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HomeMy WebLinkAbout87-2685ORDINANCE NO. 87'2685 AN ORDINANCE AMENDING' CHAPTER TWO OF. THE PLAINVIEW CITY CODE,..~LA. INVIEW, TEXAS PROVIDING FOR A PROHIBITION OF SMOKING IN THE CITY COUNCIL CHAMBERS; PROVIDING FOR NOTICE OF THE PROHIBITION; PROVIDING FOR A PENALTY THEREOF; PROVIDING FOR ENFORCEMENT THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES. WHEREAS, the City Council of the City of Plainview, Texas recognizes the heightened awareness of the general public to the health concerns regarding smoking in public place-s; and WHEREAS, the City Council of the City of Plainview, Texas recognizes the actual health hazards created by smoking in public places; and WHEREAS, the City Council of the City of Plainview, Texas finds it to be in the beSt interests of .the citizens of the City of Plainview to prohibit smoking in the Council Chambers, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS, THAT, It is the intention of the City Council, and it is hereby ordained, that the Code of the City of Pl'ainview, Texas, is hereby amended by adding Section 2-16-a to Article II of Chapter Two, to read as follows: Section 2-16-a. Prohibition of Smoking in Council Chambers. (a) It shall be unlawful for any person to smoke any tobacco product or any other product in the City Council Chambers. (b) (c) A sign or signs shall be appropriately and conspic- ously placed and posted giving notice that smoking in Council Chambers is prohibited. Any. law enforcement officer or official shall have the authority to enforce the provisions of this section 'by explusion from the Council Chambers of the offending person and/or by issuance of a citation as per sub-section (d) of this section. (d) Any person violating this section shall be deemed guilty of a misdemeanor and such person shall be deemed guilty of a separate offense for each and every day., or portion thereof during which any violat'ion of this section is committed, continued, or permitted and upon conviction of any such violation (e) (f) such person shall be punishable 'of a fine of not more than one thousand .dollars ($1000.00), provided for the same-:~or similar offense under the.laws of the state, then the maximum penalty for violation as provided'by state statute shall the maximum penalty.. Should any section, sub-section, paragraph, sentence, word, or phrase of this ordinance be declared unconstit- utional or invalid for any reason or purpose, the remainder of this ordinance shall be uneffected thereby. All ordinances, or parts thereof, of the City of Plainview in conflict with the provisions of the ordinance are hereby repeal ed. PASSED AND APPROVED on first reading this the JANUARY , 1987. 13th day of PASSED AND APPROVED on second reading this the 2?th day of JANUARY , 1987. E.V. Ridlehuber, Mayor ATTEST' Sheryl Owen, City Secretary APPROVED AS TO FORM: D. Blackburn, Assi'stant City Attorney