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Home My WebLink AboutOrdinance - 9848-1995 - Amending Chapter 12 Of The Code Of Ordinances With Regard To Public Health - 10/19/1995II ! 1 1 1 First Rea ing October 1 , 1995 1 Item #14B Second Reading November 9, 1995 Item #6 I ORDINANCE NO. 9848 AN 0 INANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY q LUBBOCK, TEXAS, WITH REGARD TO PUBLIC HEALTH BY ' AMENDINGj ARTICLE IX WITH REGARD TO DEFINITIONS; WITH REGARD TO THE ! PENALTY FpR VIOLATION; WITH REGARD TO ENFORCEMENT RESPONSffiiLITY; I WITH REG~ TO PROIDBITING SMOKING IN GOVERNMENT BUILDINGS; WITH ! I REGARD Tq SIGNAGE REQIDRED WHEN SMOKING IS PERMITTED; WITH REGARD j 1 TO POSSES$ION OF TOBACCO BY MINORS; WITH REGARD TO SELF-SERVICE · MERCHA.Nij>ISING OF TOBACCO PRODUCTS FOR SALE; WITH REGARD TO DISTRIB~ON OF FREE SAMPLE TOBACCO PRODUCTS TO MINORS; PROVIDING A ' PENALTY; fROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. ' ! j WHE~AS, the U.S. Department of Health and Human Services estimates that more i than 90 percdnt of the current smokers began smoking as children or adolescents and that each I day another j,ooo children begin smoking in the United States; and AS, the City Council of the City of Lubbock finds it is in the best interest of the 1 health, s d welfare of the citizens of the City of Lubbock to restrict possession of tobacco I products , ors; NOW THEREFORE: I I BE IT ORD~D BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: . I 1 SECTION 1. THAT the Code of Ordinances ofthe City of Lubbock, Texas, is hereby I amended by Ftrlding new subsection numbered (9) to Section 12-245, which shall read as follows: : 1 1! 1 (9) Single-pack means any cigarette, cigar, tobacco, or smokeless tobacco product sold in less than carton or equivalent units. ! I ON 2. THAT subsections (d) and (e) of Section 12-246 of the Code of Ordinances . I I of the City o Lubbock, Texas, are hereby amended to read as follows: 'I I (d) The responsibility for administering and enforcing this article shall be that . of th Lubbock Environmental Inspection Services Department. A registered sanitarian ~ic1e. affected person may file a complaint in Municipal Court for violation of this , (e) Any person convicted of violating this article shall be guilty of a Class C misd/emeanor and punishment upon conviction shall be by such fine as is provided for by · I Se"4on 1-4 of the Code o~Ordinances of the City ofLu~bock. . ' SEC~ON 3. THAT Section 12-248 of the Code ofOrdmances of the Ctty of Lubbock, I Texas, is hereby amended to read as follows: . II .I I II I I I I I I la) A proprietor or person in charge of a public place shall place signs visible at each public entrance to the premises to notify persons entering the premises that the premi$es is a "SMOKE FREE ENVIRONMENT" or a "SMOKING ENVIRONMENT." A proprietor or person in charge of a public place who desires to allow smoking in designated areas may designate the premises as a smoke free environment if separate rooms and ventilation systems are provided for any designated smoking areas. I ~) A proprietor or person in charge of a public place who permits smoking in designated areas shall conspicuously post signs in each area designated as a smoking area statin~ that smoking is permitted in the area. i I SECljlON 4. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a 8fction, to be numbered Section 12-252, which shall read as follows: I Sec.1'2-252. Possession of tobacco by minor. (a) A person who is younger than eighteen (18) years of age commits an offenre if the person possesses, purchases or accepts receipt of a cigarette or other tobacco product. I I ! (b) This section shall not prohibit a person younger than eighteen (18) years of age from possessing a cigarette or other tobacco product while in the presence of a 1 pare~t or legal guardian. I SEC~ ON S. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby amended by adding a $ection to be numbered Section 12~253, which shall read as follows: I I I Sec. r2~253. Self-service merchandising. I I ! It shall be unlawful for any person, business, or tobacco retailer to sell, permit to · be s~ld, offer for sale or display for sale any single~pack tobacco product by means of I self~~ervice merchandising in such a manner that an employee does not have a clear view I of the tobacco product from the employee's usual place of work. ,, sock oN 6. THAT the Code of Ordinances, City of Lubbock, Texas, is hereby I amended by,adding a section to be numbered Section 12-254, which shall read as follows: i Sec./12-254. Free samples. i I Distribution of free samples of tobacco products to minors is prohibited in any publ c place. I I I 2 I I I SECTION 7. THAT violation of any provision of this ordinance shall be deemed a misdemeanor; punishable as provided by Section 1 M4 of the Code of Ordinances of the City of 1 Lubbock. i I SEC11ION 8. THAT should any section, paragraph, sentence, clause, phrase or word of I this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shkll not be affected thereby. I I SECTION 9. TIIAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication I 1 provided by taw. I AND IT IS so ORDERED. I day of _ _,O::..::c=t=ob=e=r..._ _ _,, 1995. I Passed by~ City Council on first reading this 19th 1! Passed by th~ City Council on seco reading this -lJfU..U.- ll I !I i ! I ATTEST: DougGoodih I Communityls es II APPROVE~ AS TO FORM: I 3 THE STATE OF TEXAS COUNTY U B Before me \ otary Public in and for Lubbock County, Texas on this day personally appear of the Southwestern Newspa- pers Corporation, publishers of the Lubbock Avalanche-Journal-Morning, and Sunday, who being by me duly sworn did depose and sayithat aid ne sp r ~been published continuously for more than fifty-two weeks pri- or to the first insertion of this -"'~~L_...b!.p.P.~e~e;~=------------------- -+-.~ ................ -_..t Lubbock County, Texas and the attached print- LUBBOCKAVALANCHE~OURNAL Morris Communication rorporation i I "I Subscribed and sworn to jbefore me this.,_ _ __.cl~--' 'Il l FORM58·10 , OP. lf o i~nal and was printed in the Lubbock NO ARY PUBLIC in and for the State of Texas My Commission Expires .. , ............... __ _ ...._____;_;·~'--"--1 _...day o.._f _tJ.::....._o_tJf_JV\__,;_ber ___ t9 'Is-- FORM58·10 -~IOOI=>'"...ooo:o"'....ooooo'"..COV~ .,...-,-• .._-,,,..,. PATTI TATE I · • Notary Pu1J11c. Slate ol Texas § ""'::--, ~ ... ~, My Comm1s.~·on Ex1.11res 6·30·96 § ~~~~~~~J