[HISTORY: Adopted by the Council of the City of Pawtucket, approved 5-26-1994
as Ch. No. 2351. Amendments noted where applicable.]
The use of tobacco for smoking purposes is being found to be increasingly
dangerous, not only to the person smoking, but also to the nonsmoking person
who is required to breath such contaminated air. The most pervasive intrusion
of the nonsmoker's right to unpolluted air space is the uncontrolled
smoking in public places. The City of Pawtucket intends, by the enactment
of this chapter, to protect the health and atmospheric environment of the
nonsmoker by regulating smoking in public areas.
A.
Smoking in any form is a public nuisance and dangerous
to public health and shall not be permitted in any buildings or portions of
buildings owned, rented, leased or used by the City of Pawtucket or any of
its departments, boards, commissions, semiautonomous bodies or other agencies
of the city. Also, smoking shall be prohibited within twenty-five (25) feet
of any entrance into or exit out of said buildings or portions of buildings.
B.
The proprietor or other person in charge of a public
area listed above shall make reasonable efforts to prevent smoking and shall
post "No Smoking" and "Warning" signs conspicuously in these areas.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes the inhaling, exhaling, burning or carrying of any lighted
smoking equipment or paraphernalia for tobacco or any other weed or plant.
The prohibitions of this chapter shall not apply to the following:
A.
Any building or portion of building which is used solely
as a private residence.
B.
Any buildings owned by the Pawtucket Redevelopment Agency;
however, this exception does not apply to those buildings of portions of buildings
being used by a department, board, commission, semiautonomous body or other
agency of the City of Pawtucket.
C.
The use of a tobacco product if used as part of a limited
classroom demonstration to show the health hazards of tobacco.
D.
McCoy Stadium.
E.
A designated employee smoking area.
[Added 1-26-1995 by Ch. No. 2377]
[Added 1-26-1995 by Ch. No. 2377]
The following criteria shall be used for the selection of a designated
employee smoking area (DESA) in each public building:
A.
There shall be no more than one (1) DESA per building
unless a second area is needed as a reasonable accommodation under the Americans
With Disabilities Act. For the purposes of this chapter, City Hall, the Roosevelt
Avenue Fire Station and the Roosevelt Avenue Police Station shall be considered
three (3) separate buildings.
B.
The DESA shall not be in an area used by the public.
C.
The DESA shall not be in an area where combustible materials
are stored or where any vehicles or machinery which contain combustible materials
are stored.
D.
The DESA shall not be in a designated eating area.
E.
The DESA shall not be in a rest room.
F.
The DESA shall have some type of exhaust system which
leads to the outside of the building.
Any person who violates this chapter shall be deemed to be contributing
to the maintenance of a public nuisance in a public place and shall be subject
to a fine of not less than ten dollars ($10.) nor more than one hundred dollars
($100.).
