Vanderburgh County, IN Smoke Free Ordinance

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Vanderburgh County, IN, US

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Type: Ordinance

Status: Updated 1n 2006 (various dates)

Source File: http://www.vanderburghgov.org/docs/chapter_8.24_smoke_free_ordinance.pdf

Text:

Chapter 8.24
SMOKING PROHIBITED IN WORK PLACES AND IN PUBLIC PLACES

Section 8.24.010 Definitions
The following words and phrases, wherever used in this Chapter, shall be construed as defined herein:

“Business(es)” shall mean all sole proprietorships, partnerships, joint ventures, corporations, and other business entities, either for-profit or not-for-profit, including, but not limited to, retail establishments where goods or services are provided to the public, and other entities where accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered.

“County” shall mean Vanderburgh County, Indiana.

“Employee(s)” shall mean all persons who are employed by an Employer in consideration for direct or indirect monetary wages or profit, and all persons who volunteer their services.

“Employer(s)” shall mean all persons, businesses, companies, partnerships, associations, municipal corporations, trusts, and not-for-profit entities that employ the services of one or more Employees.

“Employee Location(s)” shall mean all Enclosed Areas under the control of public or private Employers that Employees normally frequent during the course of their employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, cafeterias, hallways, and vehicles.

“Enclosed Area(s)” shall mean all spaces closed in by roofs, ceilings, or other overhead coverings of any material, as well as by walls or other side coverings of any material on at least two (2) sides of same, with appropriate openings for ingress and egress.

“Health Care Facility(ies)” shall mean all offices and institutions providing care for or treatment of diseases, whether physical, mental, or emotional, or other medical, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions, as well as all waiting rooms, hallways, private rooms, semi-private rooms, and wards within same.

“Public Place(s)” shall mean all Enclosed Areas, whether owned publicly or privately, to which the public is invited or in which the public is permitted.

“Retail Tobacco Store(s)” shall mean all retail stores that are not tobacco departments of larger commercial establishments (i.e., grocery stores, department stores, and discount stores) that:

(1) Are utilized primarily for the sale of tobacco and/or tobacco-related products including, but not limited to, cigarettes, cigars, tobacco, pipes, cigarette paper, and lighters; and

(2) Are not licensed for the consumption of meals or alcoholic beverages on the premises nor operated in conjunction with another Business that is licensed for the on-premises consumption of meals or alcoholic beverages; and

(3) Are a retail store in which the sale of tobacco and tobacco-related products accounts for 66% or more of the store’s gross sales.

“Service Line” shall mean any indoor line at which one (1) or more persons are waiting for or receiving services of any kind.

“Shopping Mall(s)” shall mean all enclosed public walkways or hall areas that serve to connect retail or professional establishments.

“Smoking” shall mean the carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking item or equipment containing tobacco or any other herbaceous material, or the inhalation or exhalation of smoke from the same, but does not include incense or the burning of incense.

“Sports Arena(s)” shall mean all sports pavilions, stadiums, athletic fields, gymnasiums, health spas, swimming pools, roller or ice rinks, bowling alleys, and other similar places where members of the public assemble to engage in physical exercise or recreation, participate in athletic competition, or witness sports or other events.

Section 8.24.020 Smoking in Public Places and Employee Locations Prohibited

(A) Except as provided in Section 8.24.030 below, Smoking is prohibited in all Public Places within the County, including, but not limited to, the following:
(1) Elevators;
(2) Health Care Facilities;
(3) Laundromats;
(4) Licensed child care and adult care facilities;
(5) Lobbies, hallways, and all other common areas of apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(6) Buildings containing Polling places;
(7) Public transportation facilities, including buses and taxicabs, and ticket boarding and waiting areas in public transit depots;
(8) Restrooms, lobbies, reception areas, hallways, and other common use areas;
(9) Service lines;
(10) Shopping Malls;
(11) Sports Arenas;
(12) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public.

(B) Smoking is prohibited in all Employee Locations within the County. This Smoking prohibition shall be communicated by Employers to all existing Employees on or before the effective date of this Ordinance, and to all prospective Employees upon their application for employment.

(C) Smoking is also prohibited within ten (10) feet outside any Enclosed Area where Smoking is prohibited to ensure that tobacco smoke does not enter any such Enclosed Area through entrances, windows, ventilation systems, or any other means.

Section 8.24.030 Exemptions

(A) The following establishments, areas and locations shall be exempt from the Smoking prohibitions set forth in Section 8.24.020 above, provided that no smoke from Smoking activities conducted therein or thereon enters any area or location in which Smoking is otherwise prohibited by said Section, to-wit:

(1) Private residences, except when used as licensed child care or adult day care facilities or as Health Care Facilities.
(2) Any vehicle used by an Employee while in the service of an Employer when the vehicle is occupied only by that Employee.
(3) Private vehicles when not being used in the service of an Employer.
(4) Hotel and motel rooms that are rented to guests and are designated as “smoking rooms,” provided that the following shall be the maximum number of the rooms that can be rented to guests in any hotel or motel that are designated as “smoking rooms,” which maximum shall be forty percent (40%) of all rentable rooms as of January 2, 2007, thirty percent (30%) of all rentable rooms as of January 2, 2008, and twenty percent (20%) of all rentable rooms on and after January 2, 2009.
(5) Retail Tobacco Stores.
(6) Private and semi-private rooms in nursing homes and long-term Health Care Facilities that are occupied by one (1) or more persons, all of whom have requested in writing to be placed in a room where Smoking is permitted.

(7) Any bar or tavern that:
(a) Holds a beer, liquor and/or wine retailer’s permit under the laws of Indiana; and
(b) During all hours of operation, allows no customer to enter therein who is under the age of eighteen (18) or limits access by any customer who is under the age of eighteen (18) to a separate area or areas “Under Age Eighteen (18) Area(s)” that is/are physically separated from the remaining area of any such bar or tavern by a solid floor to ceiling wall accessed from such remaining area only by a doorway or arch that does not exceed sixty (60) inches in width; and
(c) Employs no person therein who is under the age of eighteen (18). Provided that no Smoking shall be permitted in any Under Age Eighteen (18) Area(s). It is further provided that this exemption [8.24.03(A)(7)] shall lapse and be of no further effect on and after January 2, 2009.

(8) Any Business or club that:
(a) Is exempt from federal income taxation under 26U.S.C.50l( c); and
(b) Is a “club” as that term is defined in I.C. 7.1-3-20-1, or a “fraternal club” as that term is defined by I.C. 7.1-3-20-7; and
(c) Holds a beer, liquor and/or wine retailer’s permit under the laws of Indiana; and
(d) Provides food or alcoholic beverages only to its bonafide members and their guests; and
(e) During all hours of operation, allows no member or guest of a member to enter therein who is under the age of eighteen (18) or limits access by any member or guest of a member who is under the age of eighteen (18) to a separate area or areas “Under Age Eighteen (18) Area(s)” that is/are physically separated from the remaining area of any such Business or club by a solid floor to ceiling wall accessed from such remaining area only by a doorway or arch that does not exceed sixty (60) inches in width; and
(f) Employs no person therein who is under the age of eighteen (18). Provided that no Smoking shall be permitted in any Under Age Eighteen (18) Area(s). It is further provided that this exemption [8.24.03(A)(8)] shall lapse and be of no further effect on and after January 2, 2009.

(9) Any area within a Business which contains a garage or automotive sales or service area, and which contains overhead doors and is authorized or equipped for the handling of exhaust from motor vehicles.

(B) Any Business or club claiming an exemption pursuant to this Section shall provide to any County official, within two (2) business days from the date of demand, adequate written proof showing that it qualifies for the exemption claimed. Such written proof shall be certified under the penalties for perjury by an authorized representative of the Business or club.

(C) All ashtrays and other Smoking paraphernalia shall be removed from all Public Places and Employee Locations where Smoking is prohibited by the owner, operator, manager or other persons having control of same.

(Refer to source file for the rest of the ordinance.)

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