The purpose of this article is to:
(1)
Improve
and protect the public’s health by eliminating smoking in public
places and places of employment/workplaces;
(2)
Promote
the right of nonsmokers to breathe smoke-free air; and
(3)
Recognize
that the need to breathe smoke free air shall have priority over the
choice to smoke.
(Ordinance 1430 adopted 6/9/09)
The following words and phrases, whenever used in this article,
shall be construed as defined in this section:
Any enclosed 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 such beverages, and where minors are not allowed admittance unless
they are accompanied by a parent or guardian. For purposes of this
definition, the serving of food is incidental to the consumption of
alcoholic beverages if the gross receipts from the sale of food is
fifty percent (50%) or less of the annual gross receipts of the establishment.
Any sole proprietorship, partnership, joint venture, corporation
or other business entity formed for profit-making purposes, including
retail establishments where goods or services are sold as well as
professional corporations and other entities where legal, medical,
dental, engineering, architectural or other professional services
are delivered.
Any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit.
Any person, partnership, corporation, including a municipal
corporation, or nonprofit entity, which employs the services of one
or more individual persons.
All space between a floor and ceiling which is enclosed on
all sides by solid walls or windows (exclusive of door or passage
ways) which extend from the floor to the ceiling, including all space
therein screened by partitions which do not extend to the ceiling
or are not solid.
Any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and restrooms,
conference and classrooms, employee cafeterias and hallways. 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 entity whether incorporated or not, which is the owner,
lessee, or occupant of a building or portion thereof used exclusively
for such organization’s purposes, 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 nonprofit organization under
26 U.S.C. section 501. The term “private organization”
shall not include any portion of a building or premises, whether owned
or leased by a nonprofit corporation, when said portion is in use
by an entity that is not a nonprofit corporation organized under 26
U.S.C. section 501.
Any enclosed area to which the public is not invited or in
which the public is not permitted, including but not limited to, personal
residences, private clubs or personal automobiles. A privately owned
business, open to the public, is not a private place.
Any enclosed area to which the public is invited or in which
the public is permitted, including but not limited to, banks, educational
facilities, health facilities, laundromats, public transportation
and affiliated facilities, reception areas, production and marketing
establishments, retail service establishments, retail stores and malls,
theaters and waiting rooms. A private residence is not a public place.
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.
A retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental. For purposes of this article, other products that
are merely incidental means not exceeding ten percent (10%) of annual
gross sales. Sales of incidental products shall not include the sale
of alcohol regardless of percentage of total gross sales.
Any indoor line at which one (1) or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe, weed, or plant in any manner or in any form.
Sports pavilions (football, baseball, softball, and soccer),
gymnasiums, health spas, boxing arenas, swimming pools, roller and
ice rinks, bowling alleys and other similar places where members of
the general public assemble either to engage in physical exercise,
participate in athletic competition, or witness sports events.
(Ordinance 1430 adopted 6/9/09)
Smoking shall be prohibited in all places of employment or workplaces
and enclosed public places within the city, including, but not limited
to, the following places:
(1)
Elevators.
(2)
Restrooms,
lobbies, reception areas, hallways and any other common-use areas.
(3)
Buses,
bus terminals, taxicabs, train stations, and other facilities and
means of public transit under the authority of the city, as well as
ticket, boarding, and waiting areas of public transportation facilities.
(4)
Service
lines.
(5)
Retail
stores and shopping malls.
(6)
All
enclosed areas available to and customarily used by the general public
in all businesses, including but not limited to, attorneys offices
and other offices, banks, laundromats, hotels and motels.
(7)
Bars,
restaurants, and nightclubs - unless 50% of its revenue is generated
by alcohol sales.
(8)
Galleries,
libraries, zoos, and museums.
(9)
Any
facility which is primarily used for exhibiting any motion picture,
stage, drama, lecture, musical recital or other similar performance,
except that performers may smoke when the smoking is part of a stage
production.
(10)
Indoor sports arenas and convention halls.
(11)
Every room, chamber, place of meeting or public assembly, under the
control of any board, council, commission, committee, including joint
committees, or agencies, of the city during such time as a public
meeting is in progress.
(12)
Waiting rooms, hallways, wards and semiprivate rooms of health facilities,
including, but not limited to, hospitals, clinics, physical therapy
facilities, doctors offices, and dentists offices.
(13)
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
(14)
Polling places.
(15)
Bingo facilities and bowling alleys.
(16)
Sexually oriented businesses - unless 50% of its revenue is generated
by alcohol sales.
(17)
Places of employment/workplaces.
(Ordinance 1430 adopted 6/9/09)
(a)
It
shall be the responsibility of employers to provide a smoke-free place
of employment for all employees.
(b)
Smoking
shall be prohibited in all indoor and outdoor areas used by employees,
in places of employment without exception. 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.
(c)
Each employer having control of any enclosed place of employment/workplace shall post a copy of section 6.07.038 in the place of employment within thirty (30) calendar days after the effective date of this article and in the future prior to receiving any required certificate of occupation from the city.
(Ordinance 1430 adopted 6/9/09)
Smoking shall be prohibited in the following outdoor areas:
(1)
Boarding
and waiting areas of public transportation facilities.
(2)
City
parks, playgrounds, and recreation areas.
(Ordinance 1430 adopted 6/9/09)
Smoking is prohibited within a distance of not less than thirty
(30) feet outside entrances, operable windows, and ventilation systems
of enclosed areas where smoking is prohibited in any public place
or place of employment/workplace.
(Ordinance 1430 adopted 6/9/09)
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
private residence, unless it is used as a child care, adult daycare
or health care facility.
(2)
A
retail tobacco store.
(3)
A
private organization, such as a country club.
(4)
Facilities
and property otherwise defined by this article that are under the
ownership, custody or control of another governmental or educational
institution.
(5)
Bars
or sexually oriented businesses if 50% of their revenue is generated
from alcohol sales.
(6)
Outdoor
areas, including outdoor patios, that are adjacent to bars or restaurants
and that are served by employees of such bars or restaurants, but
which are at least thirty (30) feet from outside entrances, operable
windows, and ventilation systems of enclosed areas where smoking is
prohibited by this article. For purposes of this subsection, the term
“outdoor area” shall mean an outdoor area that does not
have a roof, and has at least one side which does not extend to the
ceiling or is not solid.
(Ordinance 1430 adopted 6/9/09)
(a)
The
owner, manager or other person having control of a public place or
place of employment/workplace or other area where smoking is prohibited
by this article shall have a conspicuously posted sign clearly stating
NO SMOKING or displaying the international No Smoking symbol (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with red bar across it). The signs shall have bold lettering
of not less than one (1) inch in height and must be posted at each
entrance and within the building or other areas where smoking is prohibited.
(b)
All
ashtrays and other smoking paraphernalia shall be limited in facilities
to that required for the enforcement of extinguishing of smoking materials
in public places and places of employment.
(Ordinance 1430 adopted 6/9/09)
(a)
Enforcement
of this article shall be by city employees and/or contractors as designated
by the city manager or designee.
(b)
Notice
of the provisions set forth in this article shall be given to all
applicants for a certificate of occupancy or any other license to
operate a business in the city.
(c)
Any
person may register a complaint under this article to initiate enforcement
with any agency or official designated herein.
(d)
The
above-designated enforcement persons shall, while an establishment
is undergoing otherwise mandated inspections, inspect for compliance
with this article.
(e)
Any
owner, manager, operator or employee of any establishment regulated
by this article shall be responsible for informing persons violating
this article of the provisions.
(Ordinance 1430 adopted 6/9/09)
No person or employee shall discharge, refuse to hire or in
any manner retaliate against any employee, applicant for employment
or customer because such employee, applicant or customer exercises
any right to a smoke-free environment afforded by this article.
(Ordinance 1430 adopted 6/9/09)
(a)
It
shall be unlawful for the owner, manager or other person having control
of a public place or place of employment or other area where smoking
is prohibited by this article to allow smoking or to fail to comply
with any of the provisions of this article.
(b)
It
shall be unlawful for any person to smoke in any area where smoking
is prohibited by the provisions of this article, or to violate any
provision of this article.
(c)
Any
person who violates any provision of this article shall be guilty
of a misdemeanor and shall be punished by a fine of up to the maximum
allowed by law. Each day such violation shall continue or be permitted
shall be deemed a separate offense. It is hereby declared that the
culpable mental state required by Texas Penal Code section 6.02 or
successor, is specifically negated and clearly dispensed with, and
an offense under this article is declared to be a strict liability
offense.
(Ordinance 1430 adopted 6/9/09)
This article shall not be interpreted nor construed to permit
smoking where it is otherwise restricted by other applicable laws.
(Ordinance 1430 adopted 6/9/09)
