[Ord. No. 90-79 §1, 8-1-1990]
The City Council hereby finds that smoking has been identified by the U.S. Surgeon General as the nation's single most important preventable cause of disease and premature death.
The City Council further finds that the courts have found that the right of an individual to risk his or her health does not include the right to jeopardize the health of those who must remain around him or her in order to properly perform the duties of their job.
The City Council further finds that it is the employer's common law duty to provide a safe work place, which includes protecting the rights of non-smokers and providing a smoke-free working environment.
The City Council further finds that the effects of smoke generated by smoking of cigarettes, cigars, pipes, and similar articles poses a danger to the health, safety, and well being of persons who do not smoke.
The City Council further finds that the Surgeon General's 1984 and 1986 reports on smoking hazards link high levels of involuntary smoke exposure to reduced breathing ability and other health dangers in persons subjected to such involuntary exposure, and therefore further demonstrates the need to provide protection to non-smokers in public settings.
The City Council further finds that the smoking of tobacco is a positive danger to health and a cause of material annoyance, inconvenience, and discomfort to those who are present in confined places; and
The City Council further finds that all citizens should have a right to breathe air that is environmentally safe and not polluted by tobacco smoke.
[Ord. No. 90-79 §2, 8-1-1990; Ord. No. 93-67 §1, 8-18-1993]
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Chapter:
- An area which is primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
- Closed in by a roof and four walls with appropriate openings for ingress and egress and for windows, and it is not intended to mean areas commonly described as public lobbies.
- INDOOR SERVICE LINE
- Any service line within retail or other public establishments in 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.
- MEMBERS OF THE GENERAL PUBLIC
- Shoppers, customers, patrons, patients, students, clients and similar invitees of any establishment and excludes employees thereof, sales representatives, service repair persons, and persons delivering goods, merchandise or services to such establishment.
- Any natural person, corporation, unincorporated association, firm, partnership, joint venture, joint stock association, or other business organization of any kind.
- The combustion of a cigarette, cigar, pipe tobacco, any other tobacco product or any similar combustible or smokeless tobacco substance in any manner or in any form.
[Ord. No. 90-79 §3, 8-1-1990; Ord. No. 91-82 §1, 11-6-1991; Ord. No. 93-67 §2, 8-18-1993]
All smoking is prohibited in public areas of health care facilities, including waiting rooms, public hallways, and lobbies, except in specially designated smoking areas which may be part of a public area. However, within the designated smoking areas, smoking is prohibited by all persons under eighteen (18) years of age.
Smoking is prohibited in all City of Bridgeton enclosed municipal building facilities and vehicles and within twenty (20) feet of the main entrance.
Smoking is prohibited in all places of public assembly in buildings other than municipal buildings, in which public business is conducted, including hearing rooms, courtrooms, conference rooms and meeting rooms, which require or permit participation or observation by the general public.
Smoking is prohibited in any child care facility.
Smoking is prohibited in indoor service lines.
Smoking is prohibited in gymnasiums, public libraries, or facilities enclosing indoor swimming pools; provided however, any such establishment may designate a limited area therein where smoking shall be permitted.
Notwithstanding the provisions of this Chapter, any owner or person in charge of a business establishment governed by this Chapter may designate the facility as a non-smoking area in its entirety.
Smoking is prohibited in retail and grocery stores, except areas in said stores not open to members of the general public.
Smoking is prohibited in restaurants as follows:
A restaurant whose approved occupancy is more than forty (40) customers excluding from the calculation of capacity any portion of such facility which is located outdoors and any portion of such facility which is utilized for bar purposes. Bars in restaurants are exempt from the provisions of this Chapter.
A restaurant with occupancy in excess of forty (40) customers that maintains a non-smoking area equal to not less than forty percent (40%) of the total seating capacity of the establishment is exempt.
An entire room or hall which is used for private functions may be exempt during its private use when the seating arrangements are under the control of the sponsor of the event and not the proprietor, owner, or other person in charge of the place.
[Ord. No. 90-79 §3.1, 8-1-1990; Ord. No. 93-67 §3, 8-18-1993]
Notwithstanding any other provision of this Chapter to the contrary, the following areas shall not be subject to the smoking restriction in this Chapter:
Hotel and motel rooms rented to guests.
An entire room or hall which is used for private functions, provided that the seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the establishment. Provided however, for municipal facilities, this Section shall not be applicable.
Places 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 tobacco products.
[Ord. No. 90-79 §4, 8-1-1990]
Consistent with the intended health benefits of this Chapter, the City Council of the City of Bridgeton hereby urge that all employers in the City of Bridgeton, Missouri, on a voluntary basis, hereby establish appropriate non-smoking areas for the benefit of their employees.
[Ord. No. 16-11 §1, 4-20-2016]
Definitions. The definitions set forth in Section 260.020, above, shall also apply to such terms when used in this Section.
Prohibition Of Smoking On City Property. The possession of lighted or heated smoking materials in any form, including, but not limited to, the possession of lighted or heated cigarettes, cigars, pipes, or other tobacco products or activated, lighted or heated electronic cigarettes or other oral devices that create an aerosol or vapor of nicotine or any other substance which simulates smoking, whether marketed as an e-cigarette, e-cigar, e-pipe or under any other product name or description, is prohibited in or on any property or premises owned or leased for use by the City of Bridgeton, including buildings, grounds, parks, playgrounds, sports arenas and facilities, playing fields, parking lots and parking structures.
Exceptions. The prohibitions of this Section shall not apply to:
Streets, alleys, rights-of-way and sidewalks other than sidewalks and pedestrian paths in parks; provided, however, that the City Administrator may suspend this exception and order that the smoking prohibition be applied to streets, alleys, sidewalks and other public ways where community events, fairs, festivals, neighborhood events and similar public gatherings are being held during the period of such events if the City Administrator determines that prohibiting smoking or use of electronic cigarettes during the event could reasonably be expected to enhance attendance, participation or enjoyment of the event, or that such a prohibition could make cleaning City property after the event less burdensome by reducing litter at the event site; and
Property, buildings or parts of buildings owned by the City but leased to private parties; and
Areas on City property designated by the City Administrator for smoking or use of electronic cigarettes to accommodate employees and visitors, if any such areas are so designated from time to time; and
Areas of park property designated by the City Administrator for smoking purposes or use of electronic cigarettes in association with special events, if requested by the sponsor thereof.
[Ord. No. 90-79 §5, 8-1-1990]
No Smoking signs shall be clearly, sufficiently and conspicuously posted by the proprietor in every building or other place where smoking is regulated by this Chapter. Such signs shall be posted at all entrances of retail or other public establishments.
Signs shall contain lettering not less than two (2) inches in height, or the international No Smoking symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle, not less than six (6) inches in diameter, with a bar across it. The corresponding Smoking sign, consisting of a burning cigarette enclosed in a gray circle without a bar across it, of the same size as the No Smoking sign, may also be used where appropriate.
[Ord. No. 90-79 §5.1, 8-1-1990]
The proprietor, owner or other person having control of the public place, or place of employment, shall inform persons smoking in restricted areas they are in violation of this Chapter.
The proprietor, owner or other person having authority to manage and control any public place or place of employment, or a designated agent of such owner or manager who does not properly display a "No Smoking" sign in accordance with Section 260.060 shall be deemed in violation of this Chapter.
The authority to administer and enforce the provisions of this Chapter is vested with the Chief of Police and his duly authorized representative(s).
[Ord. No. 90-79 §6, 8-1-1990]
Federal, State, County and School District Officials are urged to enact and enforce provisions similar to the provisions contained herein.
[Ord. No. 90-79 §7, 8-1-1990]
Any person who violated any provisions of this Chapter is guilty of an infraction and upon conviction thereof shall be punished by a fine as provided in Section 100.080 of this Code.