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Clean Air_Air Pollution Control_Ordinance No. 10429-16
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Clean Air_Air Pollution Control_Ordinance No. 10429-16
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Sec. 14-126. Reasonable Distance.7 <br /> <br />Smoking shall be prohibited outdoors within a reasonable distance of fifteen feet (15’) feet outside <br />entrances, open windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to <br />prevent tobacco smoke from entering those areas. <br /> <br />Sec. 14-127. Exemptions. <br /> <br />Notwithstanding the smoking prohibitions in Section 14-124, smoking is permitted in the following <br />locations: <br /> <br />(a) Private residences, unless used as a licensed childcare, adult day care or health care facility. <br /> <br />(b) None of the areas set forth in this Section shall be exempt from the provisions of this Article <br />if smoke from any area enters, either directly or indirectly, through entrances, windows, <br />ventilation systems, or other means, where smoking is otherwise prohibited by this Article. <br /> <br />Sec. 14-128. Prohibition of Smoking in Outdoor Public Places. <br /> <br />Smoking shall be prohibited in the following outdoor places: <br /> <br />(a) Outdoor seating areas of restaurants, bars, private clubs, and businesses except those seating <br />areas restricted to individuals over the age of 18 years of age; <br /> <br />(b) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and <br />within fifteen feet (15’) of bleachers and grandstands for use by spectators at sporting and other <br />public events; <br /> <br />(c) Within fifteen feet (15’) of all outdoor playgrounds; <br /> <br />(d) Within fifteen feet (15’) of all outdoor public transportation stations, platforms, and shelters <br />under the authority of the City of South Bend, Indiana; and <br /> <br />(e) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement <br />facilities, nursing homes, and other multi-unit residential facilities, except in designated <br />smoking areas, not to exceed twenty-five percent (25%) of the total outdoor common area, <br />which must be located at least fifteen feet (15’) outside entrances, operable windows, and <br />ventilation systems of enclosed areas where smoking is prohibited. <br /> <br /> <br />Smoke Free Air Ordinance <br />Page 11 <br /> <br /> <br />7 Indiana Code § 7.1-5-12-4 sets forth a eight foot (8’) distance requirement from a public entrance to a public place or place <br />of employment.
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