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HomeMy WebLinkAboutOrdinance No. 657 CITY OF THE COLONY, TEXAS ORDINANCE NO. 657 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE CODE OF ORDINANCES; AMENDING SECTION 10 BY ADDING ARTICLE VI RELATING TO SMOKING; REGULATING SMOKING IN CERTAIN PUBLIC PLACES IN THE CITY OF THE COLONY; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN CERTAIN PUBLIC AREAS; REGULATING SMOKING IN FOOD PRODUCTS ESTABLISHMENTS; PROVIDING FOR THE REGULATION OF SMOKING IN THE WORK PLACE; PROVIDING FOR REGULATION OF SMOKING IN TAXICABS; PROVIDING FOR THE PLACEMENT OF SIGNS; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the smoking of tobacco or weeds or other plant products has been demonstrated to have a detrimental effect on not only the smoker but others in close proximity to the smoker; and WHEREAS, it is the right of all citizens to be able to choose for themselves whether to smoke either actively or passively; and WHEREAS, it is the policy of this City to encourage food product establishments which have enclosed dining areas to provide adequate seating for those patrons who prefer a smoke- free environment; and WHEREAS, the citizens of The Colony have demonstrated a desire to voluntarily comply with city ordinances which protect public health and welfare; and WHEREAS, regulations regarding smoking can and should be enforced by the Health Department of the City of The Colony; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the Code of Ordinances of the City of The Colony be and is hereby amended by adding a new Article VI, titled "SMOKING" to Section 10 of said Code, "Health and Sanitation". Section 2. That Section 10, Article VI shall read as follows: ARTICLE VI - SMOKING Section 10-90 DEFINITIONS. A. Employee any person who is employed by an employer in consideration for monetary compensation or profit. B. Employer - any person, partnership, corporation, association or other entity, that employs one or more persons. C. Place of Employment any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including, but not limited to work areas, employee lounges, employee restrooms, conference rooms, and employee cafeterias. A private residence is not a place of employment. D. Public place 1. any enclosed indoor area that is used by the general public, or that is a place of employment, and includes, but is not limited to: stores, offices, and other commercial establishments; restaurants; public and private primary, secondary schools and institutions of higher education; health care facilities; nursing and convalescent homes; and government subsidized senior citizen residential facilities or 2. any public swimming pool owned or operated by the city, inclusive of the entire fenced area. E. Service line - any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. F. Smoke or Smoking the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment or device, or the lighting of, emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Sect ion 10-91 VIOLATIONS. A. A person corrmits an offense by: 1. knowingly or intentionally smoking in a public place and is not in an area designated as a smoking area under this ordinance. 2. knowingly or intentionally smoking in a taxicab that is not a taxicab in which smoking is permitted; or 3. being the owner, lessee or other person in charge of a public place or conveyance, and knowingly or intentionally permitting, or failing to make a reasonable effort to prevent commission, by another, of the offense described in Section 10-9lA.1 or 10-91A.2 above within such public place or conveyance. 2 B. The owner, lessee or other person in charge of any conveyance or place described in this ordinance corrrnits an offense by failing to have: 1. prominently displayed a reasonably sized notice that smoking is prohibited, permitted in designated areas only, or permitted throughout such conveyance and/or place; or 2. such conveyance or place equipped with facilities for extinguishing of smoking materials. Section 10-92 SMOKING AREAS DESIGNATED. A. The owner, lessee or other person in charge of a public place may, but is not required to designate one or more areas as smoking areas. B. If a smoking area is designated in a public place, each such smoking area shall: 1. be not larger than proportionate to the preference of the users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge; 2. be situated so the ventilation minimizes the effect of smoke in adjacent non-smoking areas, and so that air from the smoking areas is not drawn into or across a non- smoking area; 3. be designated by appropriate signs which are clearly visible to patrons in or entering the area; 4. contain ashtrays, containers, or other facilities for extinguishing smoking materials; 5. be set apart or separated from non-smoking areas; 6. be located such that non-smokers are not required to pass through them (except to a restroom); and 7. not include service line or cashier areas. C. In the event the owner, lessee or person in charge of a public place can demonstrate that the users or patrons normally requesting a smoking area constitute such a large portion of the users of the public place that it is impractical for the owner, lessee or person in charge to meet the requirements of Sections 10-92B.2 and 10-92B.5 without structural or Other physical changes or significant expenditures, the owner, lessee or person in charge may designate an area not meeting the requirements of Section 10-92B.1 (including the entire public place, except for those areas designated in Section 10-92B.7 as a smoking area. If the entire area is designated a smoking area, the owner, lessee or person in charge shall place a sign or signs at each entrance to the premises which are clearly visible and state that smoking is permitted throughout the premises. Section 10-93 SIGNS. Except as provided by the preceding section, the owner, lessee or other person in charge of a public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking is permitted only in designated areas, or that smoking is permitted throughout the premises. Signs shall be worded, "NO SMOKING, by city ordinance." "SMOKING PERMITTED IN DESIGNATED AREAS ONLY, by city ordinance.~, or "SMOKING PERMITTED THROUGHOUT THE PREMISES, by city ordinance." Section 10-94 TAXICABS. A. The holder of any franchise to operate a taxicab within the City may, but is not required to designate one or more of the taxicabs in operation pursuant to said franchise, as taxicabs in which smoking is permitted. B. Each taxicab shall be designated by notices clearly visible to persons entering or in the taxicab as a taxicab in which smoking is permitted or a taxicab in which smoking is not permitted. Section 10-95 ~ORKPLACE REQUIREMENTS. Each employer who operates a place of employment in the city shall, within three (3) months of adoption of this ordinance, adopt, implement and maintain a written smoking policy which shall contain, as a minimum, the following provisions and requirements: A. Any non-smoking employee may object to the employer about smoke in any portion of their place of employment normally frequented by said employee. Using already available means of ventilation, separation or partition, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the preferences of non-smoking and smoking 4 employees. An employer is. not'required by this provision to incur any expense, or make structural or other physical modifications to accommodate the preferences of non-smoking or smoking employees. B. If an accommodation which is satisfactory to all affected non-smoking employees cannot be reached as to any portion of the place of employment about which complaint has been voiced, the preferences of non-smoking employees shall prevail, to the end that non-smoking employees may work in an smoke-free environment. No such portion of the disputed area shall be designated as a smoking area. Provided however, the requirements of this subsection shall not apply to non-smoking employees whose job duties include serving of or routine interaction with members of the general public within designated smoking areas, nor to any private enclosed office work space occupied exclusively by smokers, even though such office may be visited by nonsmokers. G. The smoking policy shall be announced within three (3) weeks of adoption to all employees working in the place of employment and posted conspicuously in all workplaces under the employer's jurisdiction. Section 10-96 EXCEPTIONS, A. It is an exception to the application of Section II.A.1. of this ordinance that the person smoking tobacco or in possession of the burning tobacco product is in a situation in which the person is present at an event in which an entire room or confined area is used for a private social function and the event is under the control of the sponsor of the function and not the owner, proprietor or person in charge of the public place. This exception includes, but is not limited to, areas of public places, such as hotels, which are normally rented out to private groups, and to areas of bowling centers used by bowling leagues during league play. Section 3. The violation of any provision of this ordinance shall be punishable by a fine of not less than Fifty ($50.00) Dollars and not more than Two Hundred ($200.00) Dollars for each offense. Second and subsequent offenses shall be punishable by a fine of not less than One Hundred ($100.00) Dollars and not more than Two Hundred ($200.00) Dollars. Each day a violation of this ordinance continues shall constitute a separate offense. Section 5. If any section, article paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Gouncil hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. That this ordinance shall be in effect from and after it's passage. PASSED AND APPROVED this ~..?-~ay of ~-~.~f , 1990. William W. Manning, Ma¥~r ATTEST: Patti A. Hicks, City Secretary 6