§ 66-155. Regulation of smoking in the workplace.

(a)

Notwithstanding the provisions of sections 66-152 and 66-153, an employer may designate any workplace, or portion thereof, as a nonsmoking area. Any employer who chooses to designate any workplace, or portion thereof, as a nonsmoking area shall:

(1)

Have and implement a written policy on smoking which conforms to this section; and

(2)

Make the policy available for inspection by employees and the City or the City's authorized representatives; and

(3)

Prominently display reasonable sized signs indicating that smoking is prohibited; and

(4)

Provide facilities in sufficient numbers and at such locations as to be readily accessible, for the extinguishment of smoking materials.

(b)

It shall be unlawful for any person to violate any of the provisions of an employer's written smoking policy, adopted, implemented, and maintained in accordance with subsection (a).

(1)

It shall be a defense to prosecution under this section that the workplace does not have prominently displayed reasonably sized signs indicating that smoking is prohibited.

(2)

It shall also be a defense to prosecution under this section that facilities for the extinguishment of smoking materials were not located in said workplace in sufficient number and at such locations as to be readily accessible.

(Code 1973, § 13-80; Ord. No. 1288, § 5, 7-10-86; Ord. No. O-2014-005-01, § 1, 4-28-14)