Any building owned by the city, including but not limited to the city hall, the justice center, the activity center, the public works center and the history center.
A person who is employed by an employer in consideration for monetary compensation or profit.
Any person, business, partnership, corporation, association, or other entity that employs one or more persons.
Any enclosed indoor area under the control of an employer to which employees have access during the course of employment, including but not limited to work areas, employee lounges, employee restrooms, conference rooms and employee cafeterias; a private residence is not a place of employment.
Any enclosed area that is used by the general public, or that is a place of employment, and includes but is not limited to stores, offices, retail and marketing establishments, banks, restaurants, snack bars, inns, motels, other commercial establishments, educational facilities, public and private institutions or clubs and health care facilities.
Any public swimming pool owned or operated by the city, inclusive of the entire area within the enclosure device which surrounds such pool.
Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.
Includes the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or device, and lighting, emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind. Smoke or smoking also includes the inhaling, exhaling, emitting of smoke or vapor, or any other use of an e-cigarette as defined by Tex. Health & Safety Code Ann. § 161.081(1-a), as amended.
(Ordinance 2006-02-21-5, sec. 1, adopted 2/21/06; Ordinance 2020-01-21-02 adopted 1/21/20)
Any person, firm or corporation violating any provision of this division shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00). A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Nothing in this division excuses noncompliance with any state or federal law or city ordinance, or any rule or regulation adopted pursuant thereto, which prohibits smoking.
(Ordinance 2006-02-21-5, sec. 3, adopted 2/21/06)
A person commits an offense if he or she:
(1)
Knowingly or intentionally smokes in a public place and is not in an area designated as a smoking area under this division;
(2)
Knowingly and intentionally smokes in a city-owned building;
(3)
Knowingly and intentionally smokes in a designated greenbelt, preserve, canyon land, swim center or skateboard park;
(4)
Knowingly or intentionally smokes in a workplace and is not in an area designated as a smoking area under section 10.02.037;
(5)
Knowingly or intentionally smokes in a taxicab or other public conveyance that is not a taxicab or public conveyance in which smoking is permitted; or
(Ordinance 2006-02-21-5, sec. 2(A), adopted 2/21/06)
(a)
The owner, lessee or other person in charge of a public place may, but is not required to, designate one or more areas as smoking areas.
(b)
If a smoking area is designated in a public place, each such smoking area shall:
(1)
Be no larger in size than proportionate to the preference of the users normally requesting a smoking area, as can be demonstrated by the owner, lessee, or other person in charge;
(2)
Be situated so that ventilation minimizes the effect of smoke in adjacent nonsmoking area, and so that air from the smoking area is not drawn into or across a nonsmoking area;
(3)
Be designated by appropriate signs which are clearly visible to patrons in or entering the area;
(4)
Contain ashtrays, containers, or other facilities for extinguishment of smoking materials;
(5)
Be set apart or separated from nonsmoking areas; and
(6)
Not include service line or cashier areas.
(c)
In the event the owner, lessee or person in charge of a public place can demonstrate that the users or patrons normally requesting a smoking area constitute such a large portion of the users of the public place that it is impracticable for the owner, lessee or person in charge to meet the requirements of subsections (b)(2) and (b)(5) of this section without structural or other physical changes or significant expenditures, the owner, lessee or person in charge may designate an area not meeting the requirements of subsection (b)(1) of this section (including the entire public place, except for the areas designated in subsection (b)(6) of this section) as a smoking area. If the entire area is designated a smoking area, the owner, lessee or person in charge shall place a sign or signs at each entrance to the premises which are clearly visible and state that smoking is permitted throughout the premises.
(Ordinance 2006-02-21-5, sec. 2(B), adopted 2/21/06)
Except as provided by the preceding section, the owner, lessee or other person in charge of a public place shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than within designated smoking areas, is prohibited.
(Ordinance 2006-02-21-5, sec. 2(C), adopted 2/21/06)
(a)
The holder of any franchise to operate a taxicab or other public conveyance service within the city may, but is not required to, designate one or more of his vehicles operated pursuant to said franchise as vehicles in which smoking is permitted.
(b)
Each vehicle shall be designated by notices clearly visible to persons entering or in the vehicle as a vehicle in which smoking is permitted or a vehicle in which smoking is not permitted.
(Ordinance 2006-02-21-5, sec. 2(D), adopted 2/21/06)
Each employer who operates a place of employment in the city shall, after July 13, 1993, adopt, implement and maintain a written smoking policy which shall contain, at a minimum, the following provisions and requirements:
(1)
Any nonsmoking employee may object to his or her employer about smoke in any portion of his or her place of employment normally frequented by said employee. An employer shall designate areas in the workplace where smoking is allowed as a designated smoking area. Using already available means of ventilation, separation or partition, the employer shall attempt to reach a reasonable accommodation, insofar as possible, between the smoking area(s) and the other areas of the workplace. An employer is not required by this provision to incur any expense or make structural or other physical modifications to separate the areas to accommodate the preference of nonsmoking or smoking employees.
(2)
If an accommodation which is satisfactory to all affected nonsmoking employees cannot be reached as to any portion of the place of employment about which a complaint has been voiced, the preference of nonsmoking employees shall prevail, to the end that nonsmoking employees may work in a smoke-free environment. No such portion of the place of employment shall be designated as a smoking area. Provided however, the requirements of this subsection (2) shall not apply to nonsmoking employees whose job duties include serving of or routine interaction with members of the general public within designated smoking areas, or to any private enclosed workspace occupied exclusively by smokers, even though such office may be visited by nonsmokers.
(3)
The smoking policy shall be announced within three (3) weeks of adoption to all employees working in the place of employment and posted conspicuously in all workplaces under the employer’s jurisdiction.
(Ordinance 2006-02-21-5, sec. 2(E), adopted 2/21/06)
It is an exception to the application of section 10.02.033(1) of this division that the person smoking tobacco or in possession of the burning tobacco product is in a situation in which he is present at an event in which an entire room or confined area is used for a private social function and the event is under the control of the sponsor of the function and not of the owner, proprietor or person in charge of the public place. This exception includes, but is not limited to, areas of public places, such as hotels or motels, which are normally rented out to private groups.
(Ordinance 2006-02-21-5, sec. 2(F), adopted 2/21/06)
The following public places are not subject to provisions of this division. Such public places are encouraged, whenever possible, to follow the guidelines established in section 10.02.034(b) of this division.
(1)
An establishment in which more than 50% of its annual gross sales is from alcoholic beverages sold for on-premises consumption;
(2)
A separated bar area of a restaurant; and
(3)
A tobacco specialty retail shop.
(Ordinance 2006-02-21-5, sec. 2(G), adopted 2/21/06)
The owner, lessee or other person in charge of any conveyance or place described in V.T.C.A. Penal Code, section 48.01(a), as amended, commits an offense:
(1)
If he or she fails to have prominently displayed a reasonably sized notice that smoking is prohibited by state law in such conveyance and/or place; or
(2)
If he or she fails to have such conveyance or place equipped with facilities for extinguishment of smoking materials.
(Ordinance 2006-02-21-5, sec. 2(H), adopted 2/21/06)