§ 48-4. Duties of owner, operator or other person in control; affirmative defense for owner, operator or other person in control.

(a)

An owner, operator or other person in control of any of the areas in section 48-3 shall prohibit smoking in nonsmoking areas.

(b)

An owner, operator or other person in control of any of the areas in section 48-3 shall provide adequate receptacles for proper disposal of combustible material at least twenty-five (25) feet from entrances and exits.

(c)

An owner, operator or other person in control of any of the areas in section 48-3 shall place signs stating "NO SMOKING" at all building entrances open to the public.

(d)

It is a defense to prosecution under this section that an owner, operator or other person in control of any of the areas in section 48-3 has made a good faith effort to prevent smoking in nonsmoking areas. A good faith effort shall include telling the smoker to move from the nonsmoking area or to stop smoking, and posting a sign in a conspicuous place in each nonsmoking area that contains the words, "No Smoking City of Irving Ordinance No. 2015-9662."

(Ord. No. 2015-9662 , § 1, 2-19-15)