pursuant to subsection (c) herein.

(Code 1973, § 13-77; Ord. No. 1288, § 2, 7-10-86; Ord. No. O-2014-005-01, § 1, 4-28-14)