[Ord. No. 2005-05-23-01 § 1, 5-23-2005]
This Chapter shall be known as the City of Greenwood Smoke-Free
Public Buildings Act.
[Ord. No. 2005-05-23-01 § 2, 5-23-2005]
A.
Except
as provided in this Chapter, 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 unlawful in
any of the following places used by or open to the public or serving
as a place of work:
1.
Any commercial establishment including, but not limited to,
retail stores, banks, office buildings and offices.
2.
Any publicly owned enclosed property including, but not limited
to, office buildings, garage areas, storage areas, facility areas
or any building with environmental air ventilation systems.
3.
Any public transportation vehicle including, but not limited
to, buses, limousines-for-hire and taxicabs.
4.
Any publicly owned, leased or operated vehicles including, but
not limited to, Police vehicles, pickup trucks, personnel autos, line
trucks, trash trucks, tractors, cranes, riding lawn mowers, earth
moving vehicles, any type of publicly owned or leased vehicle with
an enclosed passenger/operator compartment, any type of vehicle operated
by a publicly owned entity.
5.
Elevators.
6.
Restrooms.
7.
Libraries, educational facilities, day care facilities, museums,
auditoriums and art galleries.
8.
Any indoor public area of a health care facility, health clinic
or ambulatory care facility including, but not limited to, laboratories
associated with the rendition of health care treatment, hospitals,
rest homes and offices of health professionals.
9.
Any indoor place of entertainment or recreation including, but
not limited to, gymnasiums, theaters, concert halls, bingo shalls,
arenas and swimming pools.
10.
All public areas and waiting rooms of public transportation
facilities including, but not limited to, bus, airport and rail facilities.
11.
Any other enclosed areas serving as a place of work or used
by the public including open office landscaping and shopping malls.
12.
Rooms in which meetings and/or hearings open to the public are
held, except where such rooms are in a private residence.
13.
Smoking shall be prohibited within restaurants, bars, cocktail
lounges or restaurant with an attached bar.
[Ord. No. 2005-05-23-01 § 3, 5-23-2005]
A.
The
restrictions of this Chapter shall not apply to:
1.
Private residences, except when used as a child care or health
care facility.
2.
Retail tobacco stores.
4.
Restaurants, bars, cocktail lounges or restaurants with an attached
bar with designated smoking areas separated by a solid approved barrier.
5.
Separate heating, ventilating or air conditioning system shall
be required for operations of any new or existing food or liquor serving
establishments.
[Ord. No. 2005-05-23-01 § 4, 5-23-2005]
A.
Designated
smoking areas shall have the following:
1.
"Smoking allowed" sign designating such area as a smoking allowed
area.
2.
Separate smoking areas are designated by the proprietor or persons
in charge.
3.
New or existing physical barriers and functioning ventilation
systems that shall be used to minimize the irritating and toxic effects
of smoke in adjacent non-smoking areas.
4.
Barriers shall be built separating the designated smoking area.
[Ord. No. 2005-05-23-01 § 5, 5-23-2005]
A.
The City Council of Greenwood, Missouri, does hereby find that:
1.
Numerous 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 healthy
non-smokers, including heart disease, stroke, respiratory disease
and lung cancer.
2.
The Public Health Service's National Toxicology Program
has listed secondhand smoke as a known carcinogen.
3.
Secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease and individuals with impaired
respiratory function, including asthmatics and those with obstructive
airway disease.
4.
Children exposed to secondhand smoke have an increased risk
of asthma, respiratory infections, sudden infant death syndrome, developmental
abnormalities and cancer.
5.
The Americans with Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired
respiratory function to be a disability.
6.
The U.S. Surgeon General has determined that the simple separation
of smokers and non-smokers within the same air space may reduce, but
does not eliminate, the exposure of non-smokers to secondhand smoke.
7.
The Environmental Protection Agency has determined that secondhand
smoke cannot be reduced to safe levels in businesses by high rates
of ventilation. Air cleaners, which are only capable of filtering
the particular matter and odors in smoke, do not eliminate the known
toxins in secondhand smoke.
B.
Accordingly, the City of Greenwood, Missouri, Board of Aldermen finds
and declares that the purposes of this Chapter are:
[Ord. No. 2005-05-23-01 § 6, 5-23-2005]
The following terms used in this Chapter have the following
meanings unless the context clearly indicates otherwise:
An establishment licensed under the liquor laws of the State
of Missouri that draws seventy percent (70%) of its total revenue
from the sale of liquor.
Any structures with a combination of three (3) or more walls
and ceiling.
An establishment licensed as a restaurant within the City
of Greenwood or an establishment whose primary business activity is
the retail sale of prepared food and beverages and has seating for
on-premises consumption of food.
The lighting of any cigarette, cigar or pipe or the possession
of any lighted cigarette, cigar or pipe regardless of its composition.
[Ord. No. 2005-05-23-01 § 7, 5-23-2005]
A.
To advise persons of the existence of a no smoking area, an owner,
proprietor, lessee, principal manager or person in control of an establishment
within a building shall post signs at the entry of the establishment
displaying the words "No Smoking" with letters of not less than one
(1) inch in height or the international no-smoking symbol consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a bar across it. Failure to post such signage will
be considered a violation of this Section and will be subject to the
penalty provisions of Section 235.080(2).
B.
The owner, proprietor, lessee, principal manager or person in control
of a place set out in this Chapter, upon observation of a person smoking
in violation of this Chapter, shall request that such person stop
smoking.
[Ord. No. 2005-05-23-01 § 7, 5-23-2005]
A.
The
Enforcement Officer of this Chapter shall be the City Administrator
and/or the City Manager for the City of Greenwood, all law enforcement
agents and all agents designated by the City Administrator and/or
City Manager.
1.
A person who smokes in an area where smoking is prohibited by
the provision of this Chapter shall be guilty of an infraction, punishable
by a monetary penalty of one hundred dollars ($100.00) for the first
offense and two hundred fifty dollars ($250.00) for each subsequent
offense.
2.
A person who owns, manages, operates or otherwise controls a
public building who fails to comply with the provisions of this Chapter
shall be guilty of an infraction, punishable by a monetary penalty
not exceeding two hundred fifty dollars ($250.00) for each offense.
