The city hereby adopts the provisions of this article for the purpose of protecting the health and safety of its citizens by establishing areas where smoking and the use of e-cigarettes are prohibited.
(Ordinance 2015-1179 adopted 6/23/15)
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
means the director of the department designated by the city manager to enforce and administer this article or the director's designated representative.
means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device. The term does not include a prescription medical device unrelated to the cessation of smoking. The term includes:
A device described by this subsection regardless of whether the device is manufactured, distributed, or sold as an e-cigarette, e-cigar, or e-pipe or under another product name or description; and
A component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.
means any club, organization, or business wherein:
Admission is allowed only to members of the club, organization, or business and their immediate families and guest, but not to the general public; and
The club's land and improvements are owned or controlled by the members, where "controlled by" shall mean through a long-term lease or other managing interest in real property such as may commonly be found in private country clubs or fraternal organizations.
For purposes of this article, "private club" does not have the same meaning as a private club restaurant as defined in Texas Alcoholic Beverage Code, as amended. |
means any area to which the general public routinely has access for municipal services or which is designated a public service area in a written policy prepared in compliance with this article.
means a retail store which is utilized primarily for the sale of e-cigarettes and related products and accessories and in which the sale of products not related to the sale and/or use of e-cigarettes is merely incidental.
means a retail store which is utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
means and includes the possession of a pipe, cigar, cigarette, or tobacco product of any kind that is burning, or the igniting of a pipe, cigar, cigarette, or tobacco product of any kind.
means a cigarette, cheroot, stogie, cigar, snuff, smoking tobacco, chewing tobacco and any article or product made of tobacco or a tobacco substitute.
means a person violating this article.
(Ordinance 2015-1179 adopted 6/23/15)
(a)
It shall be unlawful for any person to smoke or use e-cigarettes in any area where such activity is prohibited by the provisions of this article.
(b)
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with this article.
(c)
Any person, firm or corporation found to be violating any term or provision of this article, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each offense. Every act in violation of this article shall constitute a separate offense.
(d)
Unless otherwise specifically set forth herein, the allegation and evidence of culpable mental state are not required for the proof of an offense of this article.
(Ordinance 2015-1179 adopted 6/23/15)
In addition to and cumulative of all other penalties, the city shall have the right to seek injunctive relief for any and all violations of this article.
(Ordinance 2015-1179 adopted 6/23/15)
(a)
Enforcement of this article shall be implemented by the director.
(b)
It is the duty of the owner, manager, operator or person-in-charge of any establishment regulated by this article:
(2)
To not provide ashtrays, matches, lighters or other smoking or e-cigarette related paraphernalia in a regulated premises;
(3)
To advise a person who violates this article that smoking and the use of e-cigarettes is not allowed; and
(4)
To request a person remove themselves from this location after that person has been advised that smoking and/or the use of e-cigarettes is not allowed and that person willfully continues to smoke or use an e-cigarette.
(Ordinance 2015-1179 adopted 6/23/15)
The owner, operator, manager or employee of an establishment wherein smoking or the use of e-cigarettes is prohibited, shall be required to orally inform persons violating this article of its provisions. The duty to inform such violator shall arise when such owner, operator, manager or employee becomes aware of the violation. If the person continues to violate this article after being requested to cease smoking or the use of an e-cigarette, it shall then become the responsibility of the owner, operator, manager or employee to immediately notify the police department and to file a complaint against the violator within ten days of the incident in the municipal court. Any such owner, operator, manager or employee who knowingly violates the provisions of this section when such duty arises as described in this section shall be subject to the penalties provided for in section 10.03.003.
(Ordinance 2015-1179 adopted 6/23/15)
A person commits an offense if he smokes or uses an e-cigarette in any of the following indoor or enclosed areas:
(1)
Within any enclosed facility within all places of employment and/or within any enclosed area available to and customarily used by the general public in all businesses, including but not limited to, retail stores, offices, banks, laundromats, warehouses, manufacturing facilities, leasing centers, food establishments and restaurants, including private club restaurants, and country clubs, except where specifically provided for in section 10.03.008, below;
(2)
Hotels and motels, except as provided for in section 10.03.008(5)(B);
(3)
Buses, bus terminals, taxicabs, airports and other facilities and means of public transit, as well as ticket, boarding, and waiting areas of public transit depots;
(4)
Movie theaters, drama and recital theaters, lecture halls, galleries, libraries, museums, conference centers, meeting rooms, and outdoor amphitheaters;
(5)
In or within 25 feet of sports stadiums, stadium seating, ticketing, queuing, and waiting areas, concession stands, and restrooms, whether public or private;
(6)
In public parks, including but not limited to public recreation fields, pools, children's playground equipment, concession stands, and restrooms, except as provided in section 10.03.008(6);
(7)
Waiting rooms, hallways, wards, private and semiprivate rooms of physical and mental health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
(8)
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks. retirement facilities, nursing homes, and other multiple-unit residential facilities;
(9)
Elevators;
(10)
Restrooms, lobbies, reception areas, hallways and any other common-use areas;
(11)
Service lines and waiting queues, whether indoor or outdoor;
(12)
Polling places;
(13)
Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city; and
(14)
Within 25 feet of any door, operable window/vent or other opening to an indoor enclosed area. except as allowed by section 10.03.008(3).
(Ordinance 2015-1179 adopted 6/23/15)
Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:
(1)
Private residences, including porch and yard areas, except when used as a childcare, adult day-care and health care facility;
(2)
Personal automobiles;
(3)
Outdoor places of employment, except where employees have to provide the public with service such as food or beverage service, within five (5) feet of any door, operable window/vent or other opening to an indoor enclosed area, service lines and waiting queues;
(4)
Retail tobacco stores or retail e-cigarette stores, but only if such stores are designed and operated with separate ventilation and HVAC systems that prevent the commingling of air with other businesses, common areas, hallways and other non-smoking areas;
(5)
Enclosed areas within private clubs that are not customarily used by or accessible to the general public may be designated as a smoking room and/or e-cigarette room for smoking and/or the use of e-cigarettes, subject to the following requirements:
(A)
Smoking rooms shall meet all of the following physical and operational standards:
(i)
Smoking rooms and e-cigarette rooms shall be required to post signs at the entrance to the room that state "Smoking Room, Members Only," "E-Cigarette Room, Members Only," or "Smoking and E-Cigarette Room, Members Only" as appropriate;
(ii)
Smoking rooms and e-cigarette rooms shall be designed and constructed to include a foyer with two doors separating such rooms from the non-smoking areas;
(iii)
Smoking rooms and e-cigarette rooms must be designed and constructed to include separate ventilation and HVAC systems that prevent the commingling of air with any other part of the private club; and
(iv)
Smoking rooms and e-cigarette rooms shall be separate from the private club's banquet or dining areas, bar or lounge areas, employee areas, kitchens, retail and pro shop areas, locker rooms, restrooms, other common areas, hallways, and other non-smoking areas and shall not be operated with food or beverage service except in a self-serve manner.
(B)
Not more than ten percent (10%) of the hotel and motel rooms within a single hotel/motel development which are rented to guests for overnight stays shall be designated as rooms where smoking and/or use of e-cigarettes is allowed. The following standards shall apply:
(i)
All such rooms shall be on the same floor, shall be contiguous to the other smoking or e-cigarette rooms and shall be configured and ventilated in a manner to restrict the smoke or e-cigarette vapors produced within said rooms from infiltrating into areas where smoking or the use of e-cigarettes is prohibited under provisions of this article;
(ii)
Separate ventilation and HVAC systems that prevent the commingling of air with other rooms, hallways and all other non-smoking areas shall be required; and
(iii)
The status of rooms as allowing smoking and/or e-cigarette use or non-smoking may not be changed, except to add additional non-smoking rooms.
(Ordinance 2015-1179 adopted 6/23/15)
The owner or person in control of any facility designated as a no smoking/no e-cigarette area in section 10.03.07 shall:
(1)
Have and implement a written policy on smoking which conforms to this article.
(2)
Make the policy available for inspection by employees and the director.
(Ordinance 2015-1179 adopted 6/23/15)
(a)
The owner, manager or other person having control of such building or premises where smoking and the use of e-cigarettes is prohibited by this article shall have a conspicuously posted sign clearly stating "No Smoking or Vaping," "No Smoking Including Electronic Cigarettes," or "No Smoking Including E-Cigarettes" at each entrance, whether for the public, employees or deliveries, and at restroom entrances.
(b)
The signs required by subsection (a) of this section shall have bold lettering of not less than one inch in height. The international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it, and "No Vaping" symbol, consisting of a pictorial representation of an e-cigarette with vapor being emitted or an electrical bolt symbol over the end opposite the mouthpiece enclosed in a red circle with red bar across it may also be used either separately or in combination as a single sign.
(c)
Any owner, manager, or other person having control of any establishment regulated by this article shall be responsible for posting appropriate signage.
(Ordinance 2015-1179 adopted 6/23/15)