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(1) Disposal of Waste. No person shall dispose of used smoking or tobacco products within any area in which smoking is prohibited, including within any reasonable distance required by this chapter.

(2) Smoker’s Waste Receptacles. Except as otherwise provided by this chapter or by state or federal law, no person, employer, or nonprofit entity shall cause the presence or placement of a smoker’s waste receptacle (for example, ashtrays or ash cans) within any area in which smoking is prohibited by law, including within any reasonable distance required by this chapter. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provisions of this chapter.

(3) Signs.

(a) “No Smoking” or “Smoke Free” signs, with letters of not less than one inch in height, or the international no smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) or any alternative signage approved by the city manager shall be conspicuously posted in every building, structure, common area, or property where smoking is regulated by this chapter by the owner, operator, manager, or other person having control of the building, structure, area, or property.

(i) The city manager shall cause signs to be posted at each entrance to a city building or structure, city park, city parking lot or structure, and city recreational facility where smoking is prohibited by this chapter.

(b) Nothing in this section shall require the posting of “No Smoking” or “Smoke Free” signs inside of any dwelling unit or on the doorway of any dwelling unit in a multiunit residence.

(c) Signage required by this subsection shall not be subject to Chapter 20.84 CMC (Sign Regulations).

(d) Notwithstanding the requirements of this section, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.

(4) Intimidation. No person shall intimidate, threaten or effect a reprisal, or retaliate against another person who seeks to attain compliance with one or more of this chapter’s provisions.

(5) Private Regulations. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area. (Ord. 694 § 1, 2018).