Bill 11-16 Smoke Free Air Standards

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Smoke Free Air Ordinance Page 11 within fifteen feet (15') of bleachers and grandstands for use by spectators at sporting and other public events; (c) Within fifteen feet (15') of all outdoor playgrounds; (d) Within fifteen feet (15') of all outdoor public transportation stations, platforms, and shelters under the authority of the City of South Bend, Indiana; and (e) 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 fifteen feet (15') outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited. Sec. 14 -129. Removal of Smoking Paraphernalia and Signage Requirements. . (a) All ashtrays 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, except vehicles, shall post conspicuous signs at each outdoor entrance that read "The City of South Bend Prohibits Smoking Within 15 Feet of this Entrance ". Sec. 14 -130. 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 the entire establishment, facility, or outdoor areas are a smoke free place. Sec. 14 -131. Non - Retaliation and Non - Waiver of Rights.8 (a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple -unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 14 -133, violation of this subsection shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. (b) An employee who works in an outdoor area restricted to individuals over the age of 18 years of age where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. 'Indiana Code § 7.1- 5 -12 -11 addresses retaliation.