| The United States Surgeon General has determined that involuntary inhalation of tobacco | smoke is: | |||||
| (a) | a cause of numerous diseases in healthy | non-smokers; | ||||
| (b) | is a major contributor to indoor air | pollution; and | ||||
| (c) | that children, elderly people, and | individuals with cardiovascular and/or | respiratory disease are at special risk. |
| (1) | to protect the public health and welfare by prohibiting smoking in enclosed public | places except in designated smoking areas, and by regulating smoking in places of | employment; and | |||
| (2) | recognize that where the need to breathe smoke-free air conflicts with the desire to | smoke, the need to breathe smoke-free air shall have priority. |
| A. | Smoking shall be prohibited in all enclosed public places within Clay County, including but | not limited to the following places. | |||
| (1) | Grocery stores. | ||||
| (2) | Elevators. | ||||
| (3) | Rest rooms. | ||||
| (4) | All means of public transit, including | ticket, boarding, and waiting areas. | |||
| (5) | Retail stores, except areas in said stores | not open to the public and all areas within | retail tobacco stores. | ||
| (6) | All waiting areas and lobbies in all | businesses and non-profit entities. | |||
| (7) | Restaurants, except that they may | designate a contiguous area up to fifty percent | |||
| (50%) of the seating capacity of the restaurant as a | smoking area. | ||||
| (8) | Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, | including joint committees, or any political sub-division of the State during such time as a public meeting is in progress. | |||
| (9) | All patient rooms, waiting rooms and other public areas in health facilities, | including but not limited to facilities, doctors offices and dentists offices. | |||
| (10) | Enclosed shopping malls, unless the majority vote by the Merchants Association can agree to designated smoking areas within the common areas. These designated areas shall contain not more than 50% of the seating within the common area and 30% of the seating in the food court area. |
| A. | It shall be the responsibility of employers to provide smoke-free areas for non-smoking | employees within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or any other physical modifications in providing these areas. |
| C. | Each employer shall adopt, implement, make known and maintain a smoking policy which recognizes that where the need to breath smoke-free air conflicts with the desire to smoke, the need to breathe smoke-free air shall have priority. The policy shall include at a | minimum the following requirements. |
| 1. | Any employee in a place of employment shall have the right to designate his or her work areas as a non-smoking area and to post the same with appropriate signs. | |
| 2. | In any dispute arising under the smoking policy, the health concerns of the non-smoker shall be given precedence. |
| E. | Notwithstanding any other provision of this section, every employer shall have the right to | designate any place of employment, or any portion thereof, as a non-smoking area. |