Smoking Ordinances

Regulation of E-Cigarettes

NRH Code of Ordinances, Ch. 42, Art.V went into effect on July 14, 2014. It prohibits the sale, distribution or possession of electronic smoking devices to and by minors. It also prohibits the use of electronic smoking devices where tobacco smoking is prohibited.

Regulation of Smoking Businesses

NRH Code of Ordinances, Ch. 118, Art. V, Div. 3 went into effect on July 14, 2014. It requires a special use permit in the Local Retail, Commercial 1 and Commercial 2 zoning districts for new traditional or non-traditional smoking businesses.

Regulation of Smoking in Public Places

NRH Code of Ordinances, Ch. 42, Art. IV went into effect on January 1, 2014. Under this ordinance, smoking is prohibited in public places, including but not limited to:
  • Restaurants
  • Bars in Restaurants
  • Offices
  • Other Workplaces
  • City Parks and Trails
  • Within 25 feet of an entrance or exit to any business or public building
Smoking may be allowed in the following places:
  • Outdoor Restaurant Patios - An owner or operator may allow smoking in a designated outdoor public patio area of a restaurant located more than 25 feet from the main public entrance;
  • Nursing Homes - A private or semi-private room in a nursing home or long term health care facility that is occupied by persons who smoke and have requested in writing to be placed in rooms where smoking is permitted;
  • Retail Tobacco Stores - A retail or service establishment which derives at least 60% of its income from the sale of tobacco, tobacco products or smoking implements; and the establishment has a primary public entrance and restroom facilities not connected with any other businesses; and is posted for no one under the age of 18 years is allowed to be admitted.
  • Bars – An establishment permitted under Sec. 118-711 of the Code of Ordinances that derives more than 75 percent of its revenue from alcoholic beverage for on premises consumption and is not inside a restaurant;
  • Private Clubs - A fraternal organization or private club not serving the general public;
  • Hotel/Motel Rooms - A private, rented guest room in a hotel or motel that has been designated as a smoking room by the owner or operator of the hotel or motel, as long as no more than 20% of the rooms are designated smoking and all smoking rooms are located on the same floor;
  • Stage Productions - Any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of a stage production.

Frequently Asked Questions

How will you ensure that the regulated and exempt establishments follow the new ordinance?
Any person or business that violates this ordinance shall be guilty of a health and sanitation misdemeanor violation and subject to a fine.

What do the owners/operators of non-smoking facilities have to do to comply with the ordinance?
  • Do not allow smoking in the building or within 25 feet of an entrance or exit to the building;
  • Request any individual violating the smoking ordinance in the establishment to stop smoking or leave;
  • Post "No Smoking" signs in a location clearly visible to a person entering the establishment;
  • Remove all ashtrays and any other smoking paraphernalia from the building and from within 25 feet of an entrance or exit to the building.
How can I report a business that is not complying with this ordinance?
If a business is not in compliance after January 1, 2014, you may report it to the Consumer Health Division at 817-427-6650.

Who can I contact if I have questions about this ordinance?
Questions about the Smoking Ordinance may be directed to Planning & Development at 817-427-6307.