The council makes the following findings:

(a)

Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of more than thirty-eight thousand (38,000) Americans annually.

(b)

The Public Health Service's National Toxicology Program has listed secondhand smoke as a known human carcinogen.

(c)

Secondhand smoke kills two hundred fifty (250) nonsmokers in Marion County each year. In 2002, at least $16.7 million were spent for the hospitalization and health care of Marion County residents with secondhand smoke exposure-caused diseases.

(d)

In Marion County, the rate of lung cancer deaths is approximately fifty (50) percent higher than the national lung cancer mortality rate. The rate of deaths from stroke and the percentage of people diagnosed with asthma are also higher than national averages and can be related to the persistent high prevalence of smoking and exposure to secondhand smoke in Marion County.

(e)

Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics, and those with obstructive airway disease. Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer.

(f)

The U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke.

(g)

The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke.

(h)

The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is nonlinear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one (1) or two (2) cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking.

(i)

The Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability.

(j)

A significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a twenty-five (25)—fifty (50) percent higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function.

(k)

Smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke.

(l)

A study of hospital admissions for acute myocardial infarction in Helena, Montana, before, during, and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease.

(m)

Accordingly, the council finds and declares that the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places, and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

(G.O. 44, 2005, § 1)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

(a)

"Ashtray" means any receptacle that is used for disposing of smoking materials, including, but not limited to, ash and filters.

(b)

"Business" means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including, but not limited to, retail establishments where goods or services are provided to the public, and other entities where accounting, counseling, legal, medical, dental, engineering, architectural, or other professional services are delivered.

(c)

"Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services.

(d)

"Employer" means a person, business, association, municipal corporation, trust, or nonprofit entity that employs the services of one or more individual employees.

(e)

"Enclosed area" means all space closed in by a roof, ceiling, or other overhead covering of any material, and walls or other side coverings of any material on at least two sides with appropriate openings for ingress and egress.

(f)

"Health care facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. The term "health care facility" shall include all waiting rooms, hallways, private rooms, semi private rooms, and wards within health care facilities.

(g)

"Place of employment" means an area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles.

(h)

"Public park" means property that is owned, leased, or operated by the city or county, or any of their offices, agencies or departments, that is used for any of the following: recreational facilities, athletic or recreational fields, tennis courts, basketball courts, swimming pools, bike paths, walking or hiking trails, wildlife and natural preserves, greenways, parks, dog parks, skate parks, amphitheaters, and any other similar uses, and including related buildings, facilities and improvements, together with parking lots, roadways, sidewalks and walkways abutting or adjoining the same. The term "public park" does not include: (i) city or county-owned golf courses and golf driving ranges; or (ii) property that is subject to a lease with the city or county where the city or county is the lessor and the term of the lease is greater than five (5) years.

(i)

"Public place" means an enclosed area, whether owned publicly or privately, to which the public is invited or in which the public is permitted.

(j)

"Retail tobacco store" means a retail store:

(1)

Utilized primarily for the sale of tobacco and tobacco-related products including, but not limited to, cigarettes, cigars, tobacco, pipes, cigarette paper, and lighters;

(2)

That is not licensed for the consumption of meals or alcoholic beverages on the premises or operated in conjunction with another business that is licensed for the on-premises consumption of meals or alcoholic beverages; and

(3)

In which the sale of tobacco and tobacco-related products accounts for not less than eighty-five (85) percent of the store's gross sales.

"Retail tobacco store" does not include a tobacco department of a larger commercial establishment such as a grocery store, department store, discount store or hotel.

(k)

"Shopping mall" means an enclosed public walkway or hall area that serves to connect retail or professional establishments.

(l)

"Smoking" means the carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment, the use of an electronic cigarette (also known as an e-cigarette), or the inhalation or exhalation of smoke from any lighted smoking equipment. "Smoking" does not include the burning of incense.

(m)

"Sports arena" means sports pavilions, stadiums, athletic fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise or recreation, participate in athletic competition, or witness sports or other events.

(G.O. 44, 2005, § 1; G.O. 12, 2012, § 1; G.O. 16, 2021, § 1)

Smoking shall be prohibited in all public places within consolidated city including, but not limited to, the following places:

(a)

Elevators.

(b)

Health care facilities.

(c)

Laundromats.

(d)

Licensed child care and adult day care facilities.

(e)

Lobbies, hallways, and enclosed areas in the common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(f)

Polling places.

(g)

Public transportation facilities, including, but not limited to, buses and taxicabs under the authority of the city, the county, or the Indianapolis Public Transportation Corporation, and ticket, boarding, and waiting areas of public transit depots.

(h)

Restrooms, lobbies, reception areas, hallways, and other common-use areas.

(i)

Shopping malls.

(j)

Sports arenas.

(G.O. 44, 2005, § 1)

(a)

Smoking shall be prohibited in all enclosed areas within places of employment within the consolidated city.

(b)

This prohibition on smoking shall be communicated to all existing employees by the effective date of this chapter and to all prospective employees upon their application for employment.

(G.O. 44, 2005, § 1)

(a)

Smoking shall be prohibited in all vehicles and enclosed areas in buildings owned, leased, or operated by the city or the county, or any of their offices, agencies, or departments if those vehicles or enclosed areas are used for any governmental function.

(b)

Smoking shall be prohibited in all public parks.

(G.O. 44, 2005, § 1; G.O. 16, 2021, § 2)

(a)

The following areas shall be exempt from the provisions of sections 616-201 through 616-202:

(1)

Private residences, except when used as a licensed child care, adult day care, or health care facility.

(2)

Retail tobacco stores.

(3)

Any business that as of April 1, 2012:

a.

Is exempt from federal income taxation under 26 U.S.C. § 501(c);

b.

Is a "club" as that term is defined by IC 7.1-3-20-1, or a "fraternal club" as that term is defined by IC 7.1-3-20-7;

c.

Holds a beer, liquor, or wine retailer's permit under the laws of this state; and

d.

Provides food or alcoholic beverages only to its bona fide members and guests; and, in addition,

Sends notice to the Health and Hospital Corporation of Marion County by September 1, 2012, that through a majority-vote of its general membership at a formal meeting or ballot of same, has elected to allow smoking, and that it is otherwise entitled to an exemption under this section.

(4)

Tobacco businesses licensed under chapter 988 of this Code.

(5)

Any business that on or before April 1, 2012 held a license pursuant to IC 4-31-5.5 to operate a satellite facility in the consolidated city and county.

(b)

None of the areas in the preceding subsection shall be exempt from the provisions of sections 616-201 through 616-202 if the smoke from smoking enters any area, through entrances, windows, ventilation systems, or other means, where smoking is otherwise prohibited by this chapter.

(c)

Any business claiming an exemption pursuant to this section shall provide to any enforcement agency listed in section 616-401(a) within three (3) business days of demand, adequate written proof that it qualifies for the exemption claimed. Such written proof shall be certified under the penalties for perjury by an authorized representative of the business.

(G.O. 44, 2005, § 1; G.O. 12, 2012, § 2)

(a)

All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person having control of the area.

(b)

Any establishment exempted from the chapter under section 616-204(a)(2), (3), or (4) shall clearly and conspicuously post the following sign at every entrance:

"Warning: This is a Smoking Establishment.".

(G.O. 44, 2005, § 1; G.O. 12, 2012, § 3)

No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.

(G.O. 44, 2005, § 1)

(a)

This chapter shall be enforced by:

(1)

The deputy director of the department of business and neighborhood services, division of construction and business services;

(2)

Fire department personnel authorized to conduct fire inspections in accordance with section 591-221;

(3)

Officers of the Indianapolis Metropolitan Police Department; and

(4)

The director of the division of public health, the director's authorized representative, a supervisor in the division, or an environmental health specialist of the Health and Hospital Corporation of Marion County.

(b)

An owner, manager, operator, or employee of an establishment regulated by this chapter shall inform persons violating this chapter of the appropriate provisions thereof and shall ask those persons to refrain from smoking.

(c)

For a business that elects to be exempted under the provisions of section 616-204(a)(3), it shall be the duty of the owner, manager, or operator to ensure that no persons under the age of eighteen (18) are allowed to enter, except as provided by state law.

(G.O. 44, 2005, § 1; G.O. 63, 2009, § 64; G.O. 12, 2012, § 4; G.O. 41, 2016, § 2)

(a)

A person who smokes in an area where smoking is prohibited by the provisions of this chapter, or a person who owns, manages, operates, or otherwise controls a public place, place of employment, or other area where smoking is prohibited under this chapter, and who fails to comply with the provisions of this chapter shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau as provided in article III of chapter 103 of this Code for the first violation in a calendar year. All second and subsequent violations in a calendar year are subject to the enforcement procedures and penalties provided in section 103-3 of the Code, provided, however, that the minimum penalty for any subsequent violation shall be at least two hundred dollars ($200.00).

(b)

In addition to the fines established by this section, violation of this chapter by a person who owns, manages, operates, or otherwise controls a public place, place of employment, or other area where smoking is prohibited by this chapter may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.

(c)

Each day on which a violation of this chapter occurs shall be considered a separate and distinct violation.

(G.O. 44, 2005, § 1)

This chapter shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws. This chapter shall not be interpreted to prohibit any property owner from imposing on his property any smoking ban that is more restrictive than this chapter. Smoking shall be prohibited in any place in which a property owner posts a "No Smoking" sign.

(G.O. 44, 2005, § 1)

This chapter shall be construed broadly to effectuate the purposes described in section 616-101(m).

(G.O. 44, 2005, § 1)