§ 16-242. Prohibited in certain public areas.

(a)

A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas:

(1)

An elevator used by the public;

(2)

Any enclosed theater, movie house, or museum;

(3)

An area marked with a no smoking sign in accordance with subsection (b) of this section by the owner or person in control of a hospital, nursing home, or any other retail or service establishment serving the general public;

(4)

During a public meeting in a public meeting room of a publicly owned governmental building to which the provisions of this article legally apply; or

(5)

An area in a publicly owned governmental building (to which the provisions of this article legally apply) where the general public must conduct business.

(b)

Smoking regulations are accomplished by one of the following:

(1)

The owner or person in control of an establishment or area defined in section 16-241 shall post a conspicuous sign at the main entrance to the establishment or area which shall contain language clearly prohibiting smoking in such establishment or area.

(2)

The owner or person in control of an establishment or area defined in section 16-241 may, at his discretion, post a conspicuous sign prohibiting smoking either in specific areas or in the entire building housing the establishment. If the sign is to prohibit smoking in a particular area, the sign shall be posted at the entrance or beginning of the nonsmoking area. If the sign is to prohibit smoking in the entire building, the sign shall be posted at the entrance to the building.

(3)

All signs regulating or prohibiting smoking shall contain the words "NO SMOKING, City of Rockwall Ordinance," the universal symbol for no smoking, or other language clearly prohibiting smoking.

(c)

It is a defense to prosecution under this section if the person was smoking in a location that was:

(1)

A designated smoking area of a facility or establishment described in subsection (a)(2), (4), or (5) of this section which is posted as a smoking area with appropriate signs; provided that the designated smoking area may not include:

a.

The entire establishment (in the case of establishments and areas defined in subsection (a)(2) of this section only);

b.

Cashier areas or over-the-counter sales areas;

c.

The viewing area of any theater or movie house;

(2)

A retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products, or smoking implements; or

(3)

A retail or service establishment which is a food service establishment regulated by section 16-244.

(Code 1982, § 14-42; Ord. No. 86-83, 11-3-1986)