07-23-12 Council Agenda & Packet

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Clean Air Standards for Workplaces and Public Places Ordinance Page 12-Substitute Bill No. 24-12 (e) In, and within eight (8) feet of, all outdoor playgrounds. (f) In, and within eight (8) feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana. (g) In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, parking lot attendants, and toll takers. In lines in which persons in vehicles obtain service, both pedestrians and persons in vehicles, but only within eight (8) feet of the point of service prohibit smoking. (h) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi-unit residential facilities, except in designated smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, which must be located at least eight (8) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. See. 13-76.8 Additional Requirements. (a) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this Article by the owner, operator, manager, or other person having control of the area. (b) An owner, operator, manager, or official in charge of a public place or place of employment shall post conspicuous signs at each entrance that read "The City of South Bend Prohibits Smoking Within 8 Feet of This Entrance". (c) Any establishment exempted from Section VI shall clearly and conspicuously post the following sign at every entrance: "Warning: This Is A Smoking Establishment". Sec. 13-76.9 Declaration of Establishment as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor areas are a nonsmoking place. See. 13-76.10 Enforcement. (a) The South Bend Department of Code Enforcement shall enforce this Article. (b) An owner, manager, operator, or employee of an establishment regulated by this Article, shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to refrain from smoking.