The Town Council hereby declares its purpose in enacting this division is to further the public health, safety and welfare of the town and its citizens through the regulation of smoking in all municipal buildings.
(Ordinance 01-05, § 2, adopted 5/8/2001)
Municipal building.
The enclosed, indoor area of any building that is owned, occupied and/or operated by the town.
Smoke or smoking.
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 which is burning.
(Ordinance 01-05, § 3, adopted 5/8/2001)
A person commits an offense in violation of this division if he/she smokes or possesses a burning tobacco, weed or other plant product in any municipal building.
(Ordinance 01-05, § 4, adopted 5/8/2001)
The town shall post conspicuous signs at the main entrance of each municipal building that read "No Smoking, Town of Prosper Ordinance No. 01-05 (offense punishable by a fine not to exceed $2,000.00)."
(Ordinance 01-05, § 5, adopted 5/8/2001)
In undertaking the enforcement of this division, the town is assuming an undertaking only to promote the general health, safety and welfare of its citizens. The town 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:
(1) 
The town and/or one of its officers and/or employees breached any such obligation; and
(2) 
The breach proximately caused injury.
(Ordinance 01-05, § 7, adopted 5/8/2001)
Any person, firm, corporation or business entity violating this division shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in § 1.01.009 of this Code. Each continuing day's violation under this division shall constitute a separate offense. The penal provisions imposed under this division shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ordinance 01-05, § 8, adopted 5/8/2001)