§ 42-268. Prohibition of smoking in public places and the use of electronic cigarettes in government buildings.

(a)

Smoking is prohibited in all public places and places of employment within the town except in the following places:

(1)

Private residences, except when used as a licensed child care, adult day care, or health care facility.

(2)

Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 50 percent of rooms rented to guests in a hotel or motel are so designated.

(3)

Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited under the provisions of this section.

(4)

Veterans and fraternal clubs when they are not open to the general public.

(5)

Smoking when associated with a religious ceremony practiced pursuant to the American Indian Religious Freedom Act of 1978.

(6)

Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means.

(7)

A theatrical performance upon a stage or in the course of a film or television production if the smoking is part of the performance or production.

(b)

The use of electronic cigarettes is prohibited in government buildings.

(c)

Notwithstanding any other provision of this section, any owner, operator, manager or other person or entity who controls any establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking or non-electronic cigarette use establishment.

(Ord. No. 2508, § I, 10-30-14)

Editor's note

Ord. No. 2508, § I, adopted Oct. 30, 2014, repealed the former § 42-268, and enacted a new section as set out herein. The former § 42-268 pertained to prohibition of smoking in public places and derived from Ord. No. 1927, § I, adopted April 3, 2007.