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HomeMy WebLinkAboutO-1990-1695 . . ORDINANCE NO. l695 AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES EXCEPT IN DESIGNATED SMOKING AREAS1 MAKING FINDINGS OF FACT1 DECLARING SMOKING TO BE A PUBLIC NUISANCE~ DECLARING THAT A PERSON COMMITS AN OFFENSE IF THE PERSON SMOKES AT A PUBLIC MEETING OR ANY PUBLIC PLACE AND THE PERSON IS NOT IN A DESIGNATED SMOKING AREA, AND PROVIDING THAT SUCH OFFENSE IS A MISDEMEANOR1 PROVIDING A REPEALING CLAUSE1 PROVIDING A SEVERABILITY CLAUSE 1 PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE PUNISHED BY A FINE OF NOT MORE THAN TWO HUNDRED DOLLARS ($200.00)~ PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE1 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 1 AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, the Surgeon General of the United States has declared that.smoking is the number one public health issue of our time~ and WHEREAS, smoking adversely affects health of employees and customers of businesses~ and WHEREAS, the City of La Porte recognizes the increasing evidence that smoke creates a danger to the health of some citizens, and is a cause of annoyance and discomfort1 and WHEREAS, in order to protect the health and welfare of those citizens, as well as to protect the rights of smokers and nonsmokers, it is necessary to restrict smoking in public places except in areas designated as smoking areas~ and WHEREAS, the unregulated spread of the detrimental effects of smoking and the potential harm smoking creates to some citizens of the City is hereby declared a nuisance1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. That the Code of Ordinances of the City of La Porte is hereby amended by adding a Section to be numbered 12 1/8-1, "HEALTH," which said section reads as follows: Section 12 l/8-l, "HEALTH." Smoking prohibited in public places. (a) Definitions. 1. "Public meeting" means a meeting open to the public and held in an enclosed area unless the meeting is held in a private residence. 2. "Public place" means an enclosed, indoor area where individuals commingle to engage in commerce, recreation, educational activities or transportation, and includes: City Attorney/Third Draft/March 20, 1990 . e ORDINANCE NO. l695 Page 2 (A) all or part of a building used for state or local governmental purposes~ (B) a retail store, office, or other commercial estab1ishment~ (C) a grocery store~ (D) a restaurant or cafeteria~ (E) public school facilities~ (F) a school bus~ (G) a health care facility, including but not limited to laboratories associated with the rendition of health care treatment, hospitals, nursing homes, and doctors' and dentists' offices~ (H) a theater, movie house, gymnasium, museum, auditorium, convention center, or arena~ (I) a public means of mass transportation, including associated terminals~ (J) a courtroom~ (K) a jury waiting or deliberation room~ (L) a library (M) a place of emp10yment~ (N) a place providing personal services~ (O) a service line, cashier area, over-the-counter sales area, or common traffic area~ (P) an elevator~ (Q) a hotel or mote1~ or (R) a restroom~ or (S) any area or building in which smoking is prohibited by state law. 3. "Smoke," "smokes," or "smoking" includes: (A) carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device~ (B) lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device~ or (C) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment of device. 4. "Employee" means a person who is employed by an employer in consideration for monetary compensation or profit. 5. "Employer" means a person, partnership, corporation, association, or other entity that employs one or more persons. 6. "Place of employment" means an enclosed, indoor area under the control of an employer to which employees have access during the course of employment, and includes work areas, employee lounges, employee rest rooms, conference rooms, and employee cafeterias. The term does not include a private residence. (b) Offense. 1. A person commits an offense if the person smokes at a public meeting or in a public place and the person is not in an area designated as a smoking area under subsection (d) of this ordinance. 2. It is an exception to the application of subsection 1 of this section that the person is smoking: (A) in a situation in which the person is present at an event in which an entire room or hall is used for a private social function~ . e ORDINANCE NO. l695 Page 3 (B) in a public place for which a waiver has been granted under section {h)2 of this ordinance~ or (C) as a participant in an authorized theatrical performance. (c) penalty. An offense under this section is a misdemeanor, and any person who shall violate any provision of this section shall, upon conviction, be punished by a fine not to exceed Two Hundred Dollars ($200.00). (d) Designation of smoking areas. 1. Except as provided by subsection 5 of this section, a proprietor or person in charge of a public place who desires to permit persons in the public place to smoke shall designate areas as smoking areas. If the public place is a government building, the governmental entity responsible for managing and maintaining the building may designate areas as smoking areas. 2. The proprietor or person in charge is not required to make structural or physical modifications to accommodate the smoking area, but existing physical barriers and ventilation systems shall be used to minimize the effect of smoke in adjacent nonsmoking areas. 3. Each employer who operates a place of employment shall develop, implement, and maintain a written smoking policy that accommodates the wishes of smoking and nonsmoking employees by designating smoking and nonsmoking areas. If a dispute arises, the preferences of nonsmokers shall be accomodated. Upon request, the City shall assist employers in developing and implementing such written smoking policy. The City shall develop a model or suggested written smoking policy, and distribute the same upon request to all employers in the City, for their use and guidance in developing and implementing their own written smoking policy. This ordinance does not prohibit an employer from designating a place of employment in its entirety as a nonsmoking area. Each employer in the City shall develop and implement a written smoking policy no later than December 31, 1990. 4. It shall be the responsibility of an owner of non- residential buildings constructed after passage of this ordinance to establish proper and adequate ventilation and seating arrangements to accommodate smokers and nonsmokers. 5. The proprietor or person in charge of a restaurant that has a seating capacity for more than 25 persons, and that wants to have smoking and nonsmoking areas shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This ordinance does not prohibit a proprietor or person in charge from designating a restaurant in its entirety as a nonsmoking area. 6. A smoking area may not be designated in: (A) an e1evator1 (B) a bUS1 (C) a public means of mass transportation~ (D) a rest room1 (E) a service line, cashier area, over-the-counter sales area, or common traffic area~ (F) a place in which smoking is prohibited by the fire marshal of the state or a political subdivision or by other law, ordinance or rule~ e e ORDINANCE NO. 1695 Page 4 (G) a public school facility; (H) a theater or movie house; (I) a library~ (J) a museum; or (K) a hospital. 7. No place other than a restaurant with a seating capacity for 25 customers or fewer, a grocery store with less than 4,000 square feet of retail floor space, a bar, or a retail store that primarily sells tobacco may be designated as a smoking area in its entirety. If a restaurant, grocery store, bar or tobacco store is designated as a smoking area in its entirety, that fact shall be posted conspicuously at all entrances to the premises. (e) Signs. 1. A proprietor or person in charge of a public place shall place signs visible at each entrance to the premise to notify persons entering the premises that smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. 2. A proprietor or person in charge of a public place shall post in a conspicuous place in any area designated as a smoking area signs stating that smoking is permitted in the area. The proprietor or person in charge shall post signs in the premises stating "No Smoking" or "No Smoking Except in Designated Areas" as appropriate. (f) Reasonable effort to prevent smoking. A proprietor or person in charge of a public place shall make a reasonable effort to prevent smoking by: I. designating any areas where smoking will be permitted as required by subsection 12 1/8-l{d); 2. posting signs as required by subsection 12 1/8-l{e); 3. asking smokers to refrain from smoking in all other areas on request of a client, patron, or employee suffering discomfort from the smoke. (g) Facilities to extinguish smoking materials. All public conveyances and public places shall be equipped with facilities for extinguishment of smoking materials. Facilities for extinguishment of smoking materials that are located in areas of public places other than designated smoking areas shall be accompanied by clearly visible signs stating "No Smoking." (h) Administration. 1. The City Manager shall adopt rules necessary under this ordinance and shall implement and determine compliance with the ordinance. 2. The City Manager may, on request of a proprietor or person in charge of a public place, waive the requirements of this ordinance if the City Manager determines that there are compelling reasons to do so and the waiver will not significantly affect the health and comfort of nonsmokers. (i) More restrictive requirements. Nothing in this ordinance shall prohibit the proprietor or person in charge of a public place from adopting nonsmOking requirements that are more restrictive than those set forth in this section. . e ORDINANCE NO. l695 Page 5 Section 2. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed~ provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3. If any provisions, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 4. Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than Two Hundred Dollars ($200.00). Section 5. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this Ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within the ten (10) days after the passage of this Ordinance. Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated~ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves . . ORDINANCE NO. 1695 Page 6 and confirms such written notice and the contents and posting thereof. Section 7. This Ordinance shall be effective from and after its passage and publication as required by law. PASSED AND APPROVED, this 26th day of March, 1990. CITY OF LA PORTE BY d.~4:.~ ~ rman . 'M610 e, Mayor ATTEST: ~-/:,~ ./tdJ' Cherie Black City Secretary APPROVED: tztuJ Knox W. Askins City Attorney