§ 5-8.202. Exception to Smoking Prohibition—Designated Smoking Area.

(a)

The City Manager, or his or her designee, for public rights-of-way or property owned or under control of the City, may designate unenclosed areas on such premises, including the Modesto Downtown Transportation Center, where smoking is permitted. The designated smoking areas must satisfy all of the following criteria:

(1)

The designated smoking area shall be as small as practicable to accommodate the number of smokers anticipated to use the area. Notwithstanding this criteria, the City Manager, or his or her designee, may not designate a smoking area that would be smaller than fifty (50) square feet, or with a dimension on any side less than five (5) feet.

(2)

The smoking area is not located within twenty (20) feet of any entrance or exit of any public building.

(3)

Any designated smoking area must display one (1) or more conspicuously displayed signs in accordance with Section 5-8.601(a) that identifies the area as a designated smoking area.

(Added by Ord. 3639-C.S., § 1, effective 12-24-15)