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HomeMy WebLinkAbout919 01-27-1987ORDINANCE NO. 919 AN ORDINANCE AMENDING CHAPTER 8 OF THE EULESS CODE OF ORDINANCES ENTITLED "HEALTH AND SANITATION" BY THE ADDITION OF ARTICLE IX THERETO TO BE ENTITLED "REGULATION OF SMOKING "; PROVIDING A PENALTY FOR VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a substantial body of evidence which concludes that the smoking of tobacco is a danger to health and a health hazard to those who are present in confined spaces; and WHEREAS, it is the desire of the City Council of the City of Euless, Texas, to provide for the regulation and prohibition of the smoking or burning of tobacco products within certain facilities, both public and private, within the City of Euless, Texas, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: Chapter 8 of the Euless Code of Ordinances entitled "Health and Sanitation ", shall be and the same is hereby amended by the addition of an Article IX thereto to hereafter be and read as follows: ARTICLE IX. REGULATION OF SMOKING. Sec. 9 -1. Definitions The following words and terms when used in this Article shall have the meanings respectively ascribed to them in this Section: "Smoking" means the possession of burning tobacco, weed or other plant product. "Notice" means the posting of signs in sufficient numbers and at such conspicuous locations, so as to be readily observable by a reasonably observant person indicating that an area readily discernable by a reasonably observant person delineated upon such sign or clearly apparent from the placement of such signs prohibits smoking within such area and references on such sign that smoking within such area is prohibited by City Ord. 87- 919 or as to indoor service lines that smoking in line is prohibited by such ordinance. Section 9 -2. "Smoking Prohibited - Designated Areas" An owner, operator, manager, employer or other person having control of any building or area within a building may designate all or any part of such building or area thereof a no smoking area wherein smoking shall be prohibited upon compliance with the provisions of this Article and the posting of notice as herein required reading "Smoking Prohibited By City Ord. 87 -919 ". A person commits an offense by smoking in an area where notice is posted as above provided. A person also commits an offense by smoking in an indoor service line in which more than one (1) person is giving or receiving goods or services, such as, by way of example and not by limitation, retail store and food market check out lines, service lines of financial institutions such as bank teller lines, and food service lines such as cafeteria lines, provided the owner, operator, manager, employer or other person having control of the goods or services being given or received provides: a) signs of sufficient numbers and at such conspicuous locations, as to be readily observable by a reasonably observant person reading "Smoking In Line Prohibited By City Ord. 87-919 , and b) receptacles for the extinguishment of smoking materials within the immediate area of such service line and no further than twenty feet (20') thereof. Section 9 -3. "Defenses ". It shall be a defense to prosecution under this Article that the area designated wherein smoking is prohibited shall not be posted with notice thereof as NO SMOKING ORDINANCE Page 2, ORDINANCE NO. 919 provided in this Article. It shall also be a defense to prosecution under this Article that facilities for the extinguishment of smoking materials were not located within the area wherein smoking is prohibited or within twenty feet (20') of each entrance to the area so designated wherein smoking is prohibited and within which the offense takes place. Section 9 -4. "Posting of Notice and Placing of Receptacles for Extinguishment of Smoking Materials" The owner, operator, manager, employer or other person having control of any area where smoking is to be prohibited shall post notice, as provided herein, in sufficient numbers and at such conspicuous locations, including entrances thereto, so as to be readily observable by a reasonably observant person and shall provide receptacles for the extinguishment of smoking materials within such area or within twenty feet (20') of the entrance to such area where smoking is to be prohibited as provided by this Article. Section 9 -5 "Penalty for Violation" Any person who violates this Article by smoking in an area designated no smoking as herein authorized with notice thereof posted as herein provided shall be guilty of a misdemeanor and upon conviction thereof shall be fined an amount not more than Two Hundred Dollars ($200.00). Section 9 -6 Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. NO SMOKING ORDINANCE Page 3, ORDINANCE NO. 919 Section 9 -7 Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health, and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified in Section 11, is hereby dispensed with. Section 9 -8 Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 97th day of 1987; by a vote of 5_ ayes, 0_ nays and.. 0 — a st ntions. APPROVED: Harold Samuels, Mayor ATTEST: Kay Rainey, Ci, Secretary APPROVED AS TO FORM: Bob McFarland Attorney NO SMOKING ORDINANCE Page 4, ORDINANCE NO. 919