The following words and phrases, whenever used in this article,
shall be construed as defined in this section:
means a place where people assemble to engage in physical
exercise, participate in athletic competition, or witness sports or
other events, including sports pavilions, stadiums, ball fields, gymnasiums,
health spas, boxing arenas, swimming pools, roller and ice rinks,
and bowling alleys.
means an establishment that is devoted to the serving of
alcoholic beverages for consumption by guests on the premises and
in which the serving of food is only incidental to the consumption
of those beverages, including but not limited to taverns, nightclubs,
cocktail lounges, and cabarets. For the purpose of this article, it
shall be presumed that an establishment is a bar if alcohol sales
are in excess of fifty (50) percent of the gross receipts of the establishment
and the establishment has a valid on-premises consumption license
issued by the state alcoholic beverage commission.
means 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; and private clubs.
means or refers to an electronic device, including a device
that may be recharged and the components of the device, that converts
liquid nicotine into a gas or vapor intended to be inhaled or otherwise
orally used by a person and is generally described as a device composed
of a mouthpiece, a heating element or atomizer, a battery, and electronic
circuits that produce gas or vapor derived from liquid nicotine and
other substances which has the effect of simulating smoking. The term
includes such devices, regardless of the details of the appearance
or marketed name, generally manufactured to resemble cigarettes, cigars,
pipes, or other smoking devices. Electronic cigarettes are also variously
known as “e-cigarettes,” “e-cigs,” “electronic
vapors,” “e-vapors,” “vaping,” and other
similar names.
means a person who is employed by an employer in consideration
for direct or indirect monetary wages or profit, or a person who volunteers
his or her services.
means a person, business, partnership, association, corporation,
including a municipal corporation, trust, or nonprofit entity that
employs the services of one (1) or more individual persons.
means 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, whether
open or closed, and whether or not containing openings of any kind.
means 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 therapists, physicians, psychiatrists,
dentists, and all specialists within these professions. This definition
shall include all waiting rooms, hallways, private rooms, semi-private
rooms, and wards within health care facilities.
means any liquid product composed of nicotine, either in
whole or in part, propylene glycol, or similar substances and manufactured
for use in an e-cigarette.
means 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, 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.
means any park or recreational area designed in part to be
used by children that has play or sports equipment installed or that
has been designated or landscaped for play or sports activities, or
any similar facility located on public or private school grounds or
on city grounds.
means 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 a 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.
means an area to which the public is invited or in which
the public is permitted, including but not limited to: banks, grocery
stores, restaurants, retail stores, theaters, bowling alleys, gaming
facilities, health care facilities, hotels and motels, laundromats,
public transportation vehicles and facilities, reception areas, waiting
rooms, shopping malls and sports arenas. For the purposes of this
article, a bar, as defined herein, is not considered a “public
place.” A private residence is not a “public place”
unless it is used as a child care, adult day care, or health care
facility.
means 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 food 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.
means an enclosed area in which at least one (1) wall is
a retractable divider, garage door, or other physical barrier, whether
temporary or permanent, and in which the retractable divider, garage
door, or other physical barrier is open to the outside air thus allowing
ventilation into the area. The term does not include an enclosed area
with open windows.
means 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.
means an enclosed public walkway or hall area that serves
to connect retail or professional establishments.
means inhaling, exhaling, burning, or carrying any lighted
cigar, cigarette, pipe, weed, plant or other combustible substance
in any manner or form.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-46; Ordinance 2020-029, sec.
2, adopted 7/27/20; Ordinance 2022-041 adopted 6/27/22)
Smoking and the use of electronic cigarettes with or without
liquid nicotine are prohibited inside all city buildings and facilities,
and in all areas located within thirty (30) feet of any entrance to
the building or facility, operable windows, air intake ducts or ventilation
systems.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-51; Ordinance 2022-041 adopted 6/27/22)
Smoking and the use of electronic cigarettes with or without
liquid nicotine shall be prohibited in all enclosed public places
within the city, including but not limited to the following places:
(1)
Aquariums,
galleries, libraries, and museums.
(2)
Areas
available to the general public in businesses and nonprofit entities
patronized by the public, including but not limited to banks, laundromats,
professional offices, and retail service establishments.
(3)
Bingo
facilities.
(4)
Bowling
alleys.
(5)
Child
care and adult day care facilities.
(6)
Convention
facilities.
(7)
Educational
facilities, both public and private.
(8)
Elevators.
(9)
Gaming
facilities.
(10)
Health care facilities.
(11)
Hotels and motels.
(12)
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
(13)
Polling places.
(14)
Public transportation vehicles, including buses and taxicabs, under
the authority of the city, and ticket, boarding, and waiting areas
of public transportation facilities, including bus, train, and airport
facilities.
(15)
Restaurants.
(16)
Restrooms, lobbies, reception areas, hallways, and other common-use
areas.
(17)
Retail stores.
(18)
Rooms, chambers, and places of meeting or public assembly, including
school buildings, under the control of an agency, board, commission,
committee or council of the city or a political subdivision of the
state, to the extent the place is subject to the jurisdiction of the
city.
(19)
Service lines.
(20)
Shopping malls.
(21)
Sports arenas, including enclosed places in outdoor arenas.
(22)
Theaters and other facilities primarily used for exhibiting motion
pictures, stage dramas, lectures, musical recitals, or other similar
performances.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-52; Ordinance 2022-041 adopted 6/27/22)
(a)
Except
as otherwise provided herein, smoking shall be prohibited in all enclosed
areas or places of employment. This includes, but is not limited to:
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. If the openings in an unenclosed area are covered or closed,
such that the area at the time meets the definition of being enclosed,
then smoking must be prohibited in the area while the openings are
covered or closed.
(b)
This
prohibition on smoking shall be communicated by employers to all existing
employees within five (5) days of the effective date of the ordinance
from which this article is derived and to all prospective employees
upon their application for employment.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-53; Ordinance 2020-029, sec.
3, adopted 7/27/20)
(a)
This section applies only to semi-enclosed areas in places of employment
as defined herein.
(b)
An owner of a business may seek a variance from the prohibition set forth in section 7.03.004 for semi-enclosed areas on its premises. To seek such a variance, the owner shall submit an application to the department of planning and community development. Said application must contain the following information:
(1)
The name, address, telephone number, contact person, and ownership
information for the business.
(2)
The square footage of the semi-enclosed area for which the variance
is sought.
(3)
The general nature of the business and the activities to be conducted
in the semi-enclosed area.
(4)
The approximate square footage of the semi-enclosed area or areas
for which the variance is sought.
(5)
The approximate square footage of the proposed open area or areas
in relation to the enclosed portion of the area or areas.
(6)
The number of employees to be working in the semi-enclosed area or
areas for which the variance is sought. The application shall state
the number of employees in each separate semi-enclosed area separately.
(7)
Whether members of the public generally have access to the semi-enclosed
area.
(8)
The number of retractable dividers, garage doors, or other moveable
physical barriers in the semi-enclosed area which when open allow
ventilation of outside air.
(9)
Photographs of the semi-enclosed area with the barriers open and
with the barriers closed.
(10)
A petition requesting the variance signed by the majority of the number of employees disclosed under subsection (b)(6) for each semi-enclosed area for which a variance is sought.
(11)
The application must be signed by the plant or business manager and
the human resources director of business. If the manager and the human
resources director are the same person, that shall be noted on the
application.
The city may reject an application for incompleteness. The city
council will not consider an incomplete application.
(c)
A variance under this section may be granted by the city council
at its discretion after a public hearing on the application for which
notice has been published in the city’s newspaper of record
and at which testimony both for and against the variance will be taken.
The city council may consider the following factors among others in
determining whether to grant a variance:
(1)
The number of employees potentially affected by the variance.
(2)
The number of retractable walls or barriers which will be left open
during times at which smoking will be allowed.
(3)
The ratio of wall area to be open to the air to the walls that will
remain enclosing the space.
(4)
Whether members of the public generally have access to the semi-enclosed
area.
(5)
Testimony for and against the variance.
(6)
The approximate square footage of the semi-enclosed area the subject
of the proposed variance.
(7)
Any matters contained in the application.
(d)
Prior to the public hearing on the proposed variance, the applicant
shall post the following notice in a conspicuous place in the semi-enclosed
area the subject of said variance:
ATTENTION: [Name of business] has filed an application with
the City Council of the City of Paris, Texas for a variance of the
prohibition against smoking and the use of electronic cigarettes for
the following semi-enclosed area: [Describe semi-enclosed area]. The
City Council will hold a public hearing on the proposed variance at
5:30 p.m. on Monday, [date] in the City Council Chambers at 107 E.
Kaufman St. at which you may speak for or against the variance. If
granted, the variance will allow smoking and the use of electronic
cigarettes in the specified semi-enclosed area.
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Said notice shall be in a typeface and type size that are easily
readable and shall be posted so as to give reasonable notice to employees
of the public hearing.
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(e)
A variance granted under this section shall be effective for a period
of three (3) years and after it is granted by the city council, and
the business may apply for renewal variances of three (3) years thereafter.
(f)
Upon denial of a variance under this section, a business may not
reapply for a variance for a period of one (1) year from the date
of denial.
(g)
It shall be unlawful to smoke or use an electronic cigarette, or
to allow smoking or the use of an e-cigarette in a semi-enclosed area
in the absence of a variance granted under this section, or to smoke
or use an electronic cigarette, or to allow smoking or the use of
an e-cigarette in a semi-enclosed area in which at least one wall
is open to the outside air.
(h)
The decision of the city council on an application for variance under
this section is final and is not appealable.
(Ordinance 2022-041 adopted 6/27/22)
Smoking shall be prohibited in the following enclosed residential
facilities: nursing homes, assisted living facilities and rehabilitative
care facilities.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-55)
Smoking and the use of electronic cigarettes with or without
liquid nicotine shall be prohibited in the following outdoor places:
(1)
In
or upon all city parks, playgrounds, trails, ball fields, swimming
pools, tennis courts, basketball courts, sports complexes or other
city-owned or city-controlled outdoor recreation centers.
(2)
Within
thirty (30) feet of outside entrances, operable windows, and ventilation
systems of enclosed areas where smoking is prohibited, so as to prevent
tobacco smoke from entering those areas.
(3)
In
or within twenty-five (25) feet of any entrance, doorway, operable
window, air duct or ventilation system to any city building or facility.
(4)
In
outdoor seating or serving areas of restaurants and within thirty
(30) feet of those areas.
(5)
In
all outdoor arenas, stadiums, sports fields and amphitheaters. Smoking
shall also be prohibited in and within twenty-five (25) feet of bleachers,
grandstands, restroom facilities and concession stands serving these
facilities.
(6)
On
all outdoor playgrounds and within thirty (30) feet of any outdoor
playground.
(7)
In,
and within thirty (30) feet of, all outdoor public transportation
stations, platforms, and shelters under the authority of the city.
(8)
In
all outdoor service lines, including lines in which service is obtained
by persons in vehicles, such as service that is provided by bank tellers,
automatic teller machines, parking lot attendants, and toll takers.
In lines in which service is obtained by persons in vehicles, smoking
is prohibited by both pedestrians and persons in vehicles, but only
within thirty (30) feet of the point of service.
(9)
In
outdoor common areas of apartment buildings, condominiums, trailer
parks, retirement facilities, nursing homes, and other multiple-unit
residential facilities, except in designated smoking areas, not to
exceed twenty-five (25) percent of the total outdoor common area,
which must be located at least thirty (30) feet from outside entrances,
operable windows, and ventilation systems of enclosed areas where
smoking is prohibited.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-56; Ordinance 2022-041 adopted 6/27/22)
(a)
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)
A tobacco retail shop which is primarily engaged in the sale of tobacco,
tobacco products, or smoking accessories, provided that establishment
does not allow or employ persons under the age of eighteen (18) years
within the establishment;
(3)
Private residences, except when used as a child care, adult day care,
group home, or health care facility;
(4)
A private club as defined in this article.
(b)
Smoke
from the places listed in this section is prohibited from infiltrating
into areas where smoking is prohibited under the provisions of this
article. It shall be an offense under this article for a person to
allow such infiltration to occur.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-57)
Notwithstanding any other provision of this article, 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 nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of section 7.03.009 is posted.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-58)
The owner, operator, manager, or other person in control of
a public place or place of employment where smoking is prohibited
by this article 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. The following wording may be used:
NO SMOKING, CITY ORDINANCE, ARTICLE 3, CHAPTER 17. VIOLATORS
FINED UP TO $2,000.00.
(3)
Clearly
and conspicuously post on every vehicle that constitutes a place of
employment under this article at least one (1) sign, visible from
the exterior of the vehicle, stating that smoking is prohibited.
(4)
Remove
all ashtrays from any area where smoking is prohibited by this article,
except for ashtrays displayed for sale and not for use on the premises.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-59)
(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 article or reports or attempts to prosecute a violation of this
article.
(b)
An
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.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-60)
(a)
This
article shall be enforced by the city police department or any authorized
designee of the city.
(b)
Notice
of the provisions of this article shall be given to all applicants
for a business license in the city.
(c)
Any
citizen who desires to register a complaint under this article may
contact the city police department.
(d)
The
building official, fire department, or their designees shall, while
an establishment is undergoing otherwise mandated inspections, inspect
for compliance with this article.
(e)
An
owner, manager, operator, or employee of an area regulated by this
article shall direct a person who is smoking in violation of this
article to extinguish the product being smoked. If the person does
not stop smoking, the owner, manager, operator, or employee shall
refuse service and shall immediately ask the person to leave the premises.
If the person in violation refuses to leave the premises, the owner,
manager, operator, or employee shall contact a law enforcement agency.
(f)
In
addition to the remedies provided by the provisions of this article,
the city manager or his authorized designee, or any person aggrieved
by the failure of the owner, operator, manager, or other person in
control of a public place or a place of employment to comply with
the provisions of this article, may apply for injunctive relief to
enforce those provisions in any court of competent jurisdiction.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-70)
(a)
A
person who smokes in an area where smoking is prohibited by the provisions
of this article shall be guilty of a misdemeanor, and upon conviction
shall be subject to a fine of no less than fifty dollars ($50.00)
and no more than two thousand dollars ($2,000.00) per violation.
(b)
Except as otherwise provided in section 7.03.011, 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 article shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of no less than fifty dollars ($50.00) and no more than two thousand dollars ($2,000.00) per violation.
(c)
In
addition to the fines established by this section, any person who
owns, manages, operates, or otherwise controls a public place or place
of employment and who continues to violate this article following
notice or citation from the city may have their permit to operate
or their certificate of occupancy suspended or revoked by the city.
(d)
Violation
of this article is hereby declared to be a public nuisance, which
may be abated by the city manager or his authorized designee by restraining
order, preliminary and permanent injunction, or other means provided
for by law, and the city may take action to recover the costs of the
nuisance abatement.
(e)
Each
day on which a violation of this article occurs shall be considered
a separate and distinct violation.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-71)
Within forty-eight (48) hours following the city council’s
enactment of the ordinance from which this article is derived, the
city manager or his designee shall post a copy of the new smoking
regulations on the city’s website and deliver a copy of this
article to all local media for notification of the public. There shall
be a thirty (30) day grace period following the effective date of
the ordinance during which time the city police department and/or
other city enforcement officials shall issue verbal or written warnings
to any person or business that may violate the terms of this article.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-72)
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-73)
This article shall be liberally construed so as to further its
purposes.
(Ordinance 2014-003, sec. 1, adopted 3/24/14; 1988 Code, sec. 17-74)
