05-12-14 Council Agenda & Packet

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Smokefree Air Ordinance of 2014 Page 11 In outdoor common areas of apartment buildings, condominiums, trailer narks, retirement facilities, nursing homes, and other multiple -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 feet (8') outside entrances,_ operable windows, and ventilation systems of enclosed areas where smoking is prohibited. See. 44-74. Sec. 14-70. Where Smoking Not Reeulated. Notwithstanding any other provision of this Article to the contrary, smoking shall not be prohibited in private residences, unless used as a childcare, adult day care, or health care facility; and in retail tobacco stores. S°.44 -7z Sec. 14 -71. Declaration of Establishment or Outdoor Area 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 area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 1012(A) is posted. 4 7J. Sec. 14 -72. Posting of Signs and Removal of Asbtrays? � The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Article shall: (a) Clearly and conspicuously post "No Smoking" signs or the intemational "No Smoking" symbol (consisting of a pictorial representation of a buming cigarette enclosed in a red circle with a red bar across it) in that place, printed on a minimum size of 8" x 10 ". (b) Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. 'This section replaces current section 14 -62 entitled "Sienaee Required" of the South Bend Municipal Code.