§ 12-9. Smoking in buildings and vehicles of the city.

(a)

Definitions. The following definitions shall apply:

(1)

City's buildings means all of the enclosed areas that are used by the city, its employees, and general public; including, but not limited to, all or any part of the buildings used for any of the operations of the city, such as the city hall, police station, municipal court, fire stations, community center, "city barn," (vehicle maintenance, sanitation, and street and bridge facility), water treatment plant, and wastewater treatment plant.

(2)

City's vehicles means all cars, pickups, trucks, SUV's, vans or buses that are used by the city's employees or city officials.

(3)

Smoke, smokes, or smoking includes:

a.

Carrying or holding a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or device; or

b.

The lighting of a combustion of any cigar, cigarette, tobacco, or similar article, or any other combustible substance in any manner, or in any form; or

c.

Emitting or exhaling the smoke of pipe, cigar, or cigarette of any kind.

(b)

Offense, penalty.

(1)

A person commits an offense if, in a city building or city vehicle, the person smokes and fails, or refuses, to extinguish smoking material or move outside the building or vehicle upon request by any person to do so.

(2)

Any person convicted of violating this provision shall be guilty of a class C misdemeanor, punishable by a fine of not less than one dollar ($1.00), nor more than one thousand dollars ($1,000.00) as set by a judge or jury.

(c)

Signs. Signs shall be visibly placed at each public entrance to city buildings to notify persons entering the premises that smoking is prohibited. This provision does not include exits used exclusively as emergency exits.

(d)

Penalty. That violation of any provision of this section shall be deemed a misdemeanor punishable by a fine of not less than one dollar ($1.00) nor more than one thousand dollars ($1,000.00).

(Ord. No. 96-013, §§ 1, 2, 8-13-96; Ord. No. 2002-22, § 1, 10-1-02; Ord. No. 2002-25, §§ 1, 2, 10-1-02; Ord. No. 2005-24, §§ 1, 2, 7-5-05)