Sec. 32-7. - Smoking optional areas.

(a)

Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this article:

(1)

Single-family private residences, except when used as a child care or health care facility;

(2)

Up to twenty-five (25) percent of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms so that seventy-five (75) percent or more of its guest rooms are nonsmoking. Ashtrays shall be removed from nonsmoking rooms. Permanent "no smoking" signs shall be posted in nonsmoking rooms;

(3)

Streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.

(b)

Notwithstanding any other provision of this section, any owner, operator, manager, employer or person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

(Ord. No. 5953, § I, 10-4-2011.)