City of Parkville, MO
Platte County
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Table of Contents
Table of Contents
[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:
BAR
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.
BILLIARD HALL
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).
BOWLING ALLEY
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).
EMPLOYEE
Any person who performs services for an employer, with or without compensation.
EMPLOYER
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).
ENCLOSED AREA
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.
MEMBERSHIP ASSOCIATION
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.
PLACE OF EMPLOYMENT
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.
PRIVATE CLUB
Same as "MEMBERSHIP ASSOCIATION" herein.
PRIVATE SOCIAL FUNCTION
A prearranged function to which only invited guests may participate and to which the general public is not admitted.
PUBLIC PLACE
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.
RESTAURANT
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.
SEATING
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.
SERVICE LINE
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.
SMOKING
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]
SPONSOR
An individual or individuals who are financially responsible for all costs and fees associated with a private social function.
SPORTS ARENA
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.
TAVERN
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]
A. 
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 of employment within the City, except as exempted in Sections 206.060 and 206.065.
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.
22. 
Membership associations and private clubs, except as permitted in Section 206.065.
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]
A. 
Any area where smoking is not prohibited per Sections 206.060 and 206.065 shall be isolated from all non-smoking areas.
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.
D. 
The improvements required in Sections (A) through (C) above shall be completed to the reasonable satisfaction of the Director of Community Development or his/her designee and shall be subject to all applicable permits and fees as required by Chapter 500 of the Parkville Municipal Code.
[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]
A. 
Where smoking is permitted pursuant to Sections 206.060, 206.065 or 206.075, no employer shall be required to comply with the responsibilities set forth in this Section and no employee shall be restricted from employment so long as that employee is at least eighteen (18) years of age.
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.
2. 
Shall clearly and conspicuously post "No Smoking" signs in accordance with Section 206.080.
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.