[Ord. No. 90-79 §1, 8-1-1990]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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
G.
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.
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.
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]
A.
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.
B.
Smoking
is prohibited in all City of Bridgeton enclosed municipal building
facilities and vehicles and within twenty (20) feet of the main entrance.
C.
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.
D.
Smoking
is prohibited in any child care facility.
E.
Smoking
is prohibited in indoor service lines.
F.
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.
G.
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.
H.
Smoking
is prohibited in retail and grocery stores, except areas in said stores
not open to members of the general public.
I.
Smoking
is prohibited in restaurants as follows:
1.
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.
2.
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.
3.
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.
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Restaurants with an indoor seating capacity of less than forty
(40) persons shall provide a smoke free area.
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[Ord. No. 90-79 §3.1, 8-1-1990; Ord. No. 93-67 §3, 8-18-1993]
A.
Notwithstanding
any other provision of this Chapter to the contrary, the following
areas shall not be subject to the smoking restriction in this Chapter:
1.
Bars.
2.
Bowling Alleys
3.
Hotel and motel rooms rented to guests.
4.
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.
5.
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]
A.
Definitions. The definitions set forth in Section 260.020, above, shall also apply to such terms when used in this Section.
B.
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.
C.
Exceptions. The prohibitions of this Section shall
not apply to:
1.
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
2.
Property, buildings or parts of buildings owned by the City
but leased to private parties; and
3.
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
4.
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.
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Provided, however, that smoking and use of electronic cigarettes shall not be allowed in any location exempted from application of the prohibition of this Section if such location comes within the prohibitions or restrictions specified under other applicable regulations. Specifically, nothing in this Section shall be construed or applied so as to conflict with or limit in any way the provisions of the City's general smoking prohibitions in Chapter 260, any City personnel or workplace regulations or standards, or any lease entered into by the City as lessor which may contain a smoking prohibition.
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[Ord. No. 90-79 §5, 8-1-1990]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
