The reach of Paducah's smoking ban will extend to all hotels and nursing homes, but it won't affect employee break rooms and private offices where smoking is allowed.

The city commission passed the smoking ban Tuesday night and gave businesses six months to corne into compliance before the ban takes effect on April.

"It's something new," Yates said of the ban. "As with any new ordinance, it's impossible for Yates to know exactly how it's going to apply in every given situation."

She said the ordinance language pertaining to business areas "open to the public" refers to parts of the building where "members of the public are able to go in and out of freely."

Break rooms and private offices closed to the public, or those which require an invitation or escort by an employee, are exempt from the ban. That's opposed to "somewhere where you don't have to be invited," such as a business lobby, Yates said.

"The ordinance does not specifically ban smoking in all places of employment," Yates said, "only in areas that are open to the public," and which are in enclosed spaces. An outdoor seating area of a restaurant, for instance, is exempt from the ban as long as more than 60 percent of the outdoor area is open.

An "enclosed area" is defined in the ordinance as that which has a roof or other covering, and is more than 40 percent closed in by walls or other coverings.

In addition, smokers will have to move at least 15 feet away from a public entrance to a building unless given permission otherwise by the city manager.

All businesses open to the public will be required to have signs indicating smoking is prohibited. That may be accomplished with "No Smoking" signs, or a picture of a cigarette enclosed in a red circle with a red bar through the cigarette.

Business owners will be forced to remove all ashtrays from their stores. Excluded are ashtrays that are for sale and not for use.

Violators of the new ordinance will be fined. Four city departments - public works, finance, inspection and the fire department - will enforce the ban. If city employees catch a person smoking in a non-smoking facility, the fine is $50 for each offense. For business owners and managers who don't enforce the ban, the fine is steeper: $50 for the first offense, $100 for the second and $250 for the third, all within a one-year period.

By Brian Peach, The Paducah Sun bpeach@paducahsun.com