§ 8-8-8. Smoking prohibited in certain public areas.

(a)

A person commits an offense in violation of this chapter by smoking in any public area in any of the following places in the City, and an offense is punishable by fine not to exceed $500.00.

(1)

A public or private preschool, primary or secondary school;

(2)

Elevators, museums, libraries, galleries, public transportation conveyances and facilities;

(3)

Any building which is used for or designated for the purpose of exhibiting any motion picture, stage drama, lecture, musical recital, athletic event or any other such event whenever open to the public;

(4)

Any retail or service establishment serving the general public, including, but not limited to, any food products establishment, commercial indoor amusement, department store, bowling center, bar, night club, tavern, lounge, sexually oriented business, billiard hall, laundromat, bank, drug store, shopping mall, hair, nail or tanning salon or tattoo parlor;

(5)

Within all areas available to and customarily used by the general public in all buildings of governmental subdivisions of the state located in the City, not the state or federal government, nonprofit entities patronized by the public, and private institutions of education;

(6)

Within any public area of a health care facility or hospital, including, but not limited to, clinics, physical therapy facilities, nursing and convalescent homes, residential treatment centers/homes and doctors' and dentists' facilities; or

(7)

Within any common area in subsections (1) through (6).

(b)

Notwithstanding any other provision of this chapter to the contrary, smoking is not prohibited in the following areas:

(1)

Private residences, except when used as a licensed child care facility, health care facility, group care home, community home or other commercial use;

(2)

Hotel and motel rooms rented to guests;

(3)

Retail tobacco stores;

(4)

Any area exterior to the building in which the establishment or facility is located;

(5)

Any enclosed rooms in an establishment which are being used entirely for private parties, events or other social functions or by a private club;

(6)

Enclosed areas of an employer that are not available to the general public;

(7)

Any designated smoking area that meets the requirements specified herein; or

(8)

General and administrative offices, professional, educational, or governmental offices primarily used by employees, and not the public.

(9)

Premises on which bingo is conducted by a licensed authorized organization and the premises must be owned or leased by a licensed commercial lessor, as authorized by Chapter 2001 of the Texas Occupations Code, as amended.

(c)

Each of the following circumstances shall be a defense to prosecution under this section:

(1)

The public place in which the offense takes place does not have prominently displayed a reasonably sized sign that smoking is prohibited by law and that an offense is punishable by a fine not to exceed $500.00, or as authorized by law;

(2)

In a facility listed in subsection (a)(6), all patients within the room are smokers and such smoking is ordered on the health care facility's admission form by an attending physician, in keeping with the guidelines established by the facility. Separate ventilation exhaust may be required by the building official to accommodate such orders;

(3)

The smoking occurred in any public transportation conveyance or public place set out in this section that are not equipped with facilities for extinguishment of smoking materials;

(4)

The person who is smoking does so exclusively within an area designated for smoking tobacco; or

(5)

As a participant in an authorized theatrical performance.

(Ord. No. 8309, § 1, 4-26-05)