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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