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19880426 1988-8ORDINANCE NO. ] 988-8 AN ORDINANCE AMENDING SECTION 11-26 OF THE CODE OF THE CITY OF FAIRFAX AND ADDING A NEW SECTION 11- 26.1 PROHIBITING SMOKING IN CITY FACILITIES. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Section 11-26 is hereby amended and a new Section 11-26.1 is hereby added as follows: Section 11-26. Exceptions The prohibitions of Sec. 11-25 ~s &~%&e~e shall not apply to the following: (a) Lawfully designated smoking areas; (b) Areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one store to another, and that consist primarily of walkways and places to be seated; (c) Area of a theater commonly referred to as a lobby if physically separated from the spectator area; (d) Offices or work areas not entered by the public in the normal course of business or use of the premises; (e) A business or institution during the hours in which it is not open to the public; (f) Tobacco shop or store in which the primary items for sale are tobacco and smoking implements; (g) The in-patient sleeping quarters of any health care facility, except hospitals. Each such facility shall make a reasonable effort to assign patients to sleeping rooms according to the patient's individual non-smoking or smoking preference; (h) The sleeping quarters of non-ambulatory hospital patients, when the physician writes an order in the patient's record allowing that patient to smoke. Section 11-26.] Smoking Prohibited in City Facilities. In order to provide a smoke free environment to protect the health, safety and welfare of the citizens and employees of the City of Fairfax, Virginia, there shall be no smoking in any facility owned or leased by the City of Fairfax, Virginia that is under the control of the City Manager and that is used for any public purpose. The exceptions set forth in Sec. 1 1-26 shall not apply to this section; provided, that the City Manager shall designate smoking areas in accordance with Sec. 11-27 where appropriate. This ordinance shall become effective October 26, 1988. INTRODUCED : PUBLIC HEARING : ADOPTED : ATTEST: April 12, 1988 April 26, 1988 April 26, 1988 ~ity Clerk