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~ ~ <br />ORDINANCE N0. 1695 <br />AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES EXCEPT IN <br />DESIGNATED SMOKING AREAS; MAKING FINDINGS OF FACT; DECLARING SMOKING <br />TO BE A PUBLIC NUISANCE; DECLARING THAT A PERSON COMMITS AN OFFENSE <br />IF THE PERSON SMOKES AT A PUBLIC MEETING OR ANY PUBLIC PLACE AND THE <br />PERSON IS NOT IN A DESIGNATED SMOKING AREA, AND PROVIDING THAT SUCH <br />OFFENSE IS A MISDEMEANOR; PROVIDING A REPEALING CLAUSE; PROVIDING A <br />SEVERABILITY CLAUSE; PROVIDING THAT ANY PERSON VIOLATING ANY <br />PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR <br />AND UPON CONVICTION SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO <br />HUNDRED DOLLARS ($200.00); PROVIDING FOR THE PUBLICATION OF THE <br />CAPTION OF THIS ORDINANCE; FINDING COMPLIANCE WITH THE OPEN MEETINGS <br />LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. <br />GIHEREAS, the Surgeon General of the United States has declared <br />that smoking is the number one public health issue of our time; and <br />WHEREAS, smoking adversely affects health of_ employees and <br />customers of businesses; and <br />WHEREAS, the City of La Porte recognizes the increasing <br />evidence that smoke creates a danger to the health of some citizens, <br />and is a cause of annoyance and discomfort; and <br />WHEREAS, in order to protect the health and welfare of those <br />citizens, as well as to protect the rights of smokers and <br />nonsmokers, it is necessary to restrict smoking in public places <br />except in areas designated as smoking areas; and <br />WHEREAS, the unregulated spread of the detrimental effects of <br />smoking and the potential. harm smoking creates to some citizens of <br />the City is hereby declared a nuisance; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LA PORTE: <br />Section 1. That the Code of Ordinances of the City of La Porte <br />is hereby amended by adding a Section to be numbered 12 1/8-1, <br />"HEALTH," which said section reads as follows: <br />Section 12 1/8-1, "HEALTH." Smoking prohibited in public <br />places. <br />(a) Definitions. <br />1. "Public meeting" means a meeting open to the public and <br />held in an enclosed area unless the meeting is held in a <br />private residence. <br />2. "Public place" means an enclosed, indoor area where <br />individuals commingle to engage in commerce, recreation, <br />educational activities or transportation, and includes: <br />City Attorney/Third Draft/March 20, 1990 <br />