1990-01-22 Regular Meeting - Laserfiche WebLink

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ASKINS S~ ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P. O. BOX 1218 LA PORTE, TEXAS 775'72-1218 KNOX W. ASKINS JOHN D. ARMSTRONG January 4, 1990 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas RE: Smoking Ordinance Dear Lady and Gentlemen: TELEPHONE 713 471 1886 TELECOPIER 713 471 2047 I enclose for your consideration at the workshop meeting of January 15, 1990, a proposed smoking ordinance for the City of La Porte. I would like to acknowledge the research assistance of Ms. Janie Bais, Assistant to the City Manager. Ms. Bais obtained copies of ordinances from Friendswood, Baytown, Houston, Deer Park, and San Diego, as well as a model city nonsmoking ordinance from the Texas Municipal League, which appears to have been largely based upon the City of Austin ordinance. Also, ordinances were obtained from San Antonio, Arlington, and Albuquerque, New Mexico. I have also referred to materials from the National City Attorneys Association. I would describe the draft ordinance as "middle of the road" in comparison to the ordinances examined from the various other cities. I also enclose a copy of Section 48.01 of the Texas Penal Code, which was enacted in 1975. It has not been amended since that date. You will note that Section 2 of the 1975 Act specifically states that the Act does not preempt any ordinance adopted by a government entity now or in the future relating to smoking of tobacco. However, in order to be consistent with state law, I have indicated in the draft ordinance that designated smoking areas may not be established on public school property, elevators, theaters, movie houses, libraries, museums, hospitals, as well as other public places. Although the state law preemption clause would possibly allow a more lenient treatment of these facilities in a city ordinance, I would not recommend doing so. Yours very truly, ~/~ Rnox W. Askins City Attorney City of La Porte KWA:sw Enclosures