§ 28-4. Prohibition of smoking and tobacco product use in enclosed areas.

(a)

Smoking and the use of tobacco products are prohibited in the enclosed areas of the following places within the town:

(1)

Public places; and

(2)

Multi-unit residences and common areas; and

(3)

Dining areas; and

(4)

Service areas.

(b)

Smoking and the use of tobacco products are prohibited in all other enclosed areas except as provided below:

(1)

Inside private vehicles when no minors are present;

(2)

Inside private single-family dwellings, except when used as a child care facility or a health care facility;

(3)

Inside detached accessory structures appurtenant to private single-family dwellings, including accessory dwelling units;

(4)

Inside private detached two-family dwellings and detached accessory structures appurtenant thereto;

(5)

Inside retail tobacco stores, only if:

(A)

The retail tobacco store does not sell edible products, including, for example, food, water, or drinks, and does not allow such products to be consumed on the premises; and

(B)

The retail tobacco store prohibits minors from entering the store at all times.

(6)

Inside an enclosed place of employment that employs only the owner and no other employees or any other independent contractors routinely spending time performing work in the enclosed areas, provided that:

(A)

The place of employment is not a public place, and

(B)

The enclosed area containing the place of employment does not share a ventilation system with any other enclosed place of employment or public place.

(Ord. No. 531 N.S., § 3, 7-20-2011; Ord. No. 579 N.S. , § 2(A), (O), 7-18-2018)