ORDINANCE NO. 401
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WOLFFORTH AMENDING THE CITY OF WOLFFORTH CODE OF ORDINANCES BY AMENDING CHAPTER 6, ENTITLED " HEALTH AND SANITATION" BY AMENDING ARTICLE 6.04, ENTITLED "SMOKING REGULATIONS"; REGULATING SMOKING IN PUBLIC PLACES WITHIN THE CITY OF WOLFFORTH; PROVIDING A PENALTY; PROVING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a recent United States Surgeon General’s Report has declared that “exposure to secondhand smoke remains an alarming public health hazard”; and
WHEREAS, other findings of the Surgeon General’s report include:
· Some 126 million nonsmokers are exposed to secondhand smoke placing them at risk of death from heart disease, lung cancer and other illnesses
· Separating smokers from nonsmokers, cleaning the air and ventilation systems do not eliminate secondhand smoke
· Secondhand smoke can act on the arteries so quickly that even a brief pass through someone else’s smoke can endanger people at high risk of heart disease
· There is good evidence that comprehensive smoking bans, like those in New York City and Boston, do not economically hurt the hospitality industry
WHEREAS, municipalities and the State of Texas have an obligation to protect their citizens from the hazards of secondhand smoke: NOW THEREFORE;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WOLFFORTH AS FOLLOWS:
Part 1 Enacted
THAT, the City of Wolfforth Code of Ordinances is hereby amended by amending Chapter 6, entitled "Health and Safety" amending Article 6.04, entitled "Smoking regulations" which Article shall read as follows:
ARTICLE 6.04 SMOKING REGULATIONS
Sec. 6.04.001. Definitions.
For the purpose of this article, the following definitions shall apply:
Public place or public area means an enclosed area that is used by the general public, including employees and to which the public is invited or in which the public is permitted and includes, but is not limited to:
a. All enclosed facilities, including buildings and vehicles owned, leased or controlled by the City of Wolfforth;
b. All or any part of a building used for local governmental purposes;
c. A retail store, office, professional office, service establishment or other commercial or industrial establishment;
d. A restaurant, cafeteria, delicatessen, commissary, or mobile food unit;
e. A public primary or secondary school, a public institution of higher education, or any other educational facility;
f. A restroom or elevator located in any public place defined herein;
g. A theater, movie house, auditorium, arena, music hall, lecture hall, or other enclosed performing arts venue;
h. A library, museum, gallery, or aquarium;
i. A health care facility or hospital;
j. A child care nursery;
k. A court room or a jury waiting or deliberation room;
l. A recreational facility;
m. Sports arenas, stadiums, and convention halls, including bowling facilities and other indoor recreational facilities;
n. A lobby, hallway or other common area in apartment buildings, condominiums, trailer parks, retirement facilities, adult care facilities, nursing homes or other multiple-unit residential facilities, but not including the individual residential units;
o. A polling place;
p. A public plane or train;
q. A transit system bus or interstate bus, taxicab, or any other public transport;
r. A public transportation facility, including ticket, boarding and waiting areas of public transit depots;
s. A retail food production and marketing facility;
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;
b. The combustion of any cigar, cigarette, tobacco or any similar article or any other combustible substance in any manner or in any form;
c. Emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind.
Sec. 6.04.002. Smoking in Public Places
(a) Smoking is prohibited in all enclosed public places within the City of Wolfforth;
(b) Smoking is prohibited within twenty feet (20') of the main entrance of any enclosed public place.
Sec. 6.04.003. Exceptions
The prohibitions against smoking contained herein shall not apply to the following places:
(1) To performing arts venues, but only by a performer participating in a theatrical performance;
(2) To private clubs, which are owned by their members;
(3) To private residences, except when used as a childcare, adult day care, health care facility, or other place of employment;
(4) To designated smoking hotel and motel rooms rented to guests;
(5) To a designated smoking area in assisted living facilities and nursing homes which prohibit smoking in residents rooms if the facility meets all of the following criteria:
a. the facility has designated a smoking area within the facility;
b. smoking is limited to the designated area;
c. the designated area has a separate ventilation system which vents the air from the area directly to the exterior of the building;
d. the ventilation system has been inspected by the City Fire Marshall to insure compliance.
e. Assisted living facilities and nursing homes which designate a smoking area pursuant to this ordinance shall have until July 1, 2010, to have the separate ventilation system installed and inspected.
(6) To outdoor areas or outdoor places of employment;
Sec. 6.04.004. Offense; enforcement
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with any of its provisions.
(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.
(c) The proprietor or person in charge of a business or other public place commits an offense if:
(1) The proprietor or person in charge allows smoking; or
(2) The proprietor or person in charge fails or refuses upon the request of any person to ask a person smoking to cease smoking.
Sec. 6.04.005. Smoking in places of employment
(1) Smoking is prohibited in all enclosed facilities within a place of employment within the City of Wolfforth. This prohibition shall not apply to a business that is not primarily open to the public and employs no person other than the owner or operator.
Part 2 Severability
If any section, sub-section, clause, phrase or portion of this ordinance or the Code which it adopts shall be held unconstitutional or invalid by a court of competent jurisdiction, such section, sub-section, sentence, clause, phrase or portion shall be deemed to be a separate, distinct and independent provision and such invalidity shall not affect the validity of the remaining portions.
Part 3 Repeal
Any prior ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict.
Part 4 Publication
The City Secretary is hereby authorized and directed to cause publication of this ordinance in accordance with state law.
Part 5 Effective Date
This Ordinance shall take effect on immediately upon completion of publication as required by law.
PASSED AND APPROVED on this the 1st day of February, 2010.