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:
Bar
means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food represents less than 50 percent of total receipts, including, but not limited to, taverns, nightclubs, cocktail lounges and cabarets. A bar includes those facilities located within a hotel, motel, or other similar transient occupancy establishment.
Business
means any sole proprietorship, partnership, joint venture, corporation or other business entity formed either for-profit or not-for-profit, 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, and private clubs.
E-cigarette
means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term "e-cigarette" shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
Employee
means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit.
Employer
means any person, business, partnership, association, corporation, including a municipal corporation, trust, or nonprofit entity, which employs the services of one or more individual persons.
Enclosed area
means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling.
Health care facility
means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. The term "health care facility" shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
Place of employment
means 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, private offices, 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 heath care facility.
Playground
means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City of Harlingen grounds.
Private club
means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building, or portion thereof, used exclusively for club 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 club under 26 USC 501.
Private residence
means the primary residence for an individual, family, or household, whether permanent or semi-permanent. A house, apartment, mobile home, duplex, four-plex, or other similar type of dwelling unit.
Public place
means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, gaming facilities, health facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception area, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters and waiting rooms. A private residence is not a public place unless it is used as a child care, adult day care, or health care facility.
Restaurant
means 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. The term "restaurant" shall include a bar area within the restaurant.
Retail tobacco store and e-cigarette store
means a retail store utilized primarily for the sale of tobacco products/e-cigarettes and accessories and in which the sale of other products is merely incidental.
Service line
means any line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money, including, but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
Shopping mall
means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
Smoking
means inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. The term "smoking" also includes the use of an e-cigarette which creates a vapor in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this article.
Sports arena
means an enclosed or outdoor sports pavilion, 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.
(Code 1997, § 92.11; Ordinance 05-14, adopted 3/23/2005; Ordinance 05-30, adopted 6/1/2005; Ordinance 05-46, adopted 9/21/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
This article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.
(Code 1997, § 92.22; Ordinance 14-20, § 1, adopted 5/27/2014)
The purpose of this article is to improve and protect the public's health by eliminating smoking in public places and places of employment, guarantee the right of nonsmokers to breathe smoke-free air, and recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.
(Code 1997, § 92.10; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
Smoking shall be prohibited in all enclosed public places within the city, except as otherwise provided in this article, including, but not limited to, the following places:
(1) 
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, attorneys' offices and other offices, banks, laundromats, hotels and motels.
(2) 
Bingo facilities.
(3) 
Elevators.
(4) 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multi-unit residential facilities.
(5) 
Polling places.
(6) 
Buses, bus terminals, taxicabs, train stations, airports and other facilities and means of public transit under the authority of the city, as well as ticket, boarding, and waiting areas of public transit depots.
(7) 
Restrooms, lobbies, reception areas, hallways and any other common-use areas.
(8) 
Retail stores.
(9) 
Rooms, chambers, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state.
(10) 
Service lines.
(11) 
All city owned facilities.
(12) 
Restaurants, bars.
(13) 
Galleries, libraries, museums and zoo facilities and grounds.
(14) 
Any facility which is primarily used for exhibiting any motion picture, stage drama, lecture, musical recital, or other similar performance.
(15) 
Child care and adult day care facilities, health care facilities.
(16) 
Convention facilities; educational facilities, both public and private.
(17) 
Hotels and motels.
(18) 
Shopping malls, indoor flea markets.
(19) 
Enclosed and outdoor sports arenas and convention halls, including bowling facilities.
(20) 
Valley Race Park.
(21) 
Private clubs.
(Code 1997, § 92.12; Ordinance 05-14, adopted 3/23/2005; Ordinance 05-46, adopted 9/21/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
(a) 
It shall be the responsibility of employers to provide a smoke-free workplace for all employees.
(b) 
Smoking shall be prohibited in all enclosed areas within a place 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) 
This prohibition on smoking shall be communicated to all existing employees by the effective date of this article and to all prospective employees upon their application for employment.
(Code 1997, § 92.13; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
Smoking shall be prohibited in the following outdoor places:
(1) 
Within a distance of ten feet from outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas.
(2) 
In all outdoor sports arenas, playgrounds, parks, zoos, stadiums, and amphitheaters, bleachers and grandstands for use by spectators at sporting and other public events.
(3) 
In all public transportation stations, platforms, bus shelters, and outdoor public transit waiting areas.
(4) 
In all outdoor service lines.
(5) 
In outdoor common areas of nursing homes, except in designated smoking areas, which must be located at least ten feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
(6) 
Outdoor flea markets.
(Code 1997, § 92.14; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
Notwithstanding any other provision of this article, any owner, operator, manager or other person who controls any establishment described in this article may declare that entire establishment as a nonsmoking establishment.
(Code 1997, § 92.15; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the provisions of this article:
(1) 
Private residences, except when used as a child care, adult day care or health facility.
(2) 
Not more than 25 percent of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this article.
(3) 
Retail tobacco stores and/or retail e-cigarette stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this article.
(4) 
Golf courses between the tee of the first hole and the green of the final hole.
(5) 
Outdoor seating at restaurants, bars, private clubs and Valley Race Park, provided that smoking will not be permitted within ten feet of entrances, operable windows or ventilation systems of the enclosed areas.
(Code 1997, § 92.16; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
(a) 
Except as otherwise provided by state or federal law, the sale of e-cigarettes to any person under the age of 18 years is prohibited in the City of Harlingen.
(b) 
Except as otherwise provided by state or federal law, possession of an e-cigarette by any person under the age of 18 is prohibited in the City of Harlingen.
(Code 1997, § 92.17; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
(a) 
The owner, manager or other person having control of such building or other area where smoking is prohibited by this article shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or other areas where smoking is prohibited.
(b) 
Such "No Smoking" signs shall have bold lettering of not less than one inch in height. The international "No Smoking" symbol may also be used (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with red bar across it).
(c) 
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.
(d) 
The owner, manager or other person having control of every vehicle that constitutes a place of employment under this article shall clearly and conspicuously post at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
(Code 1997, § 92.18; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
(a) 
Enforcement of this article shall be implemented by the city environmental health department, building inspection department, fire prevention department, fire department and police department.
(b) 
Notice of the provisions set forth in this article shall be given to all applicants for a business license in the city.
(c) 
Any owner, manager, operator or employee of any establishment regulated by this chapter shall be responsible for informing persons violating this article of the provisions through appropriate signage.
(d) 
Notwithstanding any other provision of this article, a private citizen may bring legal action to enforce this article.
(Code 1997, § 92.19; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
No person or employer 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.
(Code 1997, § 92.20; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)
(a) 
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with all of its provisions.
(b) 
It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.
(c) 
Any person who violates any provision of this article shall be guilty of a Class C misdemeanor punishable by:
(1) 
A fine not exceeding $100.00 for the first violation.
(2) 
A fine not exceeding $200.00 for a second violation within a one-year period of the first violation.
(3) 
A fine not exceeding $500.00 for an additional violation within a one year period of the first violation.
(Code 1997, § 92.21; Ordinance 05-14, adopted 3/23/2005; Ordinance 14-20, § 1, adopted 5/27/2014)