§ 19-16. Smoking in public places.

(a)

Title. This section shall be known as the Smoking Pollution Control Ordinance.

(b)

Purpose. The smoking of tobacco and other weeds or plants is a health danger to those persons exposed to the smoke and is a source of annoyance and discomfort to those who are present in confined areas where such smoke is present. For these reasons, the purpose of this section is to regulate smoking in enclosed public places and in places of employment.

(c)

Definitions. In this section, unless otherwise expressly provided or as required by the context:

(1)

Bar means an area devoted primarily to the serving of alcoholic beverages, to which food service is only incidental.

(2)

Designated smoking area means any area within an enclosed public place where smoking is specifically permitted. No designated smoking area shall exceed in area and size any nonsmoking area within the public place, except as otherwise expressly provided in this article. Any area in which smoking is permitted shall be located, to the fullest extent possible, in such a manner as to confine smoke to that area.

(3)

Employee means any person who is employed by any employer for direct or indirect monetary wages or profit.

(4)

Employer means any person employing the services of at least one (1) person.

(5)

Enclosed public place means any area enclosed by a roof and walls with one (1) or more openings for ingress and egress, which is available to and customarily used by the public. Enclosed public places governed by this section shall include, but shall not be limited to, public areas such as elevators, waiting rooms, reception areas, lobbies, rest rooms, restaurants, retail stores, retail service establishments, grocery stores, convenience markets, drugstores, shopping malls, theaters, auditoriums, public and private schools, offices of health care professionals, pharmacies, indoor sports facilities and their lobbies, public transportation vehicles and terminals, airport service lines, airport waiting lounges, taxicabs or other means of public transit, community centers, child care centers, public or common areas of hotels and motels, financial institutions, all indoor facilities and any public places already regulated by Arizona Revised Statutes section 36-601.01. A private residence is not a public place.

(6)

Place of employment means any enclosed area under the control of a private or public employer, which is intended for occupancy by employees during the course of employment, including, but not limited to, work areas, offices, employee lounges, conference and meeting rooms, employee cafeterias and lunchrooms, classrooms, auditoriums, hallways, stairways, waiting areas and rest rooms. A private residence is not a place of employment.

(7)

To smoke or smoking means burning or carrying any lighted cigarette, tobacco or any other weed or plant or placing any burning tobacco, weed or plant in an ashtray or other receptacle and allowing smoke to diffuse into the air.

(d)

Smoking in city-owned public places. All enclosed public places owned, controlled, occupied or managed by the city shall be subject to this section.

(e)

Smoking in enclosed public places.

(1)

Smoking is prohibited in rest rooms, public buses, the public areas of grocery stores, convenience markets, drugstores, pharmacies, and in waiting or checkout line areas within other enclosed public places.

(2)

Smoking is prohibited in all other enclosed public places, except in a designated smoking area or as otherwise expressly provided in this article.

(3)

The provisions of this section shall not be construed to limit the ability of the owner, operator or manager of an enclosed public place to declare the whole or any portion of that enclosed public place to be smoke free.

(f)

Smoking optional areas. Other provisions of this section to the contrary notwithstanding, the following areas shall not be subject to the smoking restrictions of this section:

a.

Private residences.

b.

Bars, pool halls and bowling alleys.

c.

Hotel and motel rooms rented to guests.

d.

Retail stores dealing exclusively in the sale of tobacco products and smoking paraphernalia.

e.

On-stage smoking as a part of a stage production, ballet or similar exhibition.

f.

Hotel, motel and all other public and private conference/meeting rooms, while these places are being used exclusively for private functions.

g.

A private residence which serves as a work place or place of employment.

h.

Private clubs and private recreation facilities.

(g)

Smoking in places of employment.

(1)

Each employer in each place of employment within the city shall adopt, implement and maintain a written smoking policy containing at a minimum the following provisions and requirements:

a.

Prohibition of smoking in employer conference and meeting rooms, classrooms, auditoriums, rest rooms, waiting areas, medical facilities, hallways, stairways and elevators.

b.

Provision and maintenance of a separate nonsmoking area of not less than one-half of the seating capacity and floor space in cafeterias, lunchrooms and employee lounges.

(2)

Any employee may object to their employer about smoke in their immediate work area. The policy required by the preceding subsection shall include a reasonable definition of immediate work area. Using already available means of ventilation or separation or partition of office space, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of smoking and nonsmoking employees. An employer is not required by this provision, however, to make any expenditures or structural changes to accommodate the preferences of smoking or nonsmoking employees.

(3)

If no accommodation which is reasonably satisfactory to all effected nonsmoking employees can be reached in a given work area, the preferences of the nonsmoking employee shall prevail and the employer shall prohibit smoking in that work area. Where the employer prohibits smoking in a work area, it shall clearly mark that area with appropriate "no smoking" signs and, upon request, shall provide signs to employees for use in designating their areas.

(4)

The employer shall announce its policies regarding smoking as required by this section to all the employer's employees working in work places in the city and the employer shall post its written policies conspicuously in all work places under the employer's jurisdiction in the city.

(5)

Nothing in this section shall be construed to prevent or limit an employer's right to designate any place of employment, or a portion thereof, as a nonsmoking area.

(h)

Posting generally.

(1)

Any person or employer who owns, manages, operates or otherwise controls the use of any premises subject to this section has the responsibility to properly:

a.

Designate required "no smoking" areas.

b.

Post signs as required by this subsection or elsewhere in this section.

(2)

"Smoking" or "No Smoking" signs, as appropriate, or the international "no smoking" symbol (consisting of a picture of a burning cigarette inside a red circle with a red bar diagonally across it) shall be clearly and conspicuously posted by the owner, operator, manager, employer or other person in control in every place where smoking is controlled by this section.

(3)

Any owner, manager, operator or employee of any establishment to which this section applies shall, upon either observing or being advised of a violation of subsection (e), have the obligation to inform the violator of the requirements of this section and request immediate compliance.

(i)

Smoking in restaurants.

(1)

No smoking shall be permitted in restaurants, except as expressly provided in this section.

(2)

A restaurant may permit smoking within a designated area only if requested by a customer and may expand the size of the smoking area to meet immediate customer demand for smoking. Notwithstanding immediate customer demand, a restaurant shall always maintain a nonsmoking area. Any area in which smoking is permitted pursuant to this section shall be located, to the fullest extent possible, in such a manner as to confine smoke to that area.

(3)

All restaurants shall conspicuously post notices at all public entrances indicating whether smoking is permitted on the premises and, if permitted, that smoking shall only be upon customer request and only within an area designated by the restaurant.

(j)

Smoking in Scottsdale Stadium.

(1)

No smoking shall be permitted in the Scottsdale Stadium, except as expressly provided by this section.

(2)

For purposes of this subsection, Scottsdale Stadium includes, without limitation, the following: all areas inside of the stadium, seating areas, bleachers, grass areas, berms, concourses, corridors, rest rooms, hallways, concession booths or facilities, and any waiting lines that may be formed by people waiting to use any of these areas or facilities. Scottsdale Stadium shall also include places outside of the public entrance gates where people form waiting lines to purchase tickets or enter the stadium.

(3)

The city manager, or the city manager's designee, shall designate smoking areas within the stadium to accommodate people who wish to smoke while attending events and shall comply with the posting requirements of this section in respect to the stadium.

(4)

Notwithstanding any provisions to the contrary, any person or group which is legally entitled to use Scottsdale Stadium, or any portion of it, whether pursuant to a facility use agreement issued in accordance with the provisions of article IV, chapter 20 of this Code, or otherwise, shall have the right to impose stricter requirements than contained herein for the period of lawful use.

(k)

Penalties; enforcement.

(1)

A violation of any provision of this section is a petty offense. An individual convicted of a violation of this section may be punished by a sentence to pay an amount, fixed by the court, of not more than three hundred dollars ($300.00). The court shall, in all instances, impose a mandatory minimum fine of twenty-five dollars ($25.00) on an individual so convicted. An enterprise, as defined by A.R.S. § 13-105, convicted of a violation of this section may be punished by a sentence to pay an amount, fixed by the court, of not more than one thousand dollars ($1,000.00). The court shall, in all instances, impose a mandatory minimum fine of two hundred fifty dollars ($250.00) upon an enterprise so convicted.

(2)

Each day that a violation continues constitutes a separate offense and may be charged accordingly. In the event that two (2) or more violations are consolidated for trial, a person or enterprise convicted of two (2) or more offenses may be fined separately for each, up to the maximum permissible under paragraph (1) above. The mandatory amounts required by paragraph (1) above, however, shall be no more than twice the mandatory minimum in the aggregate.

(3)

The police department has the exclusive authority to enforce the provisions of this section.

(Code 1972, §§ 9-501—9-508; Ord. No. 1919, § 1, 10-20-86; Ord. No. 1936, §§ 1—3, 5-4-87; Ord. No. 2481, § 1, 11-16-92)

Editor's note

Ordinance No. 1936, adopted May 4, 1987, did not specifically amend this Code; hence, inclusion of §§ 1 and 2 as amending § 19-16(c) and (e)(2), and § 3 as adding § 19-16(i) was at the editor's discretion. Former (i) of § 19-16 was redesignated as (j) in order to allow for the inclusion of the new subsection (i).