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HomeMy WebLinkAboutOrdinance 1445 · ORDINANCE NO. 1445 WHEREAS, the smoking of tobacco or weeds or other plant products has been demonstratpd 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 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, it is desirable to regulate publicly owned facilities to assure a smoke-free environment; and, WHEREAS, it is desirable to authorize employers to designate non-smoking areas in certain workplaces; and, WHEREAS, the citizens of North Richland Hills 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 only on a complaint basis; and, WHEREAS, such enforcement would be effective without substantial additional cost to the city; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHlAND HILLS, TEXAS; that SECTION 1. DEFINITIONS (1) ADMINISTRATIVE AREA means the area of an establishment not generally accessible to the public, including but not limited to individual offices, stockrooms, employee lounges, or meeting rooms. (2) EMPLOYEE means any person who is employed by any employer for direct or indirect monetary wages or profit. (3) ENCLOSED means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. (4) HOSPITAL means any institution that provides medical, surgical, and overnight facilities for patients. (5) RETAIL AND SERVICE ESTABLISHMENT means any establishment which sells goods, food or services to the general public. Ordinance No. 1445 Page 2 (6) PUBLIC SERVICE AREA means any area to which the general public routinely has access for municipal services or which is designated a public service area by the city. (7) SMOKING means the combustion of any cigar, cigarette, pipe, or similar article, using any form of tobacco or other combustive substance in any form. (8) WORKPLACE means any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location. SECTION 2. SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS (a) A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas: (1) an elevator used by the public; (2) a hospital or nursing home corridor providing direct access to patients' rooms; (3) any public meeting room or public service area of any facility owned, operated or managed by the city while such area is being used for a public meeting; (4) any retail or service establishment serving the general public, including, but not limited to, any department store, grocery store, drug store, or restaurant; (5) an area marked with a no smoking sign in accordance with Subsection (b) by the owner or person in control of a hospital, nursing home, or retail or service establishment serving the general public; or (6) any facility of a public elementary or secondary school; (7) an enclosed theater, movie house, library, museum, or public transit vehicle. (b) The owner or person in control of an establishment or area designated in Subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment. The sign shall contain the words "No Smoking, City of North Richland Hills Ordinance", the universal symbol for no smoking, or other language that clearly prohibits smoking. Ordinance No. 1445 Page 3 (c) Every hospital shall: (1) allow all patients, prior to elective admission, to choose to be in a no smoking patient room; and (2) require that employees or visitors obtain express approval from all patients in a patient room prior to smoking. (d) The owner or person in control of an establishment or area described in Subsection (a) (4) or (a) (6) may designate an area, including but not limited to lobbies, meeting rooms, or waiting rooms, as a smoking area; provided that the designated smoking area may not include: (1) the entire establishment; (2) cashier areas or over the counter sales areas; (3) the viewing area of any theater or movie house (e) It is a defense to prosecution under this ordinance if the person was smoking in a location that was: (1) a designated smoking area of a facility or establishment described in Subsection (a) (4) or (a) (6) of this section which is posted as a smoking area with appropriate signs; (2) an administrative area or office of an establishment described in Subsection (a) (4) or (a) (6) of this section; (3) a retail or service establishment serving the general public with less than 500 square feet of public showroom or service space or having only one employee on duty, unless posted as designated in Subsection (a) (5) of this section; (4) a retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements. SECTION 3. REGULATION OF SMOKING IN FOOD ESTABLISHMENTS (a) A food establishment which has indoor or enclosed dining areas shall provide separate indoor or enclosed dining areas for non-smoking patrons. (b) A non-smoking area must: (1) be separated, where feasible, from smoking areas by a minimum of four feet of contiguous floor space; Ordinance No. 1445 Page 4 (2) be ventilated, where feasible, and situated so that air from the smoking area is not drawn into or across the non-smoking area; (3) be clearly designated by appropriate signs visible to patrons within the dining area indicating that the area is designated non-smoking; and (4) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of the non-smoking area. (c) Non-dining areas of any food establishment affected by this section to which patrons have general access, including, but not limited to, food order areas, food service areas, restrooms, and cashier areas, shall be designated as non-smoking areas. (d) It is a defense to prosecution under this ordinance that the food establishment is: (1) an establishment which has indoor seating arrangements for less than 50 patrons and has posted conspicuously a sign which states "This Establishment Does Not Provide a No Smok i ng Area II . SECTION 4. REGULATION OF SMOKING IN THE WORKPLACE (a) Any employer may designate any workplace, or portion thereof, as a non-smoking area. Any employer who chooses to designate any workplace, or portion thereof, as a non-smoking area shall: (1) prominently display reasonable sized signs indicating that smoking is prohibited; and (2) provide facilities in sufficient numbers and at such locations to be readily accessible, for the extinguishment of smoking materials. (b) It shall be unlawful for any person to violate an employer's smoking policy, adopted, implemented, and maintained in accordance with Subsection (a). (1) It shall be a defense to prosecution under this section that the workplace does not have prominently displayed reasonably sized signs indicated that smoking is prohi bited. (2) It shall also be a defense to prosecution under this section that facilities for the extinguishment of smoking materials were not located in said workplace in sufficient numbers and at such locations as to be readily accessible. Ordinance No. 1445 Page 5 SECTION 5. PENAL TIES Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this ordinance shall be fined an amount not more than two hundred dollars ($200.00). This ordinance does not require the owner, operator, manager or any employee of an establishment to report a violation or to take any action against any individual violating this ordinance. SECTION 6. This ordinance shall be cumulative of all provlslons of ordinances of the City of North Richland Hills, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event conflicting provisions of such ordinances are hereby repealed. SECTION 7. This ordinance shall be enforced by the Police Department on a complaint basis only. SECTION 8. If any phrase, clause, sentence, paragraph or section of this ordinance sha11 be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 9. This ordinance shall be in full force and effect from and after April 13, 1987, and its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 13th day of April, 1987. ~~ Dan Echols, Mayor ATTEST: ~ ~ /J 'j "- -~44'f~.¿,t¿/ ~ J nette Rewis, City Secretary APPROVE TO FO ~ AND LEGALITX: the City LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF Tarrant Before me, the undersigned authority on this day personally ap- peared Virginia Rankin known to me to be a credible person, who first being sworn, deposed and upon her oath said: That she is the C.A.D. of the Mid Cities Daily, a newspa- per which has been regularly and continuously published and of general circulation in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal and that he caused said notice to be published in 4/22/87 said newspaper on the following date(s). That the attached is a true and correct copy of said notice as published on said date(s) in said Sworn to and subscribed before me, the 23 day ofApr i,l 19~. . Notary Pu hlie, COLLIN County, Texaø ORDINANCE NO. 1445 An ordinance regulat- ing the smoking of to- bacco or other weeds within the City of Nortb Richland Hills; defining terms; prohibiting smoking in certain ar- eas; regulating smoking in food establishments, hospitals, the workplace and other areas; provid- ing for enforcement; providing for a fine of not more than S2ÓO for violation and providing a Savings clause and ef- fective date. Passed and approved on April 13, 1987 by the City Council of North Richland Hills, Texas. /s/ Dan Echols Mayor ATTEST: /s/ Jeanette Rewis City Secretary APPROVED AS TO FORM AND LEGALITY: /s/ Rex McEntire Attorney for the City MCDN CPN #709 PUB.: 4/22/87