(a) 
Title.
An ordinance designating certain areas as nonsmoking areas; prohibiting smoking in certain areas; providing an exemption; providing that this ordinance is cumulative of all ordinances; providing a severability clause; providing a savings clause; finding and determining that the meetings at which this ordinance is passed are open to the general public; providing for a general distribution; providing for publication in the official newspaper; and providing an effective date.
(b) 
Purpose.
Smoking is the single largest preventable cause of premature death and disability in the United States. Every year 350,000 Americans die prematurely from diseases caused by cigarette smoking, such as lung cancer, emphysema, and coronary disease. Nicotine addiction is “the most widespread example of drug dependency in our country,” according to the U.S. Public Health Service. Smoking accounts for 85-90% of emphysema mortality in America. Lung cancer, already the number one cause of cancer in American men, has surpassed breast cancer as the leading cancer killer of American women. The United States Environmental Protection Agency has concluded that passive smoking poses a public health risk greater than hazardous air pollutants from all industrial emissions combined. Rusk County has one of the highest lung cancer death rates in the nation. The city council recognizes the increasing evidence that smoke creates a danger to the health of its citizens and is a cause of annoyance and discomfort to those who are confined to spaces where smoke is present. It is the right of citizens to be able to choose for themselves whether or not to smoke, either actively or passively. It is desirable to authorize employers to designate non-smoking areas in certain workplaces. In order to protect the health and welfare of its citizenry as well as protect the rights of smokers and non-smokers, it is necessary for the city to restrict smoking in public places except in areas designated as smoking areas. The citizens of the city have demonstrated a desire to voluntarily comply with city ordinances which protect public health and welfare.
(2014 Code, sec. 78.00)
Administrative area
means the area of a business establishment not generally accessible to the public, including, but not limited to, individual offices, stockrooms, employee lounges or meeting rooms.
Enclosed
means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies.
Hospital
means any institution that provides medical, surgical and overnight facilities for patients.
Movie theater
means any establishment engaged in the business of exhibiting motion pictures to the public.
Public meeting
means a meeting required to be open to the public under V.T.C.A., Government Code, chapter 551.
Public place
means any enclosed indoor areas that may be used by the general public and includes, but is not limited to, stores, offices and other commercial establishments, restaurants, theaters, movie theaters, public and private schools and institutions of higher education, and hospitals and health care facilities.
Public service area
means any areas to which the general public routinely has access for municipal services or which is designated a public service area in a written policy.
Smokes or smoking
includes:
(1) 
Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device;
(2) 
Lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment or device; or
(3) 
Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device.
Smoking area
means an area or portion of a public place, hospital, nursing home, health care center or school designated and clearly marked for smoking.
(2014 Code, sec. 78.01)
(a) 
A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product or any lighted or burning pipe, cigar, cigarette of any kind, or smoking equipment or device, in a public meeting or in any of the following indoor enclosed areas:
(1) 
An elevator used or which may be used by the public;
(2) 
Any conference room, meeting room or public service area of any facility owned, operated or managed by the city, except those conference rooms, meeting rooms, administrative areas or office areas which are not generally open to the public;
(3) 
An area within an enclosed public place marked with a “No Smoking” sign in accordance with subsection (c) hereof by the owner or person in control thereof.
(b) 
Smoking shall be allowed and smoking signs are not required to be posted by the person in charge when smoking is permitted herein.
(c) 
The owner or person in control of an establishment or area designated in subsection (a) of this section shall post a sign, conspicuous to ordinary public view, at or near each public entrance. The sign shall contain the words “No Smoking Except in Designated Areas, City of Overton Ordinance,” or have the universal symbol for no smoking or other language that clearly prohibits smoking.
(d) 
Owners, operators or persons in control of public places are not required but may elect to be covered under this division by giving written notice to the city inspector, by designating the area or areas to be marked “No Smoking” and by posting signs in accordance with subsection (c) hereof. It is not required that any area of public places be designated as “smoking areas.”
(e) 
It is a defense to prosecution under this section:
(1) 
That the person was smoking in a situation in which a person is present at an event in which an entire room or hall is used for a social function sponsored by a private entity or individual and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the place; or
(2) 
That the person was smoking as a participant in an authorized theatrical performance.
(2014 Code, sec. 78.02)
This division does not require the owner, operator, manager or employee of an establishment to report a violation or to take any action against any individual violating these prohibitions.
(2014 Code, sec. 78.03)
Any person, firm, corporation, agent or employer thereof who violates any of the provisions of this division shall be fined an amount not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however, in the event a defendant has previously been convicted under this section, said defendant shall be fined an amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for a second conviction hereunder, and shall be fined an amount not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for a third conviction hereunder and for each conviction thereafter. Each day that a violation is permitted to exist shall constitute a separate offense.
(2014 Code, sec. 78.04)
(a) 
It shall be unlawful for a person to smoke in a building owned or leased by the city and used for city purposes.
(b) 
“Smoke,” “smokes,” or “smoking” includes:
(1) 
Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking equipment or device;
(2) 
Lighting a pipe, cigar or cigarette of any kind or any other smoking equipment or device; or
(3) 
Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking equipment or device.
(c) 
The city manager shall place signs visible at each entrance of all buildings owned or leased by the city and used for city purposes to notify persons entering that smoking is prohibited.
(2014 Code, sec. 31.100)