[HISTORY: Adopted by the City Commission of the City of Lapeer 12-6-1993 (Ch. 50 of the 1978 General
Ordinances). Amendments noted where applicable.]
This chapter shall be known as the City of Lapeer Smoking Control
Ordinance.
A.
The Lapeer City Commission does hereby find that:
(1)
Numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution;
(2)
Reliable studies have shown that breathing secondhand smoke is a
significant health hazard for several population groups, including
elderly people, individuals with cardiovascular disease, and individuals
with impaired respiratory functions, including asthmatics and those
with obstructive airway disease;
(3)
Health hazards induced by breathing secondhand smoke include lung
cancer, respiratory infection, decreased exercise tolerance, decreased
respiratory functions, bronchoconstriction, and bronchospasm;
(4)
Nonsmokers who suffer allergies, respiratory diseases and other ill
effects of breathing secondhand smoke may experience a loss of job
productivity or may be forced to take periodic sick leave because
of such adverse reactions;
(5)
Courts are increasingly awarding compensation for disability, workers'
compensation, unemployment, and entitlement to damages under traditional
common law tort liabilities;
(6)
Smoke is a potential cause of fires, and cigarette and cigar burns
and ash staining on fixtures and furniture cause unnecessary losses;
and
(7)
The State of Michigan has passed the Clean Indoor Air Act with amendment
(1986 P.A. 198, as amended by 1988 P.A. 294, 296, and 315,[1] and as amended by P.A. 188 of 2009) which states that
an individual shall not smoke in a public place or at a public meeting
except in a designated smoking area.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[1]
Editor's Note: See MCLA § 333.12601 et seq.
B.
Accordingly, the City of Lapeer finds and declares that the purpose
of this chapter is:
(1)
To protect the public in health and welfare by prohibiting smoking
in enclosed areas of City facilities,; and
(2)
To strike a reasonable balance between the needs of persons who smoke
and the need of nonsmokers to breathe smoke-free air; to recognize
that when these needs conflict, that the need to breathe smoke-free
air shall have priority.
The following words and phrases, whenever used in this chapter
shall be construed as defined in this section:
Any person who is employed by the City of Lapeer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers his or her services for nonprofit.
The City of Lapeer, Michigan.
All space between a floor and ceiling which is enclosed on
all sides by solid walls or windows which extend from the floor to
the ceiling, including all space therein screened by partitions which
do not extend to the ceiling or are not solid. Also, confined space
areas such as trenches and manhole areas are considered enclosed areas.
Any enclosed area under the control of the City of Lapeer
which employees normally frequent during the course of employment,
including employee lounges, rest rooms, conference and class rooms,
hallways and corridors, entryways and lobbies, stairs and stairwells,
and closets and storerooms and including all City vehicles.
An enclosed, indoor area owned or operated by the City of
Lapeer and used by the general public or serving as a place of work
for public employees or a meeting place for a public body.
Inhaling exhaling burning or carrying any lighted cigar,
cigarette, weed, plant or other lighted smoking device.
All buildings and facilities, enclosed areas, public places,
and work areas owned, operated or controlled by the City of Lapeer
shall be subject to the provisions of this chapter.
A.
No person shall smoke in a public place, enclosed area, work area,
or at any meeting of a public body in such areas.
B.
No person who supervises manages, operated or otherwise controls
the use of a public place, enclosed area, or work area owned, operated,
or controlled by the City of Lapeer shall knowingly and willingly
permit a violation of this chapter, nor shall such a person fail or
refuse to promptly act on a reliable report of a violation of this
chapter.
A.
Any person observing a violation of this chapter may report it to
the appropriate manager, supervisor, department head, City Manager
(or Manager's designee) or to any peace officer.
B.
In addition to any other enforcement action authorized by law, a
person alleging a violation of this chapter may bring a civil action
for appropriate injunctive relief.
[Amended 9-19-2011; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who violates any provisions of this chapter shall
be subject to the following penalties:
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted or prohibited by other applicable
laws.
If any provision, clause, sentence, or paragraph of this chapter
on the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this chapter, or application, and to this end the provisions of
this chapter are declared to be severable.
This chapter shall be effective December 6, 1993.
