§ 48-3. Smoking prohibited in certain areas.

Except where specifically excepted, smoking is prohibited and shall be unlawful in the following places and areas within the City of Irving:

(1)

An elevator used by the public in buildings generally used by and open to the public, including elevators in office buildings, hotels and multi-family dwellings;

(2)

A health care facility as defined in section 48-2(11) of this article;

(3)

Any public area of any facility or building of a public or private primary or secondary school; or any seating area of an athletic facility (including an indoor or outdoor athletic facility) of a public or private primary or secondary school;

(4)

Any area of any building or grounds owned, operated or managed by the city, including, but not limited to, the Civic Center Complex, parks (excluding golf courses), municipal swimming pools, recreation centers, Senior Center, Criminal Justice Center, fire stations, police and fire training centers, Irving Community Television Network Building, Irving Convention and Visitors Bureau, Irving Arts Center, Municipal Service Center, municipal warehouses, any seating area of an athletic facility (including an indoor or outdoor athletic facility), Irving Convention Center, and Irving Entertainment Center;

(5)

Any public area of any retail or service establishment serving the general public, including, but not limited to, any department store, grocery store, drug store, or hotel or motel, or shopping mall;

(6)

Food products establishment;

(7)

Workplace of a public or nonpublic facility;

(8)

Standing in a service line or a queue in a public area, regardless of whether the line is indoors or outdoors;

(9)

Restrooms in public facilities;

(10)

Any public area of any facility or building of a public or private institution of higher education or any seating area of an athletic facility (including an indoor or outdoor athletic facility) of an institution of higher education;

(11)

Any area temporarily designated as nonsmoking by order of the fire chief or building official or their designees; when a potentially hazardous or unsafe situation exists;

(12)

Any other area with markings or signs that give reasonable notice that the area is a no smoking area, regardless of whether the means of designating said area comply with this chapter or state law;

(13)

Bingo parlors, billiard halls or pool halls;

(14)

Any facilities or means of public transportation, including, but not limited to, taxicabs, bus terminals or buses, train stations or city-owned, operated or contracted transportation systems;

(15)

Common indoor areas of all multifamily, town home or condominium projects;

(16)

Within the smoke-free entrance or exit zones of all buildings where smoking is prohibited by this article;

(17)

An enclosed theater, movie house, library or museum;

(18)

Daycare centers and child care facilities;

(19)

Any other areas available to and customarily used by the general public, including public places, public facilities and public areas as defined herein.

(Ord. No. 2015-9662 , § 1, 2-19-15)