§ 2-2. Smoke-free workplace established; exceptions.

(a)

Definition. "Smoking" means the lighting of any cigarette, cigar or pipe or the possession of any lighted cigarette, cigar or pipe.

(b)

Prohibited smoking.

(1)

No person shall smoke in any city-owned, operated and/or leased space in buildings and offices including elevators, stairways, hallways, restrooms and breakrooms.

(2)

No person shall smoke in the municipal airport terminal building in any area including, but not limited to, offices, stairways, hallways, restrooms, breakrooms, restaurants and lounge; provided, however, smoking shall be permitted in the restaurant and/or lounge in smoking areas designated by the airport commission.

(c)

Smoking areas allowed.

(1)

Smoking may be allowed in city-owned, leased and/or operated vehicles, with the approval of the city department head, providing no objections are raised to the smoker from passengers in the vehicle.

(2)

Smoking may be allowed on city premises but outside of city-owned, operated and/or leased buildings and offices with the approval of the city department head.

(d)

Posting of notice.

(1)

The city administrator or his designee shall post the following notice in city-owned, leased and/or operated buildings and offices:

NO SMOKING
BY ORDER OF THE BOARD OF DIRECTORS
CITY OF FORT SMITH
ORDINANCE NO. 56-92

(2)

Other signs and notices shall be placed on doors and in access areas to clearly reflect the city's no smoking policy.

(e)

Penalties.

(1)

Any person convicted of violating the provisions of this section shall be fined the maximum of twenty-five dollars ($25.00) for the first offense; fifty dollars ($50.00) for the second offense; one hundred dollars ($100.00) for the third offense; two hundred fifty dollars ($250.00) for any subsequent offense.

(2)

The provisions of this section are considered standards of personal conduct for city employees. Therefore, city employees may be subject to disciplinary action up to and including termination of employment for violating the provisions of this section.

(Ord. No. 56-92, §§ 1—5, 9-1-92; Ord. No. 77-92, § 1, 11-17-92)