HomeMy WebLinkAbout2009-3160 - Ordinance - 01/22/2009ORDINANCE NO. 3160
AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION ", OF THE
CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY
AMENDING SECTION 9, "TOBACCO PRODUCTS AND SMOKING ", AS SET OUT
BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 7, Section 9, of the Code of Ordinances of the City of
College Station, Texas, be amended as set out in Exhibit "A ", attached
hereto and made a part of this ordinance for all purposes.
PART 2: That if any provisions of any section of this ordinance shall be held to be
void or unconstitutional, such holding shall in no way effect the validity of
the remaining provisions or sections of this ordinance, which shall remain
in full force and effect.
PART 3: That any person, firm, or corporation violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punishable by a fine of not less than Twenty -five Dollars
($25.00) nor more than Two Thousand Dollars ($2000.00). Each day such
violation shall continue or be permitted to continue, shall be deemed a
separate offense. Said Ordinance, being a penal ordinance, becomes
effective ten (10) days after its date of passage by the City Council, as
provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 22nd day of January, 2009.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
ORDINANCE NO. 3160
EXHIBIT "A"
SECTION 9: TOBACCO PRODUCTS AND SMOKING
A. Definitions
Page 2
(1) Public Meeting means a meeting required to be open to the public under TEX.
GOVT. CODE, Chapter 551.
(2) Public Place means an enclosed, indoor area to which the public has access and
includes, but is not limited to the following:
(a) the common areas of a retail store, office, grocery store, or other
commercial establishments;
(b)
a restaurant or cafeteria;
(c)
a public or private or secondary school;
(d)
a public or private institution of higher education;
(e)
a hospital or nursing home;
(f)
an elevator;
(g)
City and school buses;
(h)
City building, owned or leased by the City and used for City purposes;
(i)
an enclosed theater, auditorium, movie house, or arena;
0)
a courtroom or a jury waiting or deliberation room; or
(k)
bar or bar area
(3) Smoke 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) lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
(c) emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
any other smoking equipment or device.
(4) Bar. A bar is an establishment that is dedicated predominately to the serving of
alcohol rather than food.
ORDINANCE NO. 3160 Page 3
(5) Bar area. A bar area is an area physically separated from a food serving area
dedicated predominately to the serving of alcohol rather than food.
(6) Workplace means an enclosed area in which employees work or have access
during the course of their employment.
B. Offense; Penaltv.
(1) A person commits an offense if the person smokes at a public meeting, in a public
place, in a workplace or in any other enclosed, indoor area in which "no smoking"
signs are conspicuously posted by the person in charge, and the person is not in an
area designated as a smoking area under Subsection C below.
(2) It is an exception to the application of provision (1) of this subsection that the
person is smoking:
(a) as an actor or actress in a theatrical performance; or
(b) a tobacco specialty shop.
Smoking shall be allowed and smoking signs are not required to be posted by the person in
charge under Subsection C when smoking is permitted by Subsection B(2)a and B(2)b.
C. Designation of No Smoking and Smoking Areas
(1) The person in charge shall designate the following areas as "non- smoking ":
(a)
food order areas, cashier areas, check -out lines for stores;
(b)
City library;
(c)
elevators;
(d)
City and school buses, including associated terminals;
(e)
restrooms;
(0
movie theaters, hospitals, and rest home facilities;
(g)
within a twenty foot (20') radius of the entry way of all public places,
except for bars and bar areas where there shall be a ten foot (10') radius
around the entry way;
(h)
all other public places including restaurants and cafeterias; and
(i)
workplaces.
(2) Smoking areas shall not be designated to cover areas in provisions (1)(a) through
(1)(i)
of this subsection. It is not required that any smoking areas be designated.
ORDINANCE NO. 3160 Page 4
D. Signs
(1) The person in charge of a public place or workplace shall place signs visible at
each entrance of the building to notify persons entering that smoking is prohibited
or that smoking is prohibited except in areas designated as smoking areas.
(2) The person in charge shall conspicuously post signs in areas designated as a
smoking area that smoking is permitted in the area.
E. Facilities to Extinguish Smoking Material
All public places shall be equipped for extinguishments of smoking materials. Facilities
for extinguishments of smoking materials that are located in areas of public places other
than designated smoking areas shall be accompanied by clearly visible signs, stating "no
smoking ".
F. Owner /Operator Responsible
A person commits an offense if he is the owner, operator, manager or an employee of an
establishment and he intentionally permits or fails to make a reasonable effort to prevent
smoking in a "no smoking" area.