[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014; Ord. No. 5128, 5-20-2024]
A.
The purpose of this Article is to:
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014; Ord. No. 5128, 5-20-2024]
The following words, terms and phrases, when used in this Article,
shall be construed as defined in this Section:
Any non-combustible product containing nicotine that is intended for human consumption, whether chewed, absorbed, dissolved, or ingested by any other means. Alternative nicotine product does not include any vapor product, tobacco or any product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including, but not limited to, taverns, nightclubs, cocktail lounges
and cabarets.
The Fire Marshal or his or her designee.
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
thereof, which utilizes the services of one (1) or more employees.
A space bound on all sides by walls or windows continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, lobbies, offices, rooms, all space therein screened
by partitions, which do not extend to the ceiling or are not solid,
office landscaping or similar structures, and hallways.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference rooms and classrooms, employee cafeterias and hallways.
A private residence is not a place of employment unless it is used
as a child care, adult day-care or healthcare facility.
Any enclosed area to which the public is invited or in which
the public is permitted, including, but not limited to, banks, educational
facilities, health facilities, laundering facilities, public transportation
facilities, reception areas, production and marketing establishments,
retail service establishments, retail stores, theaters and waiting
rooms.
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school
cafeterias, which gives or offers at no cost or for sale food 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" shall include an attached bar.
Any substance containing tobacco leaf, including, but not
limited to, cigarettes, cigar, pipe tobacco, snuff, chewing tobacco
or dipping tobacco.
Any non-combustible product containing nicotine that employs
a heating element, power source, electronic circuit, or other electronic
chemical or mechanical means, regardless of shape or size, that can
be used to produce vapor from nicotine in a solution or other form.
Vapor product includes any electronic cigarette, electronic cigar,
electronic cigarillo, electric pipe, or similar product or device
and any other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe,
or similar product or device and any vapor cartridge or other container
of nicotine in a solution or other form that is intended to be used
with or in an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device. Vapor product does
not include any alternative nicotine product or tobacco product.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014; Ord. No. 5128, 5-20-2024]
A.
Smoking shall be prohibited in all enclosed places of employment
within the City of Brentwood.
B.
Smoking shall be prohibited in enclosed public places within the
City of Brentwood, including but not limited to the following enclosed
places:
1.
Elevators;
2.
Restrooms;
3.
Libraries, educational facilities, child care and adult day-care
facilities, museums, auditoriums, aquariums and art galleries;
4.
Any healthcare facility, health clinic or ambulatory care facilities,
including but not limited go laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices;
5.
Any place of entertainment or recreation, including but not
limited to gymnasiums, theaters, concert halls, bingo halls, billiard
halls, bowling alleys, arenas, health spas, swimming pools and roller
and ice skating rinks;
6.
Any place used for exhibiting a motion picture, stage drama,
lecture, musical recital, or other performance;
7.
Shopping malls or retail establishments;
8.
Bars;
9.
Restaurants;
10.
Convenience facilities;
11.
All public areas and waiting rooms of public transportation
facilities, including but not limited to bus and train facilities;
12.
All facilities, buildings, and all vehicles owned, leased or
operated by the City of Brentwood;
13.
Rooms in which meetings or hearings open to the public are held,
except where such meetings or hearings are in a private residence;
and
14.
Any vehicle of public transportation, including, but not limited
to, buses, limousines for hire and taxicabs.
[Ord. No. 5128, 5-20-2024]
A.
Smoking
in any form, including, but not limited to, the possession of lighted
or heated cigarettes, cigars, pipes or other tobacco products, is
prohibited on any property or premises owned or leased for use by
the City of Brentwood, including buildings, grounds, parks, playgrounds,
sports arenas and facilities, playing fields, trails, parking lots
and parking structures.
B.
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 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
to accommodate employees and visitors, if such areas are so designated
from time to time; and
4.
Areas of park property designated by the City Administrator for smoking
purpose in association with special events, if requested by the sponsor
thereof.
|
Provided, however, that smoking 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 Section 215.1840, any City personnel or workplace regulations or standards, or any lease entered into by the City as lessor which may contain a smoking prohibition.
|
[Ord. No. 5128, 5-20-2024]
A.
Definitions. The definitions set forth in Section 215.1840 and 215.1841, above, shall also apply to such terms when used in this Section with the exception of the term "smoking," which when used in this Section shall mean: inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe, preroll, or device which contains marijuana in any manner, form, or amount, as well as any marijuana-infused product.
B.
MARIJUANA or MARIHUANA
MARIJUANA-INFUSED PRODUCTS
Additional
Definitions. The following words, terms, and phrases, when used in
this Section, shall have the meanings ascribed to them in this Section,
except where the context clearly indicates a different meaning:
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
resin extracted from the marijuana plant and marijuana-infused products.
"Marijuana" or "Marihuana" do not include industrial hemp, as defined
by Missouri Statute, or commodities or products manufactured by industrial
hemp.
Products that are infused, dipped, coated, sprayed, or mixed
with marijuana or an extract thereof, including, but not limited to,
products that are able to be vaporized or smoked, edible products,
ingestible products, topical products suppositories, and infused prerolls.
D.
Marijuana
and marijuana infused products shall not be smoked or consumed in
any form by any person operating or in physical control of any motor
vehicle or other motorized form of transportation in the City.
E.
No
person shall smoke marijuana within a motor vehicle or other motorized
form of transportation while it is being operated within the City.
F.
A
person who violates this Section shall be subject to a civil penalty
not exceeding one hundred dollars ($100.00).
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
A.
A person who owns, manages, operates, or otherwise controls a place listed in Section 215.1840 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of this Article in such place. It shall be an affirmative defense to an alleged violation of this Article that a person who owns, manages, operates or otherwise controls a place listed in Section 215.1840 has asked that the lighted cigarette, cigar, pipe or other tobacco product be extinguished or asked the person to leave the establishment if that person has failed or refused to extinguish the lighted cigarette, cigar, pipe or other tobacco products.
B.
A person who owns, manages, operates or otherwise controls a place listed in Section 215.1840 shall clearly and conspicuously post "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) near all entrances where smoking is prohibited by this Article.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
A.
Notwithstanding any other provision of this Article to the contrary, smoking shall be permitted in any and all places not specified in Section 215.1840. In particular, but not by limitation, the following shall not be subject to this Article.
1.
Private residences, except when used as licensed child care
facilities, adult day-care facilities, health-care facilities or enclosed
places of employment.
2.
Private vehicles.
3.
Twenty-five percent (25%) of hotel and motel rooms may be permanently
designated as smoking rooms.
4.
Retail tobacco stores and vapor product stores that derive more
than eighty percent (80%) of their total gross revenue from the sale
of loose tobacco, cigarettes, cigars, pipes or other tobacco-related
products and/or vapor products, and which are not merely a department
or subsection of a larger commercial establishment.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
A.
A person who smokes in an area where smoking is prohibited by this
Article shall be guilty of an Article violation, punishable by a fine
of twenty-five dollars ($25.00) for the first violation and fifty
dollars ($50.00) for each subsequent violation.
B.
A person who owns, manages, operates or otherwise controls a public
place or place of employment and who fails to comply with this Article
shall be guilty of an Article violation, punishable by:
C.
Each
day on which a violation of this Article occurs shall be a separate
and distinct violation.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
This Article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
This Article shall be strictly construed in any interpretation
of its meaning. The provisions of this Article are severable. If any
provision or its application to any person or circumstance is held
invalid by a court of competent jurisdiction the remaining provisions
shall continue in full force and effect.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
A.
The authority to administer the provisions of this Article is vested
in the Fire Marshal.
B.
The Code Enforcement Officer may call upon the Fire and Police Departments
and other departments of the City to aid in the enforcement of the
provisions of this Article.
C.
Notice of the provisions of this Article shall be given to all applicants
for a business license in the City of Brentwood, Missouri.
D.
Any person who desires to register a complaint under this Article
may initiate enforcement with the fire marshal.
[Ord. No. 4243 §§1 —
2, 8-16-2010; Ord. No.
4575 §§1 — 2, 10-20-2014]
Nothing in this Article shall be construed to limit the authority
of the Fire Marshal to designate locations in which smoking may be
prohibited nor to repeal any order by the Fire Marshal prohibiting
smoking in any location, nor to repeal any ordinance prohibiting smoking
in any location.
