ORDINANCE NO.

1216- 2014 AN ORDINANCE RELATING TO THE PROHIBITION OF SMOKING IN INDOOR PUBLIC PLACES AND WORKPLACES PROHIBITING THE USE OF ELECTRONIC SMOKING DEVICES IN CITY OWNED FACILITIES, PROVIDING DEFINITIONS, PROVIDING CERTAIN E EMPTIONS, ESTABLISHING POSTING RE!UIREMENTS, AND PROVIDING FOR PENALTIES AND ENFORCEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAHLE!UAH, OKLAHOMA, THAT THE PROVISIONS OF THIS ORDINANCE SHALL AMEND AND BE MADE A PART OF CHAPTER 4, OFFENSES AGAINST THE HEALTH, WELFARE AND MORALS, OF PART 10, OFFENSES AND CRIMES, OF THE CODE OF ORDINANCES OF THE CITY OF TAHLE!UAH, OKLAHOMA, AND THE SECTIONS OF THIS ORDINANCE MAY BE RE-NUMBERED TO ACCOMPLISH THIS INTENTION. SECTION 10-426.1" DEFINITIONS A. It is the intent of the city council of the City of Tahlequah to provide through this ordinance and, consistent with the provisions of 21 Oklaho a !tatutes section 12"#, and as e$pressed hereafter in this section through section 1%& "'1 of this chapter, to protect the pu(lic health and welfare (y #$%&'(')'*+ s oking ,*- )&. /0. %1 .2.3)$%*'3 04%5'*+ -.6'3.0 '* #/(2'3 #2,3.0, '*-%%$ 7%$5#2,3.0, %/)-%%$ ,$.,0 ,*- $.3$.,)'%*,2 ,$.,0. *or the purposes of the sections stated in su(section A of this section, the following ter s and phrases shall have the eanings ascri(ed to the in this section, e$cept where the conte$t clearly indicates a different eaning+ ,1ELECTRONIC SMOKING DEVICE eans any electronic and.or (attery&operated device, the use of which ay rese (le s oking that can (e used to deliver an inhaled dose of nicotine or other su(stances. /lectronic s oking device includes any such device, whether anufactured, distri(uted, arketed or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product na e or descriptor0 I12OO3 4O3567AC/ eans any indoor place of e ploy ent or e ploy ent&type service for or at the request of another individual or individuals, or any pu(lic or private entity, whether part&ti e or full&ti e and whether for co pensation or not. !uch services shall include, without li itation, any service perfor ed (y an owner, e ployee, independent contractor, agent, partner, proprietor, anager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, e ployee lounges, restroo s,

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conference roo s, classroo s, e ployee cafeterias, hallways, any other spaces used or visited (y e ployees, and all space (etween a floor and ceiling that is predo inantly or totally enclosed (y walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given ti e, whether or not work is (eing perfor ed0 O8T2OO3 A3/A eans any covered area, partially covered area or area open to the sky that is on a property owned (y the city0 68)7IC 67AC/ eans any enclosed indoor area where individuals other than e ployees are invited or per itted0 the ter is synony ous with the phrase any indoor place used (y or open to the pu(lic0 3/C3/ATIO1A7 A3/A eans any area that is owned, controlled or used (y the City of Tahlequah and open to the general pu(lic for recreational purposes, regardless of any fee or age require ent. The ter :3ecreational Area; includes (ut is not li ited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, (ike paths, riding trails, swi ing pools, roller& and ice& skating rinks, (eaches surrounding lakes and skate(oard parks0 3/!TA83A1T eans any eating esta(lish ent regardless of seating capacity0 !=O5I1> eans the carrying (y a person of a lighted cigar, cigarette, pipe or other lighted s oking device0 and !TA12&A7O1/ )A3, !TA12&A7O1/ TA?/31, A12 CI>A3 )A3 ean an esta(lish ent that derives ore than si$ty percent ,<%@- of its gross receipts, su(Aect to verification (y co petent authority, fro the sale of alcoholic (everages and low&point (eer and no person under twenty&one ,21- years of age is ad itted, e$cept for e (ers of a usical (and e ployed or hired as provided in paragraph 2 of su(section ) of !ection 9'# of Title '# of the Oklaho a !tatutes and that is not located within, and does not share any co on entryway or co on indoor area with, any other enclosed indoor workplace, including a restaurant. TOBACCO PRODUCT eans any su(stance containing to(acco leaf, including (ut not li ited to cigarettes, cigars, pipe to(acco, hookah to(acco, snuff, chewing to(acco, dipping to(acco, snus, (idis, or any other preparation of to(acco0 ,*- ,*8 #$%-/3) %$ 1%$4/2,)'%* %1 4,)).$ 3%*),'*'*+ ('%2%+'3,228 ,3)'6. ,4%/*)0 %1 *'3%)'*. that is anufactured, sold, offered for sale, or otherwise distri(uted with the e$pectation that the product or atter will (e introduced into the hu an (ody. BTo(acco 6roductC does not include any cessation product specifically approved (y the 8nited !tates *ood and 2rug Ad inistration for use in treating nicotine or to(acco dependence.

SECTION 10-426.2" PROHIBITION OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES IN CERTAIN PLACES PROHIBITED. A. The possession of lighted to(acco in any for is a pu(lic nuisance and dangerous to pu(lic health and is here(y prohi(ited when such possession is in any indoor place used (y or open to the pu(lic, pu(lic transportation, or any indoor workplace, e$cept where specifically allowed (y law. A22 (/'2-'*+0, %$ #%$)'%*0 )&.$.%1, %7*.- %$ %#.$,).- (8 )&'0 C')8 0&,22 (. .*)'$.28 )%(,33% 1$.. )% '*32/-. ,22 1%$40 %1 )%(,33% #$%-/3)0 '*32/-'*+ .2.3)$%*'3 04%5'*+ -.6'3.0. All indoor and outdoor recreational areas owned or operated (y this city, shall (e entirely to(acco free to include all for s of to(acco products '*32/-'*+ .2.3)$%*'3 04%5'*+ -.6'3.0. Any person who knowingly violates this section is guilty of a isde eanor and upon conviction thereof, shall (e punished in accordance with the penalty provisions of section 1%&"2<.< of this chapter.

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SECTION 10-426.9" E EMPTIONS A. The restrictions provided in !ection 1%&"2<.2 shall not apply to the following+ ,1,2,',"!tand&alone (ars, stand&alone taverns and cigar (ars0 The roo or roo s where licensed charita(le (ingo ga es are (eing operated, (ut only during the hours of operation of such ga es0 8p to twenty&five percent ,29@- of the guest roo s at a hotel or other lodging esta(lish ent0 3etail to(acco stores predo inantly engaged in the sale of to(acco products and accessories and in which the sale of other products is erely incidental and in which no food or (everage is sold or served for consu ption on the pre ises0 4orkplaces where only the owner or operator of the workplace, or the i ediate fa ily of the owner or operator, perfor s any work in the workplace, and the workplace has only incidental pu(lic access. DIncidental pu(lic accessD eans that a place of (usiness has only an occasional person, who is not an e ployee, present at the (usiness to transact (usiness or ake a delivery. It does not include (usinesses that depend on walk&in custo ers for any part of their (usiness0 4orkplaces occupied e$clusively (y one or ore s okers, if the workplace has only incidental pu(lic access0 6rivate offices occupied e$clusively (y one or ore s okers0

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6rivate residences and workplaces within private residences, e$cept that s oking shall not (e allowed inside any private residence that is used as a licensed child care facility during hours of operation0 ,F- =edical research or treat ent centers, if s oking is integral to the research or treat ent0 ,1%- A facility operated (y a post or organiGation of past or present e (ers of the Ar ed *orces of the 8nited !tates which is e$e pt fro ta$ation pursuant to !ections 9%1 ,c-,E-, 9%1 ,c-,1%- or 9%1 ,c-,1F- of the Internal 3evenue Code, 2< 8.!.C., !ections 9%1 ,c-,E-, 9%1 ,c-,1%- or 9%1 ,c-,1F-, when such facility is utiliGed e$clusively (y its e (ers and their fa ilies and for the conduct of post or organiGation nonprofit operations e$cept during an event or activity which is open to the pu(lic0 and ,11- Any outdoor seating area of a restaurant0 provided, s oking shall not (e allowed within 19 feet of any e$terior pu(lic doorway or any air intake of a restaurant. 10-426.4" DESIGNATED SMOKING ROOMS AND AREAS A. An e ployer not otherwise restricted fro doing so ay elect to provide s oking roo s where no work is perfor ed e$cept for cleaning and aintenance during the ti e the roo is not in use for s oking, provided each s oking roo is fully enclosed and e$hausted directly to the outside in such a anner that no s oke can drift or circulate into a nons oking area. 1o e$haust fro a s oking roo shall (e located within 19 feet of any entrance, e$it or air intake. If s oking is to (e per itted in any space e$e pted in !ection 1%&"2<.' of this Chapter or in a s oking roo pursuant to !u(section ,a- of this section, such s oking space ust either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nons oking areas, the s oking space shall (e fully enclosed, e$hausted directly to the outside with no air fro the s oking space circulated to any nons oking area, and under negative air pressure so that no s oke can drift or circulate into a nons oking area when a door to an adAacent nons oking area is opened. Air fro a s oking roo shall not (e e$hausted within 19 feet of any entrance, e$it or air intake. Any e ployer ay choose a ore restrictive s oking policy, including (eing totally s oke free. A nursing facility licensed pursuant to the 1ursing Ho e Care Act ay designate s oking roo s for residents and their guests. !uch roo s shall (e fully enclosed, directly e$hausted to the outside, and shall (e under negative air pressure so that no s oke can escape when a door is opened and no air is recirculated to nons oking areas of the (uilding.

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1otwithstanding any other provision of this Chapter, restaurants shall (e totally nons oking or ay provide nons oking areas and designated s oking roo s. *ood and (everage ay (e served in such designated s oking roo s which shall (e in a location which is fully enclosed, directly e$hausted to the outside, under negative air pressure so s oke cannot escape when a door is opened, and no air is recirculated to nons oking areas of the (uilding. 1o e$haust fro such roo shall (e located within 29 feet of any entrance, e$it or air intake. !uch roo shall (e su(Aect to verification for co pliance with the provisions of this su(section (y the !tate 2epart ent of Health.

10-426.:" POSTING" The person who owns or operates a place where s oking or to(acco use is prohi(ited (y law shall (e responsi(le for posting a sign or decal, at least four inches (y two inches in siGe, at each entrance to the (uilding indicating that the place is s oke&free or to(acco&free. A. 3esponsi(ility for posting signs or decals shall (e as follows+ ,1,2,'In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall (e responsi(le0 In corporately owned facilities, the anager and.or supervisor of the facility involved shall (e responsi(le0 and In pu(licly owned facilities, the anager and.or supervisor of the facility shall (e responsi(le.

10-426.6" VIOLATION AND PENALTY Any person who knowingly violates this article is guilty of a isde eanor, and upon conviction thereof, shall (e punished (y a fine of not less than I1%.%% nor ore than one hundred dollars ,I1%%.%%-. 10-426.;" ENFORCEMENT A. The !tate or local govern ental agency or the person who owns or operates a pu(lic place shall, at a ini u , do the following in order to prevent s oking in pu(lic places+ ,16ost signs at entrances to places where s oking is prohi(ited which state that to(acco use is prohi(ited or that the indoor environ ent is free of to(acco s oke0 and

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Ask to(acco users to refrain fro using any for of to(acco products including electronic s oking devices upon o(servation of anyone violating the provisions of this act.