A. No Person, Landlord, Employer, or Non-Profit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or actual control of the Person, Landlord, Employer or Non-Profit entity and in which Smoking is prohibited by law, including, without limitation, within 20 feet in any direction from any area in which Smoking is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of Smoking in violation of any provision of this Chapter.

B. No Person shall dispose of used Smoking, Tobacco Product, or other Smoking product waste within the boundaries of any area within City limits, except in a designated waste receptacle. A Person, Landlord, Employer, or Non-Profit Entity that has legal or actual control of an area in which Smoking is prohibited by this Chapter shall post a clear, conspicuous and unambiguous No Smoking Sign or “smoke-free” sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less than one inch in height and shall include the international “No smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs posted on the exterior of buildings to comply with this section shall include the prohibition on smoking within 20 feet of the entrance to the building. At least one sign with a phone number where complaints can be directed must be conspicuously posted in each place in which Smoking is prohibited. For purposes of this Section, the City Manager or his or her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City. Notwithstanding this Section, the presence or absence of signs shall not be a defense to a charge of Smoking in violation of any other provision of this Chapter.

C. No Person, Landlord, Employer, or Non-Profit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this Chapter. Moreover, no person shall intentionally or recklessly expose another person to Smoke in response to that person’s effort to achieve compliance with this Chapter.

D. Notwithstanding any other provisions of this section, nothing in this chapter prohibits any Person, Landlord, Employer, or Non-Profit Entity with legal control over any property or facility from declaring the entire property or facility as nonsmoking and prohibiting Smoking on any part of such property or facility, even if Smoking is not otherwise prohibited in that area.

E. Each instance of Smoking in violation of this Chapter shall constitute a separate and continuing violation. For violations other than for Smoking, each day of a continuing violation of this Chapter shall constitute a separate and continuing violation. (Ord. 2016-6 § 3, 2016.)