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HomeMy WebLinkAbout91-2880ORDINANCE NO: 91-2880. AN ORDINANCE OF THE CITY OF FLAINVIEW, TEXAS, WITH REGARD TO HEALTH OF CITY EMPLOYEES, PERTAINING TO SMOKING IN BUILDINGS OWNED BY, OR UNDER CONTROL' OF THE CITY OF PLAINVIEW; PROVIDING FOR A PENALTY; PROVIDING FOR A SAVINGS CLAUSE AND A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Surgeon General. of the United States has reported that inhalation of tobacco smoke involuntarily can cause. disease., including lung cancer, in healthy non-smokers; .and WHEREAS, the City Council of -the City of Plainview believes that its employees should have the right to choose for themselves on an individual basis whether to smoke either. actively or passively; and WHEREAS, it is the desire of the City of Plainview to balance the interest of its .employees who smoke against. the potential hazard to its employees who are non-smokers in a manner that will result. in `the minimum possible burden on those persons. regulated while still meeting the duty to protect the health of its employees. NOW THEREFORE BE IT ORDAINED by the City of Plainview, Texas: Section 1 -SMOKING IN BUILDINGS OF CITY OF PLAINVII~W A . Definitions . The following definitions shall apply: 1) City's buildings means all of the enclosed area that is used by the City: and its employees and general public, including. but not limited to all or any part of the building used for any of the operations of the :City, such as the City Hall,. Police Station, Municipal Court, Library, Fire Stations, Health Department, City Maintenance Facilities, Water Treatment- Plant, and Waste Water Treatment Plant. 2) Smoke, Smokes or Smoking .includes: a) Carrying or holding alighted- pipe, cigar, or cigarette of any kind, or any other lighted. smoking equipment or device, or b) The combustion of any cigar, cigarette, tobacco, or similar article, or any other combustible substance in any manner, or in any form; or c) .Emitting or exhaling the smoke of a pipe,- cigar, or cigarette. of any kind . Xof3 ,~~ i` i'~'`1 ~~ ~~~ ~' '1 `~ CLEAN AIR ORDINANCE ~__ ~ `~ ORDINANCE`: NO`.' 91-2880 AN ORDINANCE OF THE CITY. OF PLAINVIEW, TEXAS, WITH REGARD TO HEALTH OF .CITY. EMPLOYEES, PERTAINING TO SMOKING IN BUILDINGS OWNED BY, OR UNDER CONTROL OF THE CITY OF PLAINVIEW; PROVIDING- FOR. A` PENALTY; PROVIDING FOR A SAVINGS CLAUSE. AND A PENALTY CLAUSE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Surgeon General of 'the United States has .reported that inhalation of tobacco smoke involuntarily can cause disease., including lung cancer, in healthy non-smokers; and WHEREAS, the City Council of the .City of Plainview believes. that its employees should .have the right to choose for themselves on an .individual basis whether to smoke either actively or passively; and WHEREAS, it is the desire of the City of Plainview to. balance the interest of .its employees who smoke against .the potential hazard to its employees .who are non-smokers in a manner that will result in the minimum possible burden on those persons regulated while still meeting the duty to protect the health of its employees . ,_. ~ NOW THEREFORE BE IT ORDAINED by the City of Plainview, Texas: Section .1 -SMOKING IN BUILDINGS OF CITY OF PLAINVIEW A . Definitions . The following definitions shall apply.: 1) City`s buildings means all of the enclosed area that is -used by the .City and its employees and. general. public, including .but not limited to all or any part of the building used for any of the operations of the City,. such as the City Hall, `Police Station, Municipal Court,. Library, Fire Stations, Health. Department, City Maintenance Facilities, Water Treatment Plant, and: Waste. Water Treatment Plant. 2) .Smoke, Smokes or Smoking includes: a) Carrying or holding a lighted' pipe, cigar, or cigarette of any kind, or any other lighted. smoking equipment or device, ar b) The combustion of any cigar, cigarette, tobacco., ar similar article, or any other combustible substance in any manner, or in any form; or ~ c) Emitting ar' exhaling the smoke of a pipe, :cigar, or cigarette of any kind. laf3 fit B . Offense; Penalty. 1) A person commits an offense if in a City. building the person smokes and fails,- or refuses, to extinguish smoking materials or move outside the building upon request by any person to da so. 2) Any person convicted of violating this provision shall. be guilty of a Class C Misdemeanor, punishable by a fine of not less ,than one dollar ($.1.00):, nor more than one housand dollars ($1',000) as set by a judge or jury. C , Suns Signs shall be .visibly placed. at each public entrance.. to city .buildings to notify persons :entering the premises that smoking is prohibited. This. provision does not include exits used .exclusively as emergency exits .. D . Exceptions Nothing herein shall preclude the designation of the following premises as non-smoking areas, but the restrictions contained herein shall not aPP1Y= 1) To the Plainview Chamber of Commerce building; the Plainview Country Club buildings; the Rotary Center; or to the Broadway .Street Shelter; or 2) To an individual participating in an .authorized theatrical performance . 3) In the course of a Police Interview with a WITNESS, VICTIlVI or SUSPECT, it may be advantageous to allow. that person to smoke for the purpose of relaxing. In such an event, ,the .Police Officer _ conducting the interview may allow the .individual to smoke in their office or work area during the: interview only. This should riot be construed as a method to circumvent the purpose of ,his ordinance, but o allow the police department the freedom to conduct .criminal investigations in the most. efficient and practical means passible. Section 2 -Penalty That violation of any provision of this ordinance shall be deemed a misdemeanor.. punishable by a fine of not..less than One Dollar ($1.00) nor more than One Thousand Dollars. :($1,000). Section 3-- Savings Clause That should any section, paragraph, sentence,. clause, phrase or word of this ordinance be declared unconstitutional or invalid. for any reason, the remainder of this ordinance shall not be affected thereby. ~i /"~1 ~~ y ~._..: . 2 of 3 ,- .~ ~ _, !, ~- Section 4 -Publication That the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this ordinance as an alternative ..method of pubhcation provided by law. PASSED AND APPROVED. this the 10th day of September, 1991. ~~.; ,~ ~~ E:' V . Ridlehuber, 'Mayor ATTEST Ka en 'McBeth, City Secretary APPROVED AS TO CONTENT: ~~ ;~ ~° Jame Jef r ity ager 3of3 ~J