This division shall commonly be referred to as the city non-smoking
ordinance.
(Ordinance 2022-O-08.24-004, sec.
A, adopted 8/24/2022)
This division provides regulatory standards throughout the city’s
incorporated municipal boundaries (i.e., city limits) but not the
extraterritorial jurisdiction (ETJ).
(Ordinance 2022-O-08.24-004, sec.
C, adopted 8/24/2022)
Words and phrases used in this division shall have the meanings
set forth in this section. Words and phrases which are not defined
in this division but are defined in other ordinances of the city shall
be given the meanings set forth in those ordinances. Other words and
phrases shall be given their common, ordinary meaning unless the context
clearly requires otherwise. Headings and captions are for reference
purposes only and shall not be used in the interpretation of this
division.
means the City of Liberty Hill, an incorporated municipality
located in Williamson County, Texas. The term may also refer to employees,
agents, or designees of the city council.
means the city council, which is the governing body (i.e.,
the “city council”) of the City of Liberty Hill.
means a battery-operated device used to inhale aerosol,
which typically contains nicotine, herb oils, flavorings, and other
chemicals.
means an individual, corporation, organization, government
agency, business, trust, partnership, association, or any other legal
entity.
includes the use of any tobacco products, e-cigarettes,
“vaping” devices, and smokeless tobacco products.
(Ordinance 2022-O-08.24-004, sec.
D, adopted 8/24/2022)
A person commits an offense in violation of this division if
he/she smokes a burning tobacco product, smokes tobacco, weed, or
other plant product, or operates an electronic vaping device in any
facility, building, space, or vehicle owned, operated, or managed
by the city or within fifteen (15) feet of any entrance of any facility
or building where smoking is prohibited or regulated in properties,
facilities, structures, vehicles, parks, pools, trails, and greenbelt
spaces owned or operated by the city.
(Ordinance 2022-O-08.24-004, sec.
2.3, adopted 8/24/2022)
The city shall obtain and cause to be posted at the entrance
of all facilities, buildings, spaces, or structures owned, operated
or managed by the city signs clearly and conspicuously notifying persons
that smoking and use of tobacco products is prohibited.
(Ordinance 2022-O-08.24-004, sec.
2.4, adopted 8/24/2022)
(a)
The
city shall provide adequate facilities and equipment for the disposal
of smoking and tobacco use products outside each entrance to any building
or structure owned by the city.
(b)
The
city shall obtain and cause to be posted at the entrance of all properties,
facilities, structures, vehicles, parks, pools, trails, and greenbelt
spaces owned or operated by the city, signs clearly and conspicuously
notifying persons that smoking and use of tobacco products/devices
are prohibited.
(c)
The
city shall provide adequate facilities and equipment for proper disposal
of smoking and tobacco use products outside each entrance to any properties,
facilities, structures, vehicles, parks, pools, trails, and greenbelt
spaces owned or operated by the city.
(Ordinance 2022-O-08.24-004, secs.
2.5–2.7, adopted 8/24/2022)
Any person, firm, corporation, or business entity violating
this division shall be deemed guilty of a class C misdemeanor, and
upon conviction thereof shall be fined a sum not to exceed three thousand
dollars ($3,000.00). Each continuing day’s violation under this
division shall constitute a separate offense. The penal provisions
imposed under this division 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 2022-O-08.24-004, sec.
2.8, adopted 8/24/2022)
It is a defense to prosecution under this division that the
city building in which the offense takes place does not have prominently
displayed a reasonably sized notice that smoking is prohibited by
city ordinance.
(Ordinance 2022-O-08.24-004, sec.
2.9, adopted 8/24/2022)
