It is the goal of the city to provide all residents with a healthy
and safe environment. The city council is of the opinion that secondhand
smoke is contrary to this goal because it affects those in proximity
to a smoker in addition to the smoker. As a result it is hereby declared
that the city intends to limit the smoking of tobacco products in
establishments where its harmful effects can carry over and harm those
who have chosen not to smoke but are forced into contact with tobacco
smoke during their everyday actions.
(Ordinance 2011-37 adopted 10/10/11)
The smoking or carrying of a lighted pipe, cigar, cigarette
or any other type of smoking paraphernalia or material is prohibited
in the areas indicated in this article.
(Ordinance 2011-37 adopted 10/10/11)
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:
The city’s building official, or his designee, charged
with, among other things, the duties of enforcing and administering
this article.
The City of Celina, Texas.
Any restaurant, coffee shop, cafeteria, luncheonette, tavern,
cocktail lounge, sandwich stand, soda fountain, private and public
school cafeteria or eating establishment or any other eating establishment,
organization, club, boardinghouse or guesthouse, which gives or offers
for sale food to the public, guests, patrons or employees as well
as kitchens in which food is prepared on the premises for serving
elsewhere, including, but not limited to, catering facilities. Other
food product establishments include, but are not limited to, grocery
stores and food markets, not including those outdoors.
Any building, premises or portion thereof which is permitted
by the state and allowed by special use permit by the city as a private
club for the storing, possession and dispensing for on-premises consumption
of alcoholic beverages. Private club does not include a premises operated
by an organization which is not available to and not customarily used
by the general public and entry and privileges thereto are established
by regulations of that organization distinct from a Texas Alcohol
and Beverage private club membership.
Any enclosed, indoor area that is open to or is used by the
general public and includes, but is not limited to, retail stores,
grocery stores, offices, professional, commercial or financial establishments,
restaurants, public and private institutions of education, health-care
facilities, nursing and convalescent homes, residential treatment
facilities and buildings owned or occupied by political subdivisions.
Any establishment, which sells goods or services to the general
public.
A retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental.
Shall mean and includes the carrying or holding of a pipe,
cigar or cigarette of any kind which is burning, or the igniting of
a pipe, cigar or cigarette of any kind.
(Ordinance 2011-37 adopted 10/10/11)
(a)
A
person commits an offense in violation of this article if he smokes
or possesses a burning tobacco, weed or other plant product in any
of the following indoor and/or enclosed areas:
(1)
A public or private preschool, primary or secondary school;
(2)
Elevators, museums, libraries, galleries, public transportation facilities
open to the public and service lines of establishments doing business
with the general public;
(3)
Any building, facility, enclosed public area or park that is owned,
managed, or controlled by the city;
(4)
Any building which is used for or designated for the purpose of exhibiting
any motion picture, stage drama, lecture, musical recital, athletic
event or any other event whenever open to the public, including all
restrooms and any area commonly referred to as a lobby; however, smoking,
which is a part of a stage performance, is permitted;
(5)
Any retail or service establishment serving the general public, including
but not limited to, any food products establishment, department store,
restaurant, grocery store, private club, bingo parlor, bowling center,
drugstore, shopping mall, hair styling salons, including service lines;
(6)
All restrooms open for public use;
(7)
All areas in a laundromat open to and available to use by the public;
(8)
Within all areas available to and customarily used by the general
public in all businesses and nonprofit entities patronized by the
public, including, but not limited to, commercial, financial and professional
offices, including banks, hotels and motels; or
(9)
Within 20 linear feet of any entrance of any facility where smoking
is prohibited.
(b)
Notwithstanding
any other provision of this section, any owner, operator, manager
or other person, who controls any establishment or facility described
in this section, may declare that entire establishment or facility
as a nonsmoking establishment.
(c)
It
shall be a defense to prosecution under this section that the public
place in which the offense takes place does not have prominently displayed
a conspicuous notice that smoking is prohibited and that an offense
is punishable by a fine not to exceed $500.00.
(Ordinance 2011-37 adopted 10/10/11)
A person commits an offense in violation of this article if
he smokes or possesses a burning tobacco, weed or other plant product
in any public area of a health-care facility or hospital, including,
but not limited to, clinics, physical therapy facilities, doctor’s
offices, nursing and convalescent homes, residential treatment centers/homes
and dentists’ offices. In bed space areas of health facilities,
smoking shall be prohibited unless all patients within the room are
smokers and such smoking is ordered on the health-care facility’s
admission form by an attending physician, in keeping with the guidelines
established by the facility. Separate ventilation exhaust may be required
by the building official to accommodate such orders.
(Ordinance 2011-37 adopted 10/10/11)
The owner, operator or person in charge of a facility in which
smoking is regulated shall post signs, which designate smoking or
no smoking areas established by this article. The manner of such posting
shall be at the discretion of the owner, operator, manager or other
person having control of such room, building or other place so long
as the signs are conspicuous and state that smoking is prohibited
and that an offense is punishable by fine not to exceed $500.00.
(Ordinance 2011-37 adopted 10/10/11)
(a)
The
building official shall be responsible for compliance with this article
as to facilities, which are owned, operated or leased by the city.
The building official shall provide each applicant applying for a
certificate of occupancy with a copy of this article.
(b)
The
owner, operator, person in charge or manager of any facility, business
or agency within the purview of this article shall comply with the
provisions of this article.
(c)
The
building official, in his sole discretion, may enforce this article
by any of the following actions:
(1)
Serving written notice on the owner, operator, person in charge or
manager of any facility, business or agency within the preview [purview]
of this article, requiring the correction, within a specified reasonable
time frame, of any violation of this article;
(2)
Requesting the city attorney to maintain an action for injunction
to enforce the provisions of this article, to cause the correction
of any such violation and for assessment and recovery of a civil penalty
of such violation, including attorneys’ fees; or
(3)
Issuing a municipal court citation. The remedies contained herein
are cumulative of and in addition to any other remedies that are available
to the city at law or in equity.
(d)
In
undertaking the enforcement of this article, the city is assuming
an undertaking only to promote the general health, safety and welfare
of its citizens. The city is not assuming any duty or obligation,
nor is it imposing any duty and/or obligation on its officers and/or
employees, nor is it liable in money damages or otherwise to any person
who claims that the city and/or one of its officers and/or employees
breached any such obligation, and the breach proximately caused injury.
(Ordinance 2011-37 adopted 10/10/11)
Smoking shall not be permitted nor shall a person smoke, throw
or deposit any lighted or smoldering substance in any place where
“No Smoking” signs are posted.
(Ordinance 2011-37 adopted 10/10/11)
Notwithstanding any other provision of this article to the contrary,
smoking is not prohibited in the following areas:
(1)
Private
residences, except when used as a licensed child care or health-care
facility;
(2)
Hotel
and motel rooms rented to guests;
(3)
Retail
tobacco stores that have an enclosed, separately ventilated smoking
room that exhausts directly to the outside environment;
(4)
Any area exterior to the building in which the establishment or facility is located, except as otherwise regulated under section 6.08.004(a)(3) and (a)(8);
(5)
Any
enclosed rooms in an establishment or facility, which are being used
entirely for private parties, events or other social functions;
(6)
Enclosed
areas of an employer that are not available to the general public
and designated as a smoking area by the employer; or
(7)
Outdoor
areas, including outdoor patios that are adjacent to bars or restaurants
and that are served by employees of such bars or restaurants.
(Ordinance 2011-37 adopted 10/10/11)
Any person, firm, corporation or business entity violating this
article shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined a sum not exceeding $500.00. Each continuing
day’s violation under this article shall constitute a separate
offense. The penal provisions imposed under this article shall not
preclude the city from filing suit to enjoin the violation. The city
retains all legal rights and remedies available to it pursuant to
local, state and federal law.
(Ordinance 2011-37 adopted 10/10/11)
