7.1-5-12-0.5. “Ashtray”
Sec. 0.5. As used in this chapter, “ashtray” means any receptacle that is used for disposing of smoking materials, including ash and filters. As added by P.L.141-2012, SEC.2.
7.1-5-12-1. “Place of Employment”
Sec. 1. As used in this chapter, “place of employment” means an enclosed area of a structure that is a place of employment. The term does not include a private vehicle. As added by P.L.141-2012, SEC.2.
7.1-5-12-10. Failure to Comply With Requirements; Penalty
Sec. 10. (a) An owner, manager, operator, or official in charge of a public place or place of employment who fails to comply with a requirement imposed by this chapter commits a Class B infraction, except as provided in subsection (b). (b) A failure to comply described in subsection (a) is a Class A infraction […]
7.1-5-12-11. Discharge, Refusal to Hire, or Retaliation Against Employee Prohibited
Sec. 11. An owner, a manager, or an employer shall not discharge, refuse to hire, or in any manner retaliate against an individual for: (1) reporting a violation of this chapter; or (2) exercising any right or satisfying any obligation under this chapter. As added by P.L.141-2012, SEC.2.
7.1-5-12-12. Smoking in School Bus; Prohibited
Sec. 12. (a) As used in this section, “school bus” means a motor vehicle that is: (1) designed and constructed for the accommodation of at least ten (10) passengers; (2) owned or operated by a public or governmental agency, or privately owned and operated for compensation; and (3) used for the transportation of school children […]
7.1-5-12-13. Local Ordinances
Sec. 13. (a) This chapter does not prohibit a county, city, town, or other governmental unit from adopting an ordinance more restrictive than this chapter. (b) This chapter does not supersede a smoking ordinance that is adopted by a county, city, town, or other governmental unit before the effective date of this chapter and that […]
7.1-5-12-14. Annual Report
Sec. 14. Beginning in 2013, the commission shall present an annual report to the interim study committee on public health, behavioral health, and human services established by IC 2-5-1.3-4 concerning the implementation and enforcement activities taken under this chapter. The report must include the number of smoking related inspections conducted and violations for the previous […]
7.1-5-12-2. “Public Place”
Sec. 2. As used in this chapter, “public place” means an enclosed area of a structure in which the public is invited or permitted. As added by P.L.141-2012, SEC.2.
7.1-5-12-3. “Smoking”
Sec. 3. As used in this chapter, “smoking” means the: (1) carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted tobacco smoking equipment; or (2) inhalation or exhalation of smoke from lighted tobacco smoking equipment. As added by P.L.141-2012, SEC.2.
7.1-5-12-4. Places Smoking Is Prohibited; Duties of Employers and Person in Charge of a Place of Employment or Public Place
Sec. 4. (a) Except as provided in section 5 of this chapter, smoking is prohibited in the following: (1) A public place. (2) A place of employment. (3) A vehicle owned, leased, or operated by the state if the vehicle is being used for a governmental function. (4) The area within eight (8) feet of […]
7.1-5-12-5. Exceptions to Smoking Ban; Signage; Areas Where Smoking Is Prohibited in Exempted Premises; Verified Statement
Sec. 5. (a) Except as provided in subsection (c) and subject to section 13 of this chapter, smoking may be allowed in the following: (1) A horse racing facility operated under a permit under IC 4-31-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent […]
7.1-5-12-6. Enforcement
Sec. 6. (a) The commission shall enforce this chapter. (b) This chapter may also be enforced by: (1) the state department of health established by IC 16-19-1-1; (2) a local health department, as defined in IC 16-18-2-211; (3) a health and hospital corporation established by IC 16-22-8-6; (4) the department of homeland security established by […]
7.1-5-12-7. Duties of Person in Charge of a Public Place
Sec. 7. (a) This section does not apply to an establishment or premises in which smoking is allowed under section 5 of this chapter. (b) The owner, operator, manager, or official in charge of a public place shall do the following: (1) Post conspicuous signs that read “Smoking Is Prohibited By State Law” or other […]
7.1-5-12-8. Smoking in a Prohibited Area; Penalty
Sec. 8. (a) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class B infraction, except as provided in subsection (b). (b) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class A infraction if the person […]
7.1-5-12-9. Civil Actions
Sec. 9. (a) A local health department may enforce this chapter by filing a civil action under IC 16-20-1-26. (b) A health and hospital corporation may enforce this chapter by filing a civil action under IC 16-22-8-31. (c) The department of homeland security may enforce this chapter by filing a civil action under IC 22-12-7-13. […]