Smoke Free Bloomington
More Information about Monroe County's Smoke Free Air Laws
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On March 27, 2003, the City of Bloomington's Common Council passed Smoking Ordinance 03-06. Effective August 1, 2003, the ordinance bans smoking in public places and places of employment. Smoking Ordinance 03-06 is designed to protect the public health and welfare of the community from health hazards induced by breathing secondhand smoke including lung cancer, heart disease and respiratory infections.
The following information is designed to promote understanding of Smoking Ordinance 03-06. Thank you for your efforts to understand and comply with Smoking Ordinance 03-06.
Example of an Employee Policy Prohibiting Smoking in the Workplace
Smoking Bans Actually Benefit Business
Questions and Answers Regarding Smoking Ordinance 03-06
Q: Can employees or business patrons smoke outside a business establishment?
A: Yes. Employees and patrons may smoke outside as long as they are far enough away from the building so that smoke cannot enter from a door, window or vent. Patrons may no longer smoke in outside seating provided by eating establishments or bars, but may smoke a reasonable distance away from such seating so that smoke is not detected there.
Q: Must a business move its designated outside smoking area if it is in the back of the building and away from the public?
A: Yes. Designated outside smoking for employees or patrons should be far enough away from the building so that secondhand smoke cannot enter through a door, window or vent.
Q: Can a business owner or manager decide to ban smoking anywhere on the premises including outside areas and parking lots?
A: Yes. Any owner, operator, manager or other person who controls any establishment or facility may declare the entire establishment or facility as smoke-free.
Q: Can employees smoke in their cars?
A: Yes. Employers have a right to set up employee breaks to best meet the needs of their establishment. If breaks are allowed outside of the building, employee vehicles are considered private property and are not covered by Ordinance 03-06.
Q: Can employees smoke in business-owned vehicles?
A: Employees may not smoke in business-owned vehicles if more than one employee is present in such a vehicle.
Q: Are bars and private clubs exempt from Smoking Ordinance 03-06?
A: No. On January 1, 2005, all bars and private clubs became smoke free.
Q: Must businesses remove smoking paraphernalia and post signs designating the building as smoke-free?
A: Yes. All ashtrays in or on a building shall be removed where smoking is prohibited and "No Smoking" signs must be posted at every entrance clearly stating that smoking is prohibited.
Q: What are the penalties for non-compliance?
A: The typical penalty for non-compliance is a $100 citation. The City of Bloomington will monitor compliance, notify businesses of compliance violations and issue citations, when necessary, for violations.