This chapter shall be known as the City of Lapeer Smoking Control
Ordinance.
The following words and phrases, whenever used in this chapter
shall be construed as defined in this section:
EMPLOYEE
Any person who is employed by the City of Lapeer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers his or her services for nonprofit.
ENCLOSED AREA
All space between a floor and ceiling which is enclosed on
all sides by solid walls or windows which extend from the floor to
the ceiling, including all space therein screened by partitions which
do not extend to the ceiling or are not solid. Also, confined space
areas such as trenches and manhole areas are considered enclosed areas.
PLACE OF EMPLOYMENT OR WORK AREA
Any enclosed area under the control of the City of Lapeer
which employees normally frequent during the course of employment,
including employee lounges, rest rooms, conference and class rooms,
hallways and corridors, entryways and lobbies, stairs and stairwells,
and closets and storerooms and including all City vehicles.
PUBLIC PLACE
An enclosed, indoor area owned or operated by the City of
Lapeer and used by the general public or serving as a place of work
for public employees or a meeting place for a public body.
SMOKING or SMOKE
Inhaling exhaling burning or carrying any lighted cigar,
cigarette, weed, plant or other lighted smoking device.
All buildings and facilities, enclosed areas, public places,
and work areas owned, operated or controlled by the City of Lapeer
shall be subject to the provisions of this chapter.
[Amended 9-19-2011; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who violates any provisions of this chapter shall
be subject to the following penalties:
A. A civil fine not exceeding $200 for a first violation.
B. A civil fine not exceeding $500 for a second or subsequent violation.
This chapter shall not be interpreted or construed to permit
smoking where it is otherwise restricted or prohibited by other applicable
laws.
If any provision, clause, sentence, or paragraph of this chapter
on the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this chapter, or application, and to this end the provisions of
this chapter are declared to be severable.
This chapter shall be effective December 6, 1993.