Chapter 11 · Public Offenses

Article 3. Tobacco and E-Cigarettes

Sections 11-301 to 11-304 · 4 sections

11-301 Use of tobacco products prohibited in certain city property open to the public.

It shall be unlawful, with no requirement of a culpable mental state, to use tobacco products or e-cigarettes, on city property where signs are clearly posted stating that use of tobacco products and electronic cigarettes are prohibited, including but not limited to:

(a)Buildings owned or operated by the city open to the public. This prohibition applies to all hallways, offices, restrooms, indoor and open-air athletic facilities, within the fence perimeter of the city pool, performance halls, parking garages and all other spaces in city-owned or operated buildings.

(b)Entrances to all city buildings are designated as smoke and smokeless tobacco-free. Unless otherwise posted, smoking, use of tobacco products and electronic cigarettes are prohibited within twenty-five (25) feet of all doorways, windows, and ventilation systems of all city buildings. Any persons smoking, using tobacco products or electronic cigarettes are responsible for ensuring that all such activity, including the discarding of tobacco product related materials, takes place more than twenty-five (25) feet from the doorways, windows, and ventilation systems of city buildings to avoid infiltration of smoke into the buildings. Smokeless tobacco users are responsible for discarding the products of their tobacco use responsibly. Smokeless tobacco and/or its juices must be spat into a disposable cup or container that is then disposed of in the trash. Spitting tobacco and/or its juices on the floor, sidewalk, grass, landscape beds or pavement is prohibited.

For the purpose of this section, Tobacco Products is defined as provided in K.S.A. 79-3301 (bb) and electronic cigarettes is defined as provided in K.S.A. 79-3301 (m).

(Ord. 916)

11-302 Unlawful to allow use of tobacco products or e-cigarettes in prohibited areas.

It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of a public place, or other area where tobacco products and e-cigarettes are prohibited, to allow the use of tobacco products or electronic cigarettes to occur under this subsection if such person: (1) has knowledge that the use of tobacco products or electronic cigarettes is occurring; and (2) recklessly permits the use of tobacco products or electronic cigarettes under the totality of the circumstances.

(Ord. 916)

11-303 Posting premises.

The person in charge of the premises of a public place, or other area where use of electronic cigarettes or tobacco products is prohibited, shall post or cause to be posted in a conspicuous place, signs clearly stating that use of tobacco products and electronic cigarettes is prohibited.

(Ord. 916)

11-304 Penalties.

Any person who violates this article shall be guilty of a tobacco infraction punishable by a fine:

(a)Not exceeding $100.00 for the first violation.

(b)Not exceeding $200.00 for the second violation within a one year period after the first violation.

(c)Not exceeding $500.00 for a third or subsequent violation within a one-year period after the first violation.

For the purposes of this subsection, the number of violations within a year shall be measured by the date the tobacco violations occur. Each individual allowed to use a tobacco product or electronic cigarette by a person who owns, manages, operates or otherwise controls the use of a public place, or other area where tobacco products or electronic cigarettes are prohibited, shall be considered a separate violation for the purposes of determining the number of violations.

(Ord. 916)