06-11-12 Council Agenda & Packet

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PROPOSED ORDINANCE NUMBER: t. Shopping malls. u. Sports arenas, including enclosed places and outdoor areas. v. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances. w. Tobacco Specialty Bars. SECTION III. PROHIBITION OF SMOKING IN ENCLOSED PLACES OF EMPLOYMENT a. Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities. b. The prohibition on smoking shall be communicated to all existing employees by the effective date of this Ordinance and to all prospective employees upon their application for employment. SECTION IV. APPLICABILITY TO CITY FACILITIES All facilities and vehicles owned, leased or operated by the City of South Bend, Indiana, as well as outdoor property adjacent to such buildings and under the control of the City of South Bend, Indiana, shall be subject to the provisions of this Ordinance. SECTION V. REASONABLE DISTANCE Smoking shall be prohibited outdoors within a reasonable distance from an enclosed area where smoking is prohibited by this Ordinance, but in no event .closer than eight (8) feet,'so as to insure that tobacco smoke does not enter into establishments designated as smoke free under this Ordinance through entrances, windows, ventilation intakes or other means. SECTION VI. EXEMPTIONS Notwithstanding the smoking prohibitions in Section II, smoking will be permitted in the following locations: 1. Retail Tobacco Stores. 2. Private residences, except when used as a licensed childcare, adult day care, or health care facility. 3. Any business that as of June 6, 2012: 06/06/2012 10 of 15 9:16 AM