[Ord. No. 8695, 9-20-2019]
This Chapter shall be known as the Monett Clean Indoor Air Ordinance.
[Ord. No. 8695, 9-20-2019]
The following words and phrases, whenever used in this Chapter,
shall be construed as defined in this section:
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises, including, but
not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
A sole proprietorship, partnership, joint venture, corporation,
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered.
The areas of a State-licensed gambling facility where gaming
is allowed for those twenty-one (21) years of age or older, including
any VIP lounge, accessible only through the gaming floor, whether
or not gaming is allowed in the VIP lounge.
Any electronic oral device, such as one (1) composed of a
heating element, battery, and/or electronic circuit, which provides
a vapor of nicotine or any other substances, and the use or inhalation
of which simulates smoking. The term shall include any such device,
whether manufactured, distributed, marketed, or sold as an e-cigarette,
e-cigar, e-pipe, or any other product name or descriptor.
A person who is employed by an employer in consideration
for direct or indirect monetary wages or profit.
A person, business, partnership, association, corporation,
including a municipal corporation, trust, or non-profit entity that
employs the services of one (1) or more individual persons.
All space between a floor and a ceiling that is bounded on
at least two (2) sides by walls, doorways, or windows, whether open
or closed. A wall includes any retractable divider, garage door, or
other physical barrier, whether temporary or permanent and whether
or not containing openings of any kind.
An office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological,
or psychological conditions, including, but not limited to, hospitals,
rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, long-term care facilities, homes for the aging
or chronically ill, laboratories, and offices of surgeons, chiropractors,
physical therapist, physicians, psychiatrists, dentists, and all specialists
within these professions. This definition shall include all waiting
rooms, hallways, private rooms, semiprivate rooms, and wards within
health care facilities.
An organization, whether incorporated or not, which is the
owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, which is operated solely for recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose,
but not for pecuniary gain, and which only sells alcoholic beverages
incidental to its operation. The affairs and management of the organization
are conducted by a board of directors, executive committee, or similar
body chosen by the members at an annual meeting. The organization
has established bylaws and/or a constitution to govern its activities.
The organization has been granted an exemption from the payment of
Federal income tax as a club under 26 U.S.C. Section 501.
An area under the control of a public or private employer,
including, but not limited to, work areas, private offices, employee
lounges, restrooms, conference rooms, meeting rooms, classrooms, employee
cafeterias, hallways, construction sites, temporary offices, and vehicles.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care, or health care facility.
An area to which the public is invited or in which the public
is permitted, including, but not limited to, banks, bars, educational
facilities, health care facilities, reception areas, restaurants,
retail food production and marketing establishments, retail service
establishments, retail stores, shopping malls, sports arenas, theatres,
and waiting rooms. A private residence is not a "public place" unless
it is used as a child care, adult day care, or health care facility.
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school
cafeterias, which gives or offers for sale 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 a bar area within the restaurant.
An indoor or outdoor line in which one (1) or more persons
are waiting for or receiving service of any kind, whether or not the
service involves the exchange of money, including, but not limited
to, ATM lines, concert lines, food vendor lines, movie ticket lines,
and sporting event lines.
An enclosed public walkway or hall area that serves to connect
retail or professional establishments.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, pipe, or other tobacco or plant product intended
for inhalation. "Smoking" also includes the use of an e-cigarette
which creates a vapor, in any manner or in any form, or the use of
any oral smoking device for the purpose of circumventing the prohibition
of smoking in this Chapter.
A place where people assemble to engage in physical exercise,
participate in athletic competitions or witness sports or other events,
including sports pavilions, stadiums, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, and bowling alleys.
[Ord. No. 8695, 9-20-2019]
All enclosed areas, including buildings and vehicles owned,
leased, or operated by the City of Monett shall be subject to the
provisions of this Chapter.
[Ord. No. 8695, 9-20-2019]
A.
Smoking
shall be prohibited in all enclosed public places within the City
of Monett, including, but not limited to, the following places:
1.
Aquariums, galleries, libraries, and museums.
2.
Areas available to the general public in businesses and non-profit
entities patronized by the public, including, but not limited to,
banks, laundromats, professional office, and retail service establishments.
3.
Bars.
4.
Child care and adult day care facilities.
5.
Convention facilities.
6.
Educational facilities, both public and private.
7.
Elevators.
8.
Health care facilities.
9.
Hotels and motels, except in designated private sleeping rooms allowed for smoking and rented to guests, in accordance with the restrictions contained in Section 221.080 of this Chapter.
10.
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
11.
Polling places.
12.
Public transportation vehicles, including buses and taxicabs, under
the authority of the City of Monett, and ticket, boarding, and waiting
areas of public transportation facilities, including bus, train, and
airport facilities.
13.
Restaurants.
14.
Restrooms, lobbies, reception areas, hallways, and other common-use
areas.
15.
Retail stores.
16.
Rooms, chambers, places of meeting or public assembly, including
school buildings, under the control of an agency, board, commission,
committee or council of the City of Monett or a political subdivision
of the State, to the extent the place is subject to the jurisdiction
of the City of Monett.
17.
Service lines.
18.
Shopping malls.
19.
Sports arenas.
20.
Theaters and other facilities primarily used for exhibiting motion
pictures, State performances, lectures, musical recitals or other
similar performance.
[Ord. No. 8695, 9-20-2019]
A.
Smoking shall be prohibited in all enclosed places of employment, except as may be otherwise provided in Section 221.080 of this Chapter. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
B.
This
prohibition on smoking shall be communicated to all existing employees
by the effective date of this Chapter and to all prospective employees
upon their application for employment.
[Ord. No. 8695, 9-20-2019]
A.
Smoking
shall be prohibited in the following enclosed residential facilities:
[Ord. No. 8695, 9-20-2019]
Smoking shall be prohibited within a reasonable distance of
fifteen (15) feet from outside entrances, operable windows, and air
intake ventilation systems of enclosed areas where smoking is prohibited,
so as to prevent tobacco smoke from entering those areas.
[Ord. No. 8695, 9-20-2019]
A.
Notwithstanding
any other provision of this Chapter to the contrary, smoking shall
not be prohibited in the following areas:
1.
Private vehicles or private residences, unless they are used as a
childcare, adult day care, or health care facility.
2.
Not more than twenty-five percent (25%) of hotel and motel sleeping
rooms rented to guests and designated as smoking rooms. All smoking
rooms on the same floor must be contiguous, and smoke from these rooms
must not infiltrate into areas where smoking is prohibited under the
provisions of this Chapter. The status of rooms as smoking or non-smoking
may not be changed, except to add additional non-smoking rooms.
3.
Membership clubs that have no employees present, except when being
used for a function to which the general public is invited; provided
that smoke from such clubs does not infiltrate into areas where smoking
is prohibited under the provisions of this Chapter. This exemption
shall not apply to any organization that is established for the purpose
of avoiding compliance with this Chapter.
4.
Casino gaming areas as defined by this Chapter.
[Ord. No. 8695, 9-20-2019]
Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 221.100(A)(1) is posted.
[Ord. No. 8695, 9-20-2019]
A.
The
owner, operator, manager, or other person in control of a public place
or place of employment where smoking is prohibited by this Chapter
shall:
1.
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)
in that place.
2.
Clearly and conspicuously post at every entrance to that place a
sign stating that smoking is prohibited in letters no less than one
(1) inch in height.
3.
Remove all ashtrays from any area where smoking is prohibited by
this Chapter, except for ashtrays displayed for sale and not for use
on the premises.
[Ord. No. 8695, 9-20-2019]
A.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Chapter or reports or attempts to prosecute a violation of this Chapter. Notwithstanding Section 221.130, violation of this Subsection shall be a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) for each violation.
B.
Any
employee who works in a setting where an employer allows smoking does
not waive or otherwise surrender any legal rights the employee may
have against the employer or any other party.
[Ord. No. 8695, 9-20-2019]
A.
Notice
of the provisions of this Chapter shall be given to all applicants
for a business license in the City of Monett.
B.
The
proprietor or other person having control of a place governed by this
Chapter upon observing a person smoking or using e-cigarettes shall
immediately request that person to cease that action.
C.
If
that person smoking or using e-cigarettes fails to immediately comply
with the request, the proprietor or other person in control shall
refuse service to the user and request that they leave the premises.
D.
If
that person smoking or using e-cigarettes fails to peaceably leave
the premises, the proprietor or other person having control shall
request assistance from the Police Department.
E.
The
Fire Department, Building Development Department, Health Department
or their designees shall, while an establishment is undergoing otherwise
mandated inspections, inspect for compliance with this Chapter.
F.
Notwithstanding
any other provision of this Chapter, an employee or private citizen
may bring legal action to enforce this Chapter.
[Ord. No. 8695, 9-20-2019]
A.
A person
who smokes in an area where smoking is prohibited by the provisions
of this Chapter shall be guilty of an infraction, punishable by a
fine not exceeding fifty dollars ($50.00).
B.
Except as otherwise provided in subsection (A) above, a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Chapter shall be guilty of an infraction punishable by:
1.
A fine not exceeding one hundred dollars ($100.00) for a first violation.
2.
A fine not exceeding two hundred dollars ($200.00) for a second violation
within one (1) year of the previous violation.
3.
A fine not exceeding five hundred dollars ($500.00) for each additional
violation within one (1) year of the previous violation.
C.
In
addition to the fines established by this Section, violation of this
Chapter by a person who owns, manages, operates, or otherwise controls
a public place or place of employment may result in the suspension
or revocation of any permit or license issued to the person for the
premises on which the violation occurred.
D.
Violation
of this Chapter is hereby declared to be a public nuisance, which
may be abated by a restraining order, preliminary and permanent injunction,
or other means provided for by law, and the City of Monett may take
action to recover the costs of the nuisance abatement.
E.
Each
day on which a violation of this Chapter occurs shall be considered
a separate and distinct violation.
[Ord. No. 8695, 9-20-2019]
This Chapter shall be liberally construed so as to further its
purposes.
