[Ord. No. 2473 §1, 4-7-2009]
A.
The
Board of Aldermen hereby make the following findings:
1.
Numerous scientific 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 smokers and healthy non-smokers alike.
2.
Recognizes secondhand smoke is hazardous to elderly people, individuals
with cardiovascular disease and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease.
In addition, children exposed to secondhand smoke have an increased
risk of asthma, respiratory infections, sudden infant death syndrome,
developmental abnormalities and cancer.
3.
Finds that restrictions on the smoking of tobacco in public areas
where non-smokers may be subjected to the effects of secondhand smoke
will serve to preserve and protect the health and safety of those
persons frequenting public places within the City of Parkville and
that such restrictions will serve the best interest of the citizens
of the City.
4.
Accordingly, it is declared that the intent and purposes of this
Chapter are to protect the public health and welfare by encouraging
clean air in public places and places of employment.
[Ord. No. 2473 §1, 4-7-2009]
For the purposes of this Chapter, the following definitions
shall apply:
Any licensed establishment which serves liquor on the premises
for which not more than ten percent (10%) of the gross sales receipts
of the business are supplied by food purchases, either for consumption
on the premises or elsewhere.
A business which derives fifty percent (50%) or more of its
revenues from pool or billiards (including sales and rental of goods
and services incidental to pool or billiards).
A business which derives fifty percent (50%) or more of its
revenues from bowling (including sales and rental of goods and services
incidental to bowling).
Any person who performs services for an employer, with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City or any agency
there of, which utilizes the services of any employee(s).
A space enclosed by walls and doors continuous from the floor
to the ceiling, with or without windows, including, but not limited
to, offices, rooms, all space therein screened by partitions which
do not extend to the ceiling or are not solid, "office landscaping"
or similar structures or halls.
A for-profit or not-for-profit entity formed for fraternal,
social and/or recreational purposes or a congressionally chartered
veterans' organization which has a defined membership and restricts
admission to members of the association and their expressly invited
guests. Membership association shall not include an establishment
that is open to members of the general public upon payment of a nominal
fee. A membership association shall not be considered a "public place"
except when and to the extent places within the membership organization
are the site of a meeting, event or activity that is open to the public.
Membership associations that also meet the definition of restaurant
or other defined category shall be considered as a membership association
for the purposes of this Chapter.
Any enclosed area under the control of public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways,
medical facilities, cafeterias, employee lounges, stairs, restrooms
and all other enclosed facilities. A private residence is not a "place
of employment" unless it is used as a child care, adult day care or
health care facility.
Same as "MEMBERSHIP ASSOCIATION" herein.
A prearranged function to which only invited guests may participate
and to which the general public is not admitted.
Any enclosed area to which the public is invited or permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms, except as exempted in Section 206.060.
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands and private and public school cafeterias,
which gives or offers food for sale to the public, guests or employees,
as well as kitchens and catering facilities in which food is prepared
on the premises for serving elsewhere. The term "restaurant" may include
a bar which is part of the premises.
The maximum seating calculated for the combination of all
"assembly with fixed seats" and "assembly without fixed seats" within
a bar, tavern, restaurant or the combination thereof, excluding any
"standing space" in accordance with Section 1004, Occupancy, of the
adopted Building Code. For bars, taverns and restaurants opened after
April 7, 2009, seating shall be calculated at the time of building
permit or occupancy permit issuance, as applicable, and shall be based
on approved plans and permits. For bars, taverns and restaurants existing
on or before April 7, 2009, seating shall be calculated prior to allowing
smoking and shall be based on approved building and occupancy permit
plans and data. In the absence of adequate plans or data, the Building
Official may require the owner of a bar, tavern or restaurant to provide
new plans and data as necessary to calculate the seating.
Any indoor line at which one (1) or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
Possessing a lighted or ignited tobacco, nicotine product
or paraphernalia; or engaging in an act that generates smoke (including,
but not limited to, possessing a lighted or ignited pipe, hookah pipe,
cigar, electronic cigarette or cigarette of any kind); or lighting
or igniting a pipe, hookah pipe, cigar, electronic cigarette or a
cigarette of any kind. Smoking includes the use of any product which
emits smoke in the form of gases, particles, vapors or other byproducts
released by electronic cigarettes, tobacco cigarettes, herbal cigarettes,
marijuana cigarettes and any other type of cigarette, pipe or other
implement for the purpose of inhalation of vapors, gases, particles
or their byproducts released as a result of combustion or ignition.
[Ord. No. 2932, 1-2-2018]
An individual or individuals who are financially responsible
for all costs and fees associated with a private social function.
Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
place where members of the general public assemble either to engage
in physical exercise, participate in athletic competition or witness
sports events.
Same as "BAR" herein.
[Ord. No. 2473 §1, 4-7-2009]
All enclosed facilities, including buildings and vehicles owned,
leased or operated by the City of Parkville shall be subject to the
provisions of this Chapter.
[Ord. No. 2473 §1, 4-7-2009]
B.
The possession of lighted smoking materials in any form, including, but not limited to, the possession of lighted cigarettes, cigars, pipes or other tobacco products, is prohibited in all enclosed places within the City, including, but not limited to, the following places, except as exempted in Sections 206.060 and 206.065.
1.
Any vehicle of public transportation including, but not limited to,
buses, limousines for hire and taxicabs.
2.
Elevators.
3.
Restrooms in public areas.
4.
Libraries, educational facilities, child care and adult day care
facilities, museums, auditoriums, aquariums and art galleries.
5.
Any health care facility, health clinics or ambulatory care facilities,
including, but not limited to, laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices.
6.
Any indoor place of entertainment or recreation including, but not
limited to, gymnasiums, theaters, concert halls, bingo halls, betting
establishments, arenas and swimming pools.
7.
Service lines.
8.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital or other similar performance.
9.
Retail stores.
10.
Shopping malls.
11.
Sports arenas, including enclosed places in outdoor arenas.
12.
Restaurants.
13.
Bars.
14.
Convention facilities.
15.
All public areas and waiting rooms of public transportation facilities,
including, but not limited to, bus and airport facilities.
16.
Any other area used by the public or serving as a place of work,
including open office landscaping.
17.
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including, but not limited to, joint committees or agencies
of the City or any political subdivision of the State during such
time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the City.
18.
All enclosed facilities owned by the City.
19.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence.
20.
Lobbies, hallways, elevators and other common areas in apartment
buildings, condominiums and other multiple-tenant or multi-family
residential facilities where common areas are shared.
21.
Polling places.
23.
Active or inactive mines or other similar underground facilities
accessible to any employee or member of the public.
24.
Any other establishment, facility or outdoor area designated as a
non-smoking place by the owner, operator, manager or other person
in control.
C.
No
one shall possess lighted smoking materials in any form, including,
but not limited to, lighted cigarettes, cigars, pipes or other tobacco
products, in a manner that impedes entrance to or exit from a building
where smoking is prohibited pursuant to this Section.
D.
It
shall be unlawful for any person to violate the provisions of this
Section.
[Ord. No. 2473 §1, 4-7-2009]
A.
Smoking shall be prohibited in the following outdoor places, except as exempted in Section 206.060:
1.
Within ten (10) feet of any outside entrance which is unlocked and
generally in service at the time, operable window, air intake or ventilation
system of enclosed areas where smoking is prohibited or any non-smoking
outdoor area, so as to ensure that tobacco smoke does not enter those
areas, provided that it is a defense to a prosecution under this Subsection
that a person who incidentally passes within said areas does so while
on an uninterrupted, continuous journey on a public way. This Subsection
shall not be applicable to outside entrances to areas within which
a private social function which allows smoking is then occurring.
2.
In outdoor seating or serving areas which are designated non-smoking
and signed as such.
3.
In all outdoor sports arenas, other arenas, stadiums and amphitheaters,
and the Parkville Farmer's Market during its operation, except in
designated smoking areas, which may be established only in perimeter
areas at least twenty (20) feet from any seating areas, concession
stands, ticket booths or similar gathering areas. Smoking shall also
be prohibited in and within twenty (20) feet of bleachers and grandstands
for use by spectators at sporting and other public events.
[Ord. No. 2933, 1-2-2018]
[Ord. No. 2473 §1, 4-7-2009]
A.
Notwithstanding
any other provision of this Chapter to the contrary, smoking shall
not be prohibited in the following areas pursuant to the Missouri
Indoor Clean Air Act Section 191.765 to Section 191.773, RSMo.:
1.
An entire room or hall which is used for private social functions,
provided that the seating arrangements are under the control of the
sponsor of the function and not of the proprietor or other person
in charge.
2.
Limousines for hire and taxicabs, where the driver and all passengers
agree to smoking in such vehicle.
3.
Performers on the stage, provided that the smoking is part of the
production.
4.
A place where more than fifty percent (50%) of the volume of trade
or business carried on is that of the blending of tobaccos or sale
of tobaccos, cigarettes, pipes, cigars or smoking sundries.
5.
Bars, taverns, restaurants that seat less than fifty (50) people,
bowling alleys and billiard parlors, which conspicuously post signs
stating that "Non-smoking Areas are Unavailable".
6.
Private residences except when used as a child care or adult day
care facility.
7.
Any enclosed indoor arena, stadium or other facility which may be
used for sporting events and which has a seating capacity of more
than fifteen thousand (15,000) persons.
[Ord. No. 2473 §1, 4-7-2009]
Notwithstanding any other provision of this Chapter to the contrary,
smoking shall be permitted in the following areas:
Membership associations that were in existence and in operation
in Parkville on April 7, 2009 shall be allowed to designate smoking
areas for members and their expressly invited guests within any membership
facility, building or structure occupied by the membership association;
provided however, that the membership association shall not allow
any person under the age of eighteen (18) years of age to be present
in a smoking area at any time when smoking is occurring.
[Ord. No. 2473 §1, 4-7-2009]
B.
Any
building or structure that contains a permitted enclosed smoking area
shall be detached from all buildings, structures or areas that contain
non-smoking areas unless said enclosed smoking areas are isolated
from non-smoking by containing all the following:
1.
A separate ventilation system which exhausts air from the smoking
area into a location that will not cause cross contamination with
air intake of any non-smoking area.
2.
Said area shall be totally enclosed and designed so that exfiltration
cannot enter a non-smoking area, including use of doors with automatic
closures that form a tight seal which deters smoke from smoking areas
from transmitting to non-smoking areas.
3.
Entrance to the smoking area may be through the non-smoking area
but under no circumstances shall entrances to the non-smoking area
be required to be through the smoking area.
C.
The
exhaust from any portion of building or structure that contains a
permitted smoking area shall be located and constructed so as to avoid
mixing said exhaust with the air intake of any non-smoking area or
directing said exhaust toward any outside entrance, operable window
or ventilation system of any indoor or outdoor non-smoking area.
[Ord. No. 2473 §1, 4-7-2009]
A.
Notwithstanding
any other provision of this Chapter to the contrary:
1.
Restaurants/bars existing in addition to those previously described in Section 206.060(5) that hold current resort/liquor licenses issued by the City and that have customarily allowed smoking on the premises prior to the date when this Chapter is enacted shall be exempt from the restrictions on smoking imposed by this Chapter for a period until April 7, 2011. In order to utilize this twenty-four (24) month period, any restaurant/bar must petition the City to be exempted and any exemption request shall be honored by the City. During this period of time signs shall be conspicuously posted in accordance with Section 206.080. At the end of the twenty-four (24) month period, any restaurant/bar having received the exemption shall be required to comply with all other provisions of this Chapter.
2.
Any existing public place and all places of employment that are not permitted exemptions pursuant to Chapter 206 will automatically be granted a period until October 1, 2009 to comply with Section 206.080 to Section 206.100. On October 2, 2009, those businesses and places of employment are required to meet all conditions set forth under Chapter 206.
[Ord. No. 2473 §1, 4-7-2009]
A.
Where
smoking is prohibited by this Chapter, by the owner, operator, manager
or other person in control of that place, "No Smoking" signs or the
international "No Smoking" symbol (a drawing of a burning cigarette
inside a red circle with a red bar across it) shall be clearly and
conspicuously posted.
B.
Where smoking is allowed per Sections 206.060 and 206.065, "Smoking Establishment — No Non-Smoking Area Available" or "This Establishment Allows Smoking In Designated Areas" signs shall be clearly and conspicuously posted. When such place includes both smoking and non-smoking areas, each designated area shall be clearly and conspicuously posted.
C.
At
a minimum, "No Smoking" signs or symbols shall be placed near all
entrances where smoking is prohibited by this Chapter.
D.
Sign
text required by this Section shall not be less than one (1) inch
in height.
[Ord. No. 2553 §1, 9-7-2010]
E.
When
the international “No Smoking” symbol is used without
use of “No Smoking” text, the minimum height and width
of the symbol shall be two and one-half (2.5) inches.
[Ord. No. 2553 §2, 9-7-2010]
[Ord. No. 2473 §1, 4-7-2009]
B.
Employers,
proprietors, owners and managers where smoking is prohibited in accordance
with this Chapter shall have the following responsibilities:
1.
Shall not knowingly permit, cause, suffer or allow any person to
violate the provisions of this Chapter. It shall be an affirmative
defense to an alleged violation of this Subsection that the person
having control of a place has asked that the lighted cigarette, cigar,
pipe or other tobacco products be extinguished and asked the person
to leave the establishment if that person has failed or refused to
extinguish the lighted cigarette, cigar, pipe or other tobacco product.
3.
Shall remove all ashtrays and other smoking paraphernalia from any
indoor or outdoor area where smoking is prohibited by this Chapter.
4.
Shall provide a smoke-free place of employment for all employees
except to the extent smoking is not prohibited in such place of employment
by this Chapter.
5.
Shall adopt, implement, make known and maintain a written smoking
policy which shall contain the following required language:
Smoking shall be prohibited in all enclosed facilities within a place of employment except to the extent smoking is not prohibited within such place of employment by Chapter 206 of the Parkville Municipal Code. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles and all other enclosed facilities except to the extent smoking is not prohibited within such place of employment by Chapter 206 of the Parkville Municipal Code.
6.
Shall communicate to all employees within six (6) weeks of the adoption
of this Chapter.
7.
Shall supply a written copy of the smoking policy to any employee
and shall provide copies upon request to any prospective employee.
[Ord. No. 2473 §1, 4-7-2009]
No person or employer shall discharge, refuse to hire or in
any manner retaliate against an employee, applicant for employment
or customer because that employee, applicant or customer exercises
any rights afforded by this Chapter or reports or attempts to prosecute
a violation of this Chapter.
[Ord. No. 2473 §1, 4-7-2009]
This Chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 2473 §1, 4-7-2009]
A.
The
authority to administer the provisions of this Chapter is vested in
the Chief of Police and his/her duly authorized representative(s).
B.
Notice
of the provisions of this Chapter shall be given to all applicants
for a license to do business within the City of Parkville.
C.
Any
citizen who desires to register a complaint under this Chapter may
initiate enforcement with the Police Department.
D.
While
an establishment is undergoing otherwise mandated inspections, the
Chief of Police or an authorized designee shall inspect the premises
for compliance with this Chapter.
[Ord. No. 2473 §1, 4-7-2009]
A.
A person
who knowingly smokes in an area where smoking is prohibited by the
provisions of this Chapter shall be guilty of an ordinance violation,
punishable by a fine not exceeding fifty dollars ($50.00).
B.
A person
having control of a public place or place of employment and who fails
to comply with the provisions of this Chapter shall be guilty of an
ordinance violation, punishable by:
1.
A fine not exceeding one hundred dollars ($100.00) for a first (1st)
violation.
2.
A fine not exceeding two hundred dollars ($200.00) for a second (2nd)
violation within a one (1) year period.
3.
A fine not exceeding five hundred dollars ($500.00) for a third (3rd)
or subsequent violation within a one (1) year period.
C.
Each
day on which a violation of this Chapter occurs shall be considered
a separate and distinct violation.
D.
In
addition to the fines established by this Section, violation of this
Chapter by a person having control of a public place, place of employment
or outdoor area where smoking is prohibited may result in the suspension
or revocation of any permit or license issued to the person for the
premises on which the violation occurred.
[Ord. No. 2473 §1, 4-7-2009]
This Chapter shall be liberally construed so as to further its
purposes.
[Ord. No. 2473 §1, 4-7-2009]
If any provision, clause, sentence or paragraph of this Chapter
or the application thereof to any person or circumstances shall be
held invalid, that invalidity shall not affect the other provisions
of this Chapter which can be given effect without the invalid provision
or application and to this end the provisions of this Chapter are
declared to be severable.
