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HomeMy WebLinkAboutOrdinance - 9127-1987 - Amending Chapter 12 Code Of Ord. Public Health New Article IX Smoking Public - 09/24/1987r I DGV:dw First Reading September 24, 1987 Agenda Item #16 Second Reading October 22, 1987 Agenda) Item #5 ORDINANCE NO. 9127 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PUBLIC HEALTH BY ADDING THERETO A NEW ARTICLE IX PERTAINING TO SMOKING IN PUBLIC PLACES; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Surgeon General of the United States has reported that inhalation of tobacco smoke involuntarily can cause disease, including lung cancer, in healthy nonsmokers in the 1986 Surgeon General's Report; and WHEREAS, the City Council of the City of Lubbock recognizes on the basis of the Surgeon General's Report and many other sources that envi- ronmental tobacco smoke has come to be recognized as a health hazard to the general public, particularly in confined spaces; and WHEREAS, the citizens of the City of Lubbock have demonstrated a desire that the City of Lubbock regulate environmental tobacco smoke in public places by response to a January, 1987, telephone survey conducted by the UMS Research Group; and WHEREAS, the latest survey of the Texas Department of Health indicates 27 percent of Texas residents smoke, while the above-mentioned local survey indicates only 22 percent of Lubbock residents smoke; and WHEREAS, the City Council of the City of Lubbock believes that the citizens of the City of Lubbock should have the right to choose for themselves on an individual basis whether to smoke either actively or passively; and WHEREAS, it is the desire of the City Council of the City of Lubbock to balance the interests of smokers against the potential health hazard to nonsmokers in a manner that will result in the minimum possible burden on those persons regulated while still meeting the duty to protect the public's health; and WHEREAS, the City Council of the City of Lubbock finds it is in the best interest of the health, safety and welfare of the citizens of the City of Lubbock to restrict smoking in public places to areas specifically designated for smoking; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 12 of the Code of Ordinances of the City of Lubbock, Texas, BE and is hereby amended by adding thereto a new Article IX, which shall read as follows: ARTICLE IX. SMOKING IN PUBLIC PLACES Sec. 12-245. Definitions. For the purpose of this article, the following definitions shall apply: 1. 2. 3. 4. Common traffic area means an area within a building primarily used for the unobstructed passage of pedestrian traffic through the building. Enclosed means closed in by a roof and four walls with appropriate openings for ingress and egress. Public meeting means a meeting open to the public and held in an enclosed area of a public place. Public place means an enclosed, indoor area that is used by the general public, and includes but is not limited to: A. all or any part of a building used for local governmental purposes; B. a retail store, office, or other commercial establishment; C. a grocery store; 0. a restaurant, cafeteria, delicatessen, commissary, or mobile food unit; E. a public primary or secondary school; F. a public institution of higher education; G. a restroom; H. a theater, movie house, auditorium, or arena; I. an elevator; J. a library or a museum; K. a health care facility; L. a child care nursery; M. a court room, or a jury waiting or deliberation room; N. a recreational facility; O. a service line, cashier area, over-the-counter sales area, or common traffic area. -2- 5. 6. 7. 8. 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; or B. the combustion of any cigar, cigarette, tobacco, or any similar article or any other combustible substance in any manner or in any form; or C. emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind. Employee means any person who is employed by an employer in consideration for monetary compensation or profit. Employer means any person, partnership, corporation, associa- tion, or other entity that employs one or more persons. Place of employment means an enclosed, indoor area under the control of an employer not used by the general public 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. The term does not include a private residence. Sec. 12-246. Offense; Penalty. (1) A person commits an offense if at a public meeting or in a public place at an area not designated as a smoking area the person smokes and fails or refuses to extinguish smoking materials or move to a designated smoking area upon a request by any person to do so. (2) The proprietor or person in charge of a business or other public place commits an offense if: A. the proprietor or person in charge allows smoking but fails to comply with the requirements of this article as to designation of a smoking area, including the posting of signs; or B. the proprietor or person in charge fails or refuses upon the request of any person to ask a person smoking while not in a designated smoking area to extinguish smoking materials or move to a designated smoking area. (3) This article does not require the owner, operator, manager, or any employee of an establishment to report a violation of this ordinance or to take legal action against any individual violating this article. (4) The responsibility for administering and enforcing this article shall be that of the Lubbock City Health Department. A reg- -3- istered sanitarian or any affected person may file a complaint in Municipal Court for a violation of this act. (5) Any person convicted of violating this article shall be guilty of a Class C misdemeanor punishable by a fine of not less than one dollar ($1.00) nor more than one thousand dollars ($1,000) as set by a judge or jury. Sec. 12-247. Designation of Smoking Areas. (1) A proprietor or person in charge of a public place who desires to permit smoking in the public place, shall designate areas as smoking areas in proportion to the number of persons normally requesting a smoking area. The proprietor or person in charge of the public place shall verify, upon request of the City Health Department, the number of persons normally requesting a smoking area. (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) The proprietor or person in charge shall provide ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the smoking area. (4) The proprietor or person in charge is encouraged to locate the designated smoking area so that air from the smoking area is not drawn into or across the nonsmoking area. (5) The proprietor or person in charge shall separate the desig- nated smoking area, where feasible, from a nonsmoking area by a wall or by a minimum of four feet of contiguous floor space. (6) The proprietor or person in charge shall provide a sign in those areas of the building where smoking is allowed. (7) The proprietor or person in charge is encouraged to attempt to locate the designated smoking area so that nonsmokers shall not have to travel through the smoking area to get to the cashier or a restroom. (8) A smoking area may not be designated in: A. an elevator; or B. a service line, cashier area, over-the-counter sales area; or C. a restroom; or -4- D. a place in which smoking is prohibited by the fire marshal or by any other law, ordinance, or regulation. (9) In the event a public place has common areas not the responsi- bility of individual tenants, the building owner or his representative shall be responsible for application of this article to such common areas. Sec. 12-248. Signs. (1) 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 smoking is prohibited or that smoking is prohibited except in areas designated as smoking areas. This provision does not include exits used exclusively as emergency exits. (2) A proprietor or a person in charge of a public place shall conspicuously post signs in each area designated as a smoking area stating that smoking is permitted in the area. The proprietor or person in charge may post signs in the premises stating 11No Smoking" or 11 Smoking Permitted in Designated Areas" or equivalent sign as appropriate. Sec. 12-249. Exceptions. Nothing herein shall preclude the designation of the following premises as nonsmoking areas, but the restrictions contained herein shall not apply: (1) to those portions of a facility in which private functions are being held and are under the control of the sponsor of the function and not the owner or operator of the facility; or (2) to an individual participating in an authorized theatrical performance; or (3) to an establishment with less than 600 square feet of customer service area; or (4) to a bar or cocktail lounge as defined by the zoning ordinance of the City of Lubbock in Sec. 29-3(12) of the Code of Ordinances, or any separate portion of a public place which is used primarily for sale and consumption of alcoholic beverages; or (5) to a retail store that primarily provides tobacco products; or (6) a common traffic area of 100,000 square feet or more. -5- Sec. 12-250. Smoking in the workplace. All employers who operate a place of employment are encouraged to develop, implement and maintain a written policy that accommodates the wishes of employees by designating smoking and nonsmoking areas under the same requirements as public areas. Sec. 12-251. Smoking in Taxicabs, Limousines and Touring Vehicles. The holder of any permit to operate a taxicab, limousine or touring vehicle within the City may, but is not required to, designate one or more of the taxicabs, limousines or touring vehicles operated pursuant to said permit or permits as vehicles in which smoking is permitted. Each such vehicle shall be designated as a vehicle in which smoking is permitted or a vehicle in which smoking is not permitted. Notices designating the vehicle shall be clearly visible to persons entering the vehicle or to persons in the vehicle. SECTION 2. THAT violation of any provision of this Ordinance shall be deemed a misdemeanor punishable by a fine of not less than one dollar ($1.00) nor more than one thousand dollars ($1,000.00). SECTION 3. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this --=24 .... t_h _____ day of September , 1987. Passed by the City Council on second reading this 22nd day of Octoberl , 1987. ATTEST-:.. APPROVED AS TO CONTENT: ·r=·~~ -/'~ Rita P. Harmon, Assistant City Manager for Public Safety & Services B. C. McMINN, MAYOR ~ED AS TO FORM~ c__L, oAo;SJ £L . D~G. Vandiver,Ftrst Assistant City Attorney -6- THE STATE OF TEXAS COUNTY OF LUBBOCK R-48 Before me Frances H• rn1nd1z a Notary Public in and for Lubbock County. Texas on this day personally appeared. Twila Auftl I, Account Manu!er of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal Morning. Evening and Sunday. who being by me duly sworn did depose and say that said newspaper has been published continuously for more than fifty-two weeks prior to the first insertion of this ---L .... e .. l!..,a..._._l __._,N,...o._t .... i_c_..e...__ ________ _ ______________ No. 825331 at Lubbock County. Texas and the attached print- is a true copy of the original and was printed in the Lubbock ed copy of the Leltel Notice Avalanche-Journal on the following dates: 266 word1@ .88 = t234.08 October 2s, November J, 1981 l : •' -~~ANO,.ffQJ LUBBocK Av ALANCHE:SouRN AL Southwestern Newspapers Corporation , AN ORDINANCE AMENDING CHAPTER 12 OF TME CODE OF ORDIN1'.NCES OF' THE c,tv Ol' LUBBOCK, TEXAS, WITH RE• GARD. TO PUBLIC'HEALTH av ADDING THERETO .A NEW AR· TlCLE· IX PERTAINING TO SMOKING IN PUBLIC PLACES; PROV.IDING A PENALTY; PRO-, .. VIDING A, SAVINGS CLAUSE; AND PROVIDING FOR PUBLICA-'rtON. 1"' Subscribed and sworn to before me this ..4.tb-dai· o November . 19 .. . A_~' NCES HERNANDEZ. NOT."RY PU In And For Thi State Of Texas FORM68-10 My Commission Expires July 6, 199 ' ' ORDINANCE; ffl31 ' AN ORDINANCE AEPEALING ORDINANCES NO. ~Tet A.NO 1119A OF.THE CITY. OF.LU&-BOCIC; ALTERING THI; PRIMA FACIE SPEED LIMITS ON CER• TAIN PORTIONS OF SLIDE ROAD.' AS' HEREINAFTER MORE PARTICULARLY 01!'· SCRIBED fN THE BODY OF THIS ORDINANCE·; DIRl;CTING PLACEMENT'OF SIGNS WITH RESPECT THERETO; REPEAL- 1 NG CCU.IFI.ICT,ING OROI• NANCflS TO THE EXTENT OF --------------------------------------------1 SUCtiC0NFLICT;APPLICATION , OF THI$ OROINANCe ONLY TO STREETS OR HIGHWAYS NA.MEO HEREIN; PROVIDING . THIS ORDINANCE SHALL BE CUMULATIVE; PRDVID.ING A ·PENALTY; PROVIDING II SAV- INGS CLAUSE AND PROVIDING .FOR P\UilLICATION. " ORbt NANCE .,1:i, ' AN ORDINANCI!' ABANDON• lNG AND CLOSING TWO UNDER. GROUlfO VTILITY EASEMENTS ,AND A SWITCH ENCL0$URE. EASE.ME NT 1.0CATED ttf WOOOI.ANI;) PARie'. ADDITION · .1'0 .. THE CITY OP LUBStlCI{, LUBBOCK ~OUN:rY, TEXA$, EACH<!F WHICtf ISMORI; PAR• TICULARLY DESCRIBED. HISRli~ IIIIAFTER. IN THIS OROI IV.NCE: DIRECTING THE CIT,Y ENGi• t(EER TO MARK THE OFFICIAL MAPS OF THE CITY. TO RE• ;FLECTSA.10 ABANDONMENT ,A.ND CLOSING; PROVIDING A SAVINGS CLAUSE; ANO PRO- VIDING FOR PUBLICATION. . -~-ORO!NAHCE Hl>i . ' ' AN ORDINANCE INCLUDING TRENCH EXCAVATION RE• QUIREMENTS IN THE BUILD,, ING CODE OF :THE CITY OF ,LUBBOCK 01 ACCORCANCE WITH RECENTLY PASSED ;STATE LAW; PROVIDING TRENCH SAFETY SYSTEMS EX• CAVATION PERMITS WITHIN THE CITY AND IN THE.EXTRA.- TERRITORIAi. LIMITS OF THE . CITYrPROVIDING FOR INSPEC, TION; PROVIDING FOR NON- COMPLIANCE CORRECTION : AND APPEAi. WlTH RESP'l;CT 'TO NONC.OMPLIANCE OECI• . 1101ft: Dl!ll't NING A NUISANCE .S ORDll!l,t.14.CEJ 'A 'PdA1,1'¥, . lilMITS. 'S(,VINGI 2:use AND PVBUCATIO'N.