§ 28-5. Prohibition of smoking and tobacco product use in unenclosed areas; exception for designated smoking areas.

(a)

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

(1)

Recreational areas;

(2)

Service areas;

(3)

Public places, including streets and sidewalks open to the public;

(4)

Dining areas;

(5)

Bars;

(6)

Common areas of multi-unit residences.

(b)

Notwithstanding subsection (a) above, multi-unit residences, places of employment, town-owned or controlled public places, and public events may designate an unenclosed area where smoking or use of tobacco products is permitted if the area meets all of the following criteria:

(1)

The area is located a reasonable distance, as defined in this chapter, from any unit or enclosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the premises. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on nearby premises are established;

(2)

The area does not include, and is at least one hundred feet from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, swimming pools, and school campuses;

(3)

The area includes no more than twenty-five percent of the total unenclosed area of a multi-unit residence if located within the premises of a multi-unit residence;

(4)

The area has a clearly marked perimeter;

(5)

The area is identified by conspicuous signs;

(6)

The area is completely within an unenclosed area; and

(7)

The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this Code, state law, or federal law.

(c)

Nothing in this section prohibits any person or nonprofit entity with legal control over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use of tobacco products is not otherwise prohibited in that area.

(Ord. No. 531 N.S., § 3, 7-20-2011; Ord. No. 571, § 2(J), (K), 5-17-2017; Ord. No. 579 N.S. , § 2(A), (P), 7-18-2018)