Smoking Prohibited in Certain Areas

Except as otherwise provided in Chapter 22, Article 8, smoking shall be prohibited in the following places within the County of Kaua'i:Any restaurant, except as defined as a "part-time restaurant/bar," only when operating as a bar, and a separate open air area of a restaurant in this Article.Elevators in buildings generally open to and used by the public, including elevators in apartment and other multi-unit residential buildings.Patient rooms, wards, waiting rooms, lobbies and public hallways of public and private health care facilities including, but not limited to, hospitals, clinics, and physicians' and dentists' offices.Any room which is primarily used for exhibiting any motion picture, stage drama, dance, musical performance or other similar performance during the time that the room, hall or auditorium is open to the public for such exhibitions.Museums, libraries and galleries.Any enclosed or partially enclosed area or building owned, leased, operated, or maintained by the County, except any dwelling unit. As used in this Subsection, "dwelling unit" shall have the meaning ascribed to it in K.C.C. Sec. 8-1.5 of the Comprehensive Zoning Ordinance for the County of Kaua'i. In addition to those buildings owned, leased, operated, or maintained by the County where smoking is prohibited under this Paragraph (f), the Fire Chief may prohibit smoking in any other building or enclosed area of public assemblage owned or operated by the County of Kaua'i when in his or her opinion to do so would promote the public health, welfare or safety. The Fire Chief may exercise his or her authority to prohibit smoking by posting signage pursuant to Sec. 22-8.4(c).Except as provided in Sec. 22-8.3 or as limited by this Paragraph (g), all areas in business or charitable establishments. For purposes of this Paragraph (g), a "business" means any sole proprietorship, partnership, joint venture, business trust, limited liability company, business corporation, professional corporation, or other business entity formed for profit-making purposes, and "business establishment" includes, but is not limited to, any of the following establishments operated by a business:Any school;Any hotel, except individual hotel rooms, separate open air areas, and bars;Any financial institution;Any industrial, commercial or wholesale establishment;Any utility;Any retail establishment where goods or services are sold, leased or otherwise provided to the public or to another business including, but not limited to, food and grocery stores;Any restaurant; provided that smoking shall be permitted in a restaurant under the following circumstances: Smoking shall be permitted in a separate open air area of a restaurant when the business operating the restaurant refrains from designating the area as nonsmoking pursuant to Subsection (i) of this Section.Restrooms. Any restroom open to the public in places specified in this Section.Notwithstanding Sec. 22-8.3, any area of any bar, hotel room, nightclub, or governmental property which has been designated by the owner, operator, manager or other persons having control of such property as a nonsmoking area and marked with a "no smoking" sign or signs.All enclosed or partially enclosed areas within multifamily dwellings that are open to the common use of all unit owners or residents including, but not limited to, lobbies, hallways, corridors, stairways, waiting areas, and recreation areas within multifamily dwellings. For purposes of this Subsection, "enclosed or partially enclosed areas" means areas closed in by a roof or overhang and at least one (1) wall. An area commonly described as a lobby or roofed mall shall be deemed enclosed or partially enclosed for purposes of this Subsection.All enclosed or partially enclosed areas within commercial buildings not subject to the exclusive use and possession of a tenant and open to the common use of the tenants of the building and their employees and customers including, but not limited to, common entrance areas, lobbies, malls, hallways, corridors, escalators, stairways, and waiting or rest areas within commercial buildings.In the event the building is both a multifamily dwelling and a commercial building, all areas except for private residences.All areas within recreation areas or facilities under the maintenance of the Department of Public Works' Division of Parks and Recreation, except such areas within each area or facility as the Department may, with the approval of the Fire Chief as to facilities, designate by appropriate signs as areas within which smoking is permitted. County parks shall not constitute "recreation areas or facilities" within the meaning of this Subsection.Any child care, adult day care or health care facility.In any motor vehicle, whenever occupied by a person less than thirteen (13) years of age.