HomeMy WebLinkAboutOrdinances (O-89-712)-04/18/1989
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ORDINANCE NO.
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0-89-712
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AN ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND AT PUBLIC
MEETINGS, ESTABLISHING DEFINITIONS, ALLOWING DESIGNATION OF
SMOKING AREAS, REQUIRING THE POSTING OF SIGNS, REQUIRING
ENFORCEMENT BY INDIVIDUALS, PROVIDING FOR THE ESTABLISHMENT OF
WRITTEN SMOKING POLICIES BY EMPLOYERS, ESTABLISHING A PENALTY
AND AUTHORIZING PUBLICATION.
WHEREAS, the city Council of the City of Colleyville deems
that the adoption of the provisions contained in this
Ordinance is necessary to protect the public health,
comfort and environment in public places and at
public meetings within the City,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS AS FOLLOWS:
Sec. 1:
That Chapter 7 of the Colleyville Code be amended by
adding thereto a section 6 providing as follows:
"section 6. Smoking in public places and at public
meetings.
A. DEFINITIONS
As used in this section:
(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 that is used by the public or
that serves as a work place, and includes:
(a) all or part of a building used
for state or local governmental
purposes;
(b) a retail store, office or other
commercial establishment;
(c) a grocery store;
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0-89-712
(d) a restaurant or cafeteria;
(e) a public primary or secondary
school;
(f) a public institution of higher
education;
(g) a school bus;
(h) a rest room;
(i) a health care facility;
(j) a theater, movie house,
auditorium or arena;
(k) an elevator;
(1) a public means of mass
transportation, including associated
terminals;
(m) a courtroom;
(n) a jury waiting or deliberation
room;
(0) a library;
(p) a child care nursery;
(q) a recreational facility;
(r) a place of employment;
(s) a place providing personal
services; or
(t) a service line, cashier area,
over-the-counter sales area, or common
traffic area.
(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;
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(b) a lighted pipe, cigar or
cigarette of any kind or any other
smoking equipment or device; or
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(c) emitting or exhaling the smoke of
a pipe, cigar or cigarette of any kind
or any other smoking equipment or
device.
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(4) "Employee" means a person who is
employed by an employer in consideration
for monetary compensation or profit.
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(5) "Employer" means a person,
partnership, corporation, association or
other entity that employs one or more
persons.
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(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.
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B. OFFENSE - PENALTY
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(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
Section c.
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(2) It is an exception to the application
of Subsection (A) 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 and seating
arrangements are under the control of
the sponsor of the function and not of
the proprietor or person in charge of
the place;
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(b) as a participant in an authorized
theatrical performance.
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0-89-712
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c. DESIGNATION OF SMOKING AREAS
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(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 governmental
building, the governmental entity
responsible for managing and maintaining
the building may designate areas as smoking
areas.
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(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
non-smoking areas.
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(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
accommodated. This Section does not
prohibit an employer from designating a
place of employment in its entirety as a
nonsmoking area.
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(4) The proprietor or person in charge of
a restaurant that has a seating capacity
for more than 25 persons shall designate a
smoking area proportionate in size to the
number of customers normally requesting a
smoking area. This Section does not
prohibit a proprietor or person in charge
from designating a restaurant in its
entirety as a nonsmoking area.
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(5) Except as provided in Subsection (6)
of this section, a smoking area may not be
designated in:
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(a) an elevator;
(b) a school bus;
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Ordinance 0-89-712
(c) a public means of mass
transportation;
(d) a rest room;
(e) a service line, cashier area,
over-the-counter sales area, or common
traffic area; or
(f) a place in which smoking is
prohibited by the fire marshall of the
state or a political subdivision or by
other law, ordinance, or rule.
(6) Subsection (5) of this section does
not apply to a service line, cashier area,
over-the-counter sales area, or common
traffic area in a sports or entertainment
facility with a capacity of more than
5,000.
(7) No place other than a bar or a retail
store that primarily sells tobacco may be
designated as a smoking area in its
entirety. If a 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.
D. SIGNS
(1) A proprietor or person in charge of a
public place shall place signs visible at
each entrance to the premises 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 may post signs in the
premises stating "No Smoking" or "No
Smoking Except in Designated Areas" as
appropriate.
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Ordinance 0-89-712
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E. 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 this Ordinance;
(2) posting signs as required by this
Ordinance; and
(3) asking smokers to refrain from
smoking in all other areas on request
of a client, patron, or employee
suffering discomfort from the smoke.
F. 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".
G. EMPLOYER'S WRITTEN SMOKING POLICY.
Each employer required to adopt a
written smoking policy under this Ordinance
shall adopt the policy:
(I) not later than March 31, 1990, if the
business was established before January 1,
1990; or
(2) not later than 90 days after the date
on which the business begins to operate if
the business is established on or after
January 1, 1990.
That the commission of an offense as defined herein
shall constitute a Class C misdemeanor and shall be
punishable by a fine not to exceed $500.00 for each
offense.
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Ordinance 0-89-712
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Sec. 3:
The City Secretary is hereby authorized and directed
to cause publication of the descriptive caption and
penalty clause hereof as an alternative method of
publication provided by law.
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AND IT IS SO ORDERED.
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Th~ ~st reading ~9A pu~~c hearing being conducted on the
d/ V day of 'fll~ , 1989.
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The s~ond reading ~iC hearing being conducted on the
4~ day of , 1989.
The ~~d reading ~iC hearing being conducted on the
) fl/day of , 1989.
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dIJadtu ~
LaVada JOhnS~
City Secretary
Mayor
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LLE
CITY OF
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..s
FORM:
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