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<br /> -3- <br /> smoking equipment or device, and the lighting <br /> of, emitting or exhaling of the smoke of a <br /> pipe, cigar or cigarette of any kind. <br />Sec. 16-71. Offenses. <br /> A person commits an offense if the person: <br /> (1) smokes in a clean air area and is not in an <br /> area designated as a smoking area in <br /> accordance with this Article; <br /> (2) is the person in control of a clean air area <br /> and permits, or fails to make a reasonable <br /> effort to prevent commission by another of, an <br /> offense described in subsection (1) of this <br /> section within such clean air area; <br /> (3) is the person in control of a clean air area <br /> or a smoking area and fails to place signs in <br /> accordance with the requirements of Sec. 16-72 <br /> or Sec. 16-73; <br /> (4) is the person in control of a clean air area <br /> and fails to provide means of extinguishing <br /> smoking items in accordance with the <br /> requirements of Sec. 16-73(b); <br /> (5) is an employer who operates a place of <br /> emploYment and fails to adopt, implement and <br /> maintain a written clean air policy, or fails <br /> to post the policy in accordance with the <br /> requirements of Sec. 16-74; or <br /> (6) violates any other provision of this Article. <br />Sec. 16-72. Desiqnation of smokinq areas. <br /> <br /> (a) The person in control of a building or facility <br />may, but is not required to designate one or more areas <br />within an area described in Sec. 16-70(1) (B) as smoking <br />areas. The designation of smoking areas in places of <br />emploYment shall be performed in accordance with Section <br />16-74, as well as with this section. <br /> (b) If a smoking area is designated it shall: <br /> (1) not exceed an area of the building or <br /> facility proportionate in size to the <br /> percentage of its users normally <br /> requesting a smoking area; <br /> (2) be situated so the ventilation minimizes <br /> the effect of smoke in adjacent clean air <br /> areas and so that air from the smoking <br /> areas is not drawn into or across a clean <br /> air area; <br /> (3) be designated as a smoking area by <br /> appropriate signs which are clearly <br /> visible to persons in or entering the <br /> area; <br /> (4) contain ashtrays, containers, or other <br /> means of extinguishing of smoking <br /> materials; <br /> (5) be set apart or separated from clean air <br />