HomeMy Public PortalAboutOrdinance No. 1094-07 09-11-2007 CITY OF RICHLAND HILLS ORDINANCE N0.1094-07
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
PROHIBITING SMOKING IN ALL PUBLIC PARKS; AUTHORIZING THE
PLACEMENT OF SIGNS REGARDING SUCH PROHIBITION; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted
by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, the City Council of the City of Richland Hills, Texas, finds that breathing
second-hand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy
nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer; and
WHEREAS, the City Council further finds that in 1999 the National Cancer Institute found
that second-hand smoke is responsible for the early deaths of approximately 53,000 Americans
annually. (National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco
smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control
Monograph 10," Bethesda, MD: National Institutes of Health, National Cancer Institute (NCI),
August 1999); and
WHEREAS, the City Council further finds that the Public Health Service's National
Toxicology Program (NTP) has listed second-hand smoke as a known carcinogen. (See
Environmental Health Information Service (EHIS), "Envirorunental tobacco smoke: first listed in
the Ninth Report on Carcinogens," US. Department of
Health and Human Services (DHHS), Public
Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003,
2005); and
WHEREAS, the City Council further finds that based on a finding by the California
Environmental Protection Agency in 2005, the California Air Resources Board has determined that
second-hand smoke is a toxic air contaminant; found that exposure to second-hand smoke has
serious health effects, including low birth-weight babies, sudden infant death syndrome (SIDS),
increased respiratory infections in children, asthma in children and adults; lung cancer, sinus cancer,
and breast cancer in younger, premenopausal women, heart disease, and death. (Appendix II Findings
of the Scientific Review Panel: "Findings of the Scientific Review Panel on Proposed Identification
of Environmental Tobacco Smoke as a Toxic Air Contaminant as adopted at the Panel's June 24,
2005 Meeting," California Air Resources Board (ARB), September 12, 2005); and
WHEREAS, the City Council further finds that there is no safe level of exposure to second-
hand smoke, (Environmental Protection Agency (EPA), "Respiratory health effects of passive
smoking: lung cancer and other disorders, the report of the U.S. Environmental Protection Agency,
Smoking and Tobacco Control Monograph 4," Bethesda, MD: National Institutes of Health.
National Cancer Institute; Environmental Protection Agency (EPA), August 1993; California.
Environmental Protection Agency, "Health Effects of Exposure to Environmental Tobacco Smoke,"
1997; California Air Resources Board, "Proposed identification of environmental tobacco smoke as
a toxic air contaminant," Sacramento: California Environmental Protection Agency (Cal-EPA). Air
Resources Board, Stationary Source Division, Air Quality Measures Branch, Office of
Environmental Health Hazard Assessment (OEHHA), September 29, 2005); and
WHEREAS, the City Council further finds that a study of hospital admissions for acute
myocardial infarction in Helena, Montana before, during, and after a local law eliminating smoking
in workplaces and public places was in effect, has determined that laws to enforce smokefree
workplaces and public places maybe associated with a reduction in morbidity from heart disease.
(Sargent, Richard P.; Shepard, Robert M.; Glantz, Stanton A., "Reduced incidence of admissions
of myocardial infarction associated with public smoking ban: before and after study," British
Medical.Iournal 328:977-980, Apri124, 2004); and
WHEREAS, the City Council further finds that second-hand smoke is particularly hazardous
to elderlypeople, individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease, all of whom utilize city
parks. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to
environmental tobacco smoke," Tobacco Control 6(4):346-353, Winter, 1997); and
WHEREAS, the City Council further finds that the Americans with Disabilities Act, which
requires that disabled persons have access to public places such as parks, deems impaired respiratory
function to be a disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with
Disabilities Act," Nonsmokers' Voice 15(1):8-9.); and
WHEREAS, the City Council further finds that the U.S. Surgeon General has determined
that the simple separation of smokers and nonsmokers within the same air space may reduce, but
does not eliminate, the exposure of nonsmokers to second-hand smoke. (Department of Health and
Human Services. The Heath Consequences of Involuntary Smoking.• A Report of the Surgeon
General. Public Health Service, Centers for Disease Control, 1986); and
WHEREAS, the City Council further finds that the U.S. Centers for Disease Control and
Prevention have determined that the risk of acute myocardial infarction and coronary heart disease
associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with
relatively small doses such as those received from second-hand smoke or actively smoking one or
two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or
with known coronary artery disease should avoid all indoor environments that permit smoking.
(Pechacek, Terry F.; Babb, Stephen, "Commentary: How acute and reversible are the cardiovascular
risks of second-hand smoke?" British Medical Journa1328: 980-983, Apri124, 2004); and
ORDINANCE PROHIBITING SMOKING IN CITY PARKS Page 2
W:\Richland Hills\Ordinance\No smoking in patks.tgs.FINAL.9-11-07.wpd
WHEREAS, the City Council further finds that the Society of Actuaries has determined that
second-hand smoke costs the U.S. economy roughly $10 billion a year, $5 billion in estimated
medical costs associated with second-hand smoke exposure, and $4.6 billion in lost productivity.
(Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco Smoke," Society
of Actuaries, March 31, 2005); and
WHEREAS, the City Council further finds that smoking is a potential cause of fires, ("The
high price of cigarette smoking, "Business & Health 15(8), Supplement A: 6-9, August 1997); and
WHEREAS, the City Council further finds that the City Council finds there is no legal or
constitutional "right to smoke"; and
WHEREAS, the City Council further finds that the City Council also finds the smoking of
tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and
WHEREAS, the City Council further finds and declares that the purposes of this ordinance
are (1) to protect the public health and welfare by prohibiting smoking in public parks, (2) to
guarantee the right of nonsmokers to breathe smoke-free air, and (3) to recognize that the need to
breathe smoke-free air shall have priority over the desire to smoke; (4) to protect parks from the litter
and danger of fire caused by smoking and the use of tobacco products;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS:
SECTION 1.
ADOPTION OF DECLARATIONS AND FINDING
The declarations, determinations and findings made in the preamble of this ordinance are
hereby adopted and made a part of the operative provisions hereof.
SECTION 2.
ADDITION OF SECTION 70-164 PROHIBITING SMOKING IN PARKS
Section 70-162 of Article N of Chapter 70 of the Richland Hills City Code is hereby added,
and shall provide as follows:
Sec. 70-164. Smoking in city parks prohibited.
(a) The following definitions shall apply to this section:
"Smoke" or "Smoking" means inhaling, exhaling, or burning a lighted cigar,
cigarette, pipe or other lighted tobacco product in any manner or form.
ORDINANCE PROHIBITING SMOKING IN CITY PARKS Page 3
W:\Richland Hills\Ordinance\No smoking in parks.tgs.FINAL.9-11-07.wpd
"Person" means any individual.
"City park" means any area designated by the City as a public park.
(b) A person commits an offense if the person possesses a lighted or
burning tobacco product or smokes a tobacco product or otherwise engages in the
conduct of smoking within any city park.
(c) The City Manager is hereby directed to have placed in conspicuous
locations within all city parks signs stating:
SMOKING PROHIBITED IN CITY PARKS Pursuant to Section
70-164 of the City Code of the City of Richland Hills, smoking is
prohibited in all city parks within the City of Richland Hills.
Violations of this regulation may be punished by a fine up to Five
Hundred Dollars ($500.00).
SECTION 3.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions ofthis
ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event
the conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections 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 ofthis 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.
SECTION 5.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the matters
regulated herein which have accrued at the time of the effective date ofthis ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether pending in court
ORDINANCE PROHIBITING SMOKING IN CITY PARKS Page 4
W:\12ichland Hills\Ordinance\No smoking in parks.tgs.FINAL.9-l l -07.wpd
or not, under such ordinances, same shall not be affected by this ordinance but maybe prosecuted
until final disposition by the courts.
SECTION 6.
PUBLICATION
The City Secretary of the City of Richland Hills is directed to publish the caption, penalty
clause, publication clause and effective date of this Ordinance to the extent required bylaw.
SECTION 7.
PUBLICATION IN BOOK OR PAMPHLET FORM
The City Secretary of the City of Richland Hills is hereby authorized to publish this
ordinance and the exhibits to this ordinance in book or pamphlet form for general distribution among
the public, and the operative provisions of this ordinance and the exhibits to this ordinance as so
published shall be admissible in evidence in all courts without further proof than the production
thereof.
SECTION 8.
PENALTY FOR VIOLATION
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this Ordinance shall be fined no more
than Five Hundred Dollars and no cents ($500.00) for each violation of this Ordinance. Each act
violating this ordinance shall constitute a separate offense.
SECTION 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage and publication as
required by law, and it is so ordained.
PASSED AND APPROVED ON THIS AY OF 2007.
. 4'~
NORABLE DAVID . RAGAN, MAYOR
J'
;c~
INDA CANTU, CITY SECRETARY . O ~ . tr`
q " a=
EFFECTIVE DATE: ~ ~ 00`~ ~ ~ .
;v~
ORDINANCE PROHIBITING SMOKING IN CITY PARKS /////~~~i~~ ~ ~ • • Page 5
W:\Richland Hills\Ordinance\No smoking in parks.tgs.FINAL.9-11-07.wpd ~~~~ihi~ ~ ~ ~ ~ ~ ~~t~~N~\\
APPROVED AS TO FORM AND LEGALITY:
Y
TIM G. SRALLA, CITY ATTORNEY
ORDINANCE PROHIBITING SMOKING IN CITY PARKS Page 6
W:\Richland Hills\Ordinance\No smoking in parks.tgs.FINAL.9-11-O7.wpd