HomeMy Public PortalAboutOrdinance No. 664-92 04-28-1992 • ORDINANCE 6 6 4
AN ORDINANCE AMENDING CHAPTER 6 "HEALTH AND
SANITATION" OF THE CODE OF ORDINANCES, CITY OF
RICHLAND HILLS, TEXAS, AS AMENDED, BY THE
ADDITION THERETO OF A NEW SECTION 9 "SMOKING
PROHIBITED IN CITY BUILDINGS AND FACILITIES";
PROHIBITING SMOKING IN CITY-0WNED BUILDINGS OR
FACILITIES; PROVIDING FOR DESIGNATION OF SMOKING
AREAS; PROVIDING REGULATIONS GOVERNING POSTING
OF "SMOKING PROHIBITED" SIGNS; PROVIDING FOR
RECEPTACLES FOR EXTINGUISHMENT OF TOBACCO
PRODUCTS; PROVIDING A PENALTY OF UP TO TWO
THOUSAND DOLLARS ($2,000.00) FOR VIOLATION;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Whereas, many persons are annoyed, irritated or otherwise adversely affected
by exposure to tobacco smoke; and
Whereas, mounting evidence suggests that non-smokers can suffer serious
adverse health effects from exposure to "second hand" tobacco smoke; and
Whereas, the City Council of the City of Richland Hills, Texas, after study,
finds that its non-smoking employees and citizens should not be subjected to second
hand tobacco smoke without their consent in any city-owned building or facility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
I.
That Chapter 6 "HEALTH AND SANITATION" of the Code of Ordinances, City
of Richland Hills, Texas, as amended, be hereby amended by the addition thereto of
a new Section 9, "Smoking Prohibited in City Buildings and Facilities", which
section shall hereafter and be and read as follows:
SECTION 9: SMOKING PROHIBITED IN CITY BUILDINGS AND FACILITIES
A. Definitions
1. "City Building" - Any building or other enclosed structure, or
portion thereof, owned, operated or managed by the City of
Richland Hills, Texas.
2. m kin " -The combustion of any cigar, cigarette, pipe tobacco or
similar article using any form of tobacco or tobacco product which
is ignited and inhaled, ingested or otherwise drawn into the mouth,
nose or lungs of any person.
• 3. "Tobacco Product" -Any cigarette, cigarillo, cheroot, stogie, cigar,
pipe tobacco and any other article or product made of or with any
part of a tobacco plant or a tobacco substitute.
ORDINANCE NO. 6 6 4 PAGE 1
• B. Smoking in City Buildings and Facilities Prohibited
1. A person commits an offense if the person possesses a burning
tobacco product or smokes a tobacco product or otherwise engages
in the conduct of smoking within any City building located within
the City of Richland Hills, Texas.
2. The City Manager may, in his discretion, designate areas within
buildings owned by the City where smoking shall be permitted.
Such areas shall be located, constructed and ventilated so that
smoke from the smoking area is ventilated to the outside, and so
that smoke from said smoking area does not enter other,
non-smoking areas of said building. Such smoking area shall be
equipped with signs on doors leading into such area stating:
"SMOKING IS PERMITTED IN THIS ROOM".
3. The provisions of this ordinance may not be enforced against any
person in any building unless, prior to such enforcement, signs have
been placed in conspicuous locations at each entrance to said
building stating: "SMOKING PROHIBITED IN THIS BUILDING -
CITY ORDINANCE" or "SMOKING PROHIBITED IN THIS
BUILDING EXCEPT IN DESIGNATED AREAS - CITY
ORDINANCE", and unless facilities for the extinguishment of
smoking materials are located at or within twenty (20) feet of each
entrance to said building.
• C. Defenses
1. It is a defense to prosecution under this Section that the building
within which the offense occurred did not have signs conspicuously
displayed at the entrances thereto stating that smoking within such
building was prohibited, as provided above.
2. It is a defense to prosecution under this Section that facilities for
the extinguishment of smoking materials were not located within
the public building or within twenty (20) feet of the entrance or
entrances to said public building.
D. Penalty for Violation
Any person, firm, corporation, agent or employee thereof who violates
any of the provisions of this Section shall be guilty of a misdemeanor and,
upon conviction thereof, shall be fined and punished as stated in
Subsection 1 F of Chapter 1 of this Code of Ordinances, and each day or
fraction thereof that said offense shall continue shall constitute a
separate offense. A violation of this Section shall, for purposes of
punishment under said Subsection 1 F of Chapter 1 of this Code, be
deemed a violation of a provision governing public health and sanitation.
•
ORDIlVANCE NO. 6 6 4 PAGE 2
• II.
Any person, firm, or corporation, or officer or agent or employee thereof, who
shall violate any of the provisions of this Ordinance shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined in an amount not less than
one dollar ($1) nor greater than two thousand dollars ($2,000.00) for each offense.
Each day or fraction of a day during which such offense continues or occurs shall be
deemed a separate violation hereunder. A violation of the terms of this Ordinance
shall be deemed a violation of a provision governing public health and sanitation.
III.
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 invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or 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 invalid or
unconstitutional phrase, clause, sentence, paragraph or section.
IV.
Saving Clause. That Chapter 6 of the Code of Ordinances, City of Richland
• Hills, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
V.
Effective Date. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Richland Hills City Charter and the
laws of the State of Texas.
PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting
of the Richland Hills City Council on the ~._8___ day of Anr; i 1992, by a vote
of ayes, nays, and 0 abstentions.
A P VED:
James R. Truitt, Mayor
ATTEST:
• Pauline Kempe, City Secre ry
ORDINANCE NO. 6 6 4 PAGE 3
• APPROVED AS TO FORM:
Paul F. Wieneskie, City Attorney
76MLIB/bh/041592
ORDINANCE NO. 6 6 4 PAGE 4