HomeMy WebLinkAboutORD 06-022 ORDINANCE NO. 06-022
ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER
FOUR OF THE CODE OF ORDINANCES REGULATING
SMOKING IN PUBLIC PLACES; CREATING OFFENSES;
PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution,and that breathing secondhand smoke(also known as environmental
tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease,
stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in
1999 that secondhand smoke is responsible forthe early deaths of up to 65,000 Americans
annually; and,
WHEREAS, the Public Health Service's National Toxicology Program (NTP) has
listed secondhand smoke as a known carcinogen; and,
WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena
Montana, before, during and after a local law eliminating smoking in workplaces and public
places was in effect, has determined that laws to enforce smoke-free workplaces and
public places may be associated with a reduction in morbidity from heart disease; and,
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory function,
including asthmatics and those with obstructive airway disease. Children exposed to
secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant
death syndrome, developmental abnormalities, and cancer; and,
WHEREAS, the Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces,deems impaired respiratory function
to be a disability; and,
WHEREAS, the U.S. Surgeon General has determined that the simple separation
of smokers and nonsmokers within the same airspace may reduce, but does not eliminate,
the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency
has determined that secondhand smoke cannot be reduced to safe levels in businesses
by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate
matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and,
WHEREAS, The Centers for Disease Control and Prevention has determined that
the risk of acute myocardial infarction and coronary heart disease associated with
exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively
small doses such as those received from secondhand smoke or actively smoking one or
two cigarettes a day, and has warned that all patients at increased risk of coronary heart
disease or with known coronary artery disease should avoid all indoor environments that
permit smoking; and,
WHEREAS, a significant amount of secondhand smoke exposure occurs in the
workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk
of heart attack and higher rates of death from cardiovascular disease and cancer, as well
as increased acute respiratory disease and measurable decrease in lung function; and,
WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to
respiratory disease, lower productivity, higher cleaning and maintenance costs, increased
health insurance rates, and increased liability claims for diseases related to exposure to
secondhand smoke; and,
WHEREAS, smoking is a potential cause of fires; cigarette and cigar burns and ash
stains on merchandise and fixtures causes economic damage to businesses; and,
WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to
health, and a material public nuisance; and,
WHEREAS, the purposes of this ordinance are (1) to protect the public health and
welfare by prohibiting smoking in public places and places of employment; and, (2) to
guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the
need to breathe smoke-free air shall have priority over the desire to smoke;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT a new Chapter Four be enacted to read as follows:
"Chapter 4
SMOKING IN PUBLIC PLACES.
ARTICLE I. GENERAL PROVISIONS.
Sec. 4-1. Definitions.
(1) Employee means any person who is employed in consideration of direct or
indirect monetary wages, commissions or profits and any contract employee.
Employee includes a person who volunteers for a non-profit entity.
(2) Employer means a person that employs the services of one or more
individuals.
(3) Enclosed Area means a space that is enclosed on all sides by solid
impermeable walls that extend from the floor to the ceiling, inclusive of
windows and doors.
(4) Fraternal Organization means a nonprofit organization that:
(a) is chartered by a national organization in existence since 1953;
(b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal
Revenue Code;
(c) operates under a lodge system with a representative form of
government; and,
(d) is organized for the exclusive benefit of the members of the
organization and their dependents.
(5) Operator means the owner or person in charge of a public place or
workplace, including an employer.
(6) Public Place means an enclosed area or any portion thereof that is
accessible by the public or which the public is admitted by general invitation
or that is an enclosed workplace.
(7) Private Club means any building, premise or portion thereof which is
permitted by the state as a private club for the storing, possession an
dispensing for on premises consumption of alcoholic beverages. The term
"private club" additionally includes a premise operated by an organization
which is not available to and not customarily used by the general public and
entry and privileges thereto are established by regulations of that
organization distinct from a Texas Alcohol and Beverage private club
membership.
(8) Retail Tobacco Store means a retail store used primarily for the sale of
tobacco products and accessories and in which the sale of other non-
tobacco products is incidental.
(9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold,
or carry a lighted tobacco or tobacco like product such as cigarettes, cigars,
pipes, or other such device used for smoking.
(10) Workplace means an enclosed area under the control of a public or private
employer in which employees work or have access during the course of their
employment.
Sec. 4-2. Smoking Prohibited.
(A) A person commits an offense if the person smokes in an enclosed public
place within the City of Beaumont.
(B) A person commits an offense if the person smokes in an enclosed area in a
building or facility owned, leased, or operated by the City.
(C) A person commits an offense if the person smokes in an enclosed area of
a workplace.
(D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person
commits an offense if the person smokes within a distance of twenty-five
feet(25')from a primary public pedestrian entrance to or an operable window
of an enclosed area in which smoking is prohibited.
(E) The owner, operator or other person in control of a public place commits an
offense if the person fails to take reasonable steps to prevent or stop another
person from smoking in an enclosed area in a public place.
(F) A person commits an offense if the person smokes in the seating area of an
outdoor arena, stadium or amphitheater.
Sec. 4-3. Signs Required.
(A) The owner, operator, or other person in control of a public place orworkplace
where smoking is prohibited shall conspicuously post a sign at each entrance
to the premises clearly stating that smoking is prohibited on the premises or
is only permitted in designated areas of the premises.
(B) The owner, operator, or other person in control of a public place shall
conspicuously post signs in areas where smoking is permitted under Article
II (Exceptions).
(C) A sign posted under this section shall include the telephone number at the
Public Health Department where a person may call to make a complaint
under this chapter.
(D) It is an affirmative defense to prosecution under this chapter that an owner,
operator, or other person in control of the premises failed to post a sign
required under this section.
Sec. 4-4. Employer Responsibilities.
(A) Except as provided in Subsection (B), an employer shall provide a smoke-
free workplace for employees.
(B) If an employer requires employees to work in an area described in Article II
(Exceptions), the employer shall make reasonable accommodations for an
employee who requests assignment to a smoke-free area.
(C) An employer shall notify each employee and applicant for employment in
writing that:
(1) smoking in the workplace is prohibited; or
(2) smoking is only permitted in designated areas of the workplace under
Article II (Exceptions).
Sec. 4-5. Removal of Ashtray or Smoking Accessory.
The owner, operator, or other person in control of a public place and an employer
shall remove any ashtray or other smoking accessory from a place where smoking is
prohibited.
Sec. 4-6. Voluntary Designation of a Non-Smoking Facility.
Nothing in this chapter implies that the owner, operator, or other person in control
of an outdoor public place is prohibited from designating the entire facility as non-smoking.
Smoking shall be prohibited in any place in which a sign conforming to the requirements
of Section 4-3 is posted.
Sec. 4-7. Public Education.
(A) The city manager or his designee shall:
(1) develop a comprehensive tobacco education program to educate the
public about the harmful effects of tobacco and its addictive qualities;
(2) conduct informational activities to notify and educate businesses and
the public about this chapter; and,
(3) coordinate the City's tobacco education program with other civic or
volunteer groups organized to promote smoking prevention and
tobacco education.
(B) To implement this section, the city manager or his designee may publish and
distribute educational materials relating to this chapter to businesses, their
employees, and the public.
Sec. 4-8. Application of Other Law.
This chapter is cumulative of other laws that regulate smoking.
ARTICLE II. EXCEPTIONS
Sec. 4-9. General Exceptions.
This chapter does not apply to:
(1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for
private residential use;
(2) a hotel or motel room that is ordinarily used for sleeping and is designated
as a smoking room, except that no more than twenty-five percent (25%) of
the rooms in a hotel or motel rented to guests may be designated as
smoking rooms;
(3) a retail tobacco store that is mechanically ventilated to prevent smoke from
entering a non-smoking area;
(4) a facility operated by a fraternal organization for a charitable, benevolent, or
educational function if the facility is controlled by the organization and
operated exclusively for the benefit of the membership;
(5) an outdoor area of a public place that is not in the area described by
Subsection 4-2(D) (Smoking Prohibited);
(6) private clubs;
(7) outdoor areas of workplaces except as provided for by the provisions of
Sections 4-2(D) or 4-10; and,
(8) participants in an authorized theatrical performance.
Sec. 4-10. Outdoor Distance Exception.
A person may smoke within twenty-five feet (25') of an entrance to a restricted
smoking facility if:
(1) the entrance is not a primary public pedestrian entrance to the premises; or
(2) the distance between the entrance and the adjacent roadway is less than
twenty-five feet (25').
ARTICLE Ill. PENALTIES AND ENFORCEMENT
Sec. 4-11. Retaliation Prohibited.
A person commits an offense if the person discharges, refuses to hire, or retaliates
against a customer, employee, or applicant for employment because the customer,
employee, or applicant for employment reports a violation of this chapter.
Sec. 4-12. Enforcement.
(A) This section is cumulative of other laws providing enforcement authority.
(B) A person may report a violation of this chapter to the director of the Public
Health Department or his/her designee.
(C) The city manager or his designee may authorize a city employee conducting
an inspection under any provision of the Code to also inspect for compliance
with this chapter and issue a citation for a violation of this chapter.
(D) The director of the Public Health Department or his/her designee may
enforce this chapter and may seek injunctive relief.
Sec. 4-13. Enforcement Guidelines.
The city manager or his designee shall adopt enforcement guidelines applicable to
this chapter.
Sec. 4-14. Violation and Penalty.
(A) A person who violates the provisions of this chapter commits a Class C
misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not
to exceed Five Hundred Dollars ($500). A culpable mental state is not
required for a violation of this chapter, and need not be proved.
(B) Each day an offense occurs is a separate violation."
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
This Ordinance shall be effective from and after August 1, 2006.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25"day of April,
2006.
Mayor Guy N. Goodson -
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