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Home My Public Portal About010-1993 - GENERAL ORDINANCE REGARDING ENVIORNMENTAL TOBACCO SMORDINANCE NO. 10-1993 A GENERAL ORDINANCE REGARDING ENVIRONMENTAL TOBACCO SMOKE IN PUBLIC ACCOMMODATIONS WHEREAS tobacco smoke poses a health hazard to non-smokers as evidenced by the classification of environmental tobacco smoke as a Group A carcinogen by the Environmental Protection Agency of the United. States of America as a result of research by the Surgeon General and the National Institute of Occupational Safety and Health, and WHEREAS the Environmental Protection Agency estimates 3,000 adult non-smokers die each year from lung cancer caused by breathing other's tobacco smoke, and WHEREAS secondhand smoke causes serious lung and health problems in infants and children such as pneumonia and bronchitis, and WHEREAS tobacco use is the single greatest modifiable risk factor threatening the health of the citizens of Richmond, and WHEREAS the separation of smokers and non-smokers within the same airspace does not eliminate the involuntary exposure to environmental tobacco smoke, and WHEREAS it is desirable to inform persons regarding environmental tobacco smoke in certain public accommodations, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that: Section I - Definitions. (a) "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind. (b) "Public meeting" means any meeting or assembly open to the public which is held in an enclosed building for the conduct of the affairs of, and the transaction of business by, any legislative or administrative body or agency of the city, including boards, commissions, authorities, councils, committees, subcommittees, and other subordinate groups. (c) "Theater" means any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, concert, musical recital, dance, lecture or other similar performance. (d) "Smoking" means the act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind. (e) "Place of Public Accommodation" means any enclosed indoor area used by the general public, including, but not limited to, retail stores, financial institutions, department stores, banks, laundromats, restaurants, beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission. (f) "Enclosed" means closed in by a roof and four walls with appropriate openings for ingress and egress. Section 2 - Posting of Signs Required. Any person who owns, manages, operates or otherwise controls a place of public accommodation, except those accommodations listed in Section 3, shall display or cause to be displayed at the entrance of said facility a sign that conveys the following message, to wit: a) this facility allows smoking, or b) this facility does not allow smoking, or c) this facility provides smoking areas and non-smoking areas. Section 3 - Required "No Sm!2king iN Allowed"Signs. Any person who owns, manages, operates, or otherwise controls the following places of public accommodation shall display signs within said facility that convey the message that no smoking is allowed, to wit: a) elevators, b) theaters, except smoking by performers as part of a production or rehearsal, c) public meeting rooms, d) buses, e) libraries, f) museums, and g) all enclosed areas owned, leased or operated by any department or entity of the City of Richmond, Indiana, except such areas that are being used for residential purposes. Section 4 Penalty. Any person who violates Sections 2 or 3 of this chapter, or any person who removes or defaces any sign posted as required herein, shall be fined not less than ten dollars nor more than one hundred dollars. Each day a violation of this chapter shall continue constitutes a separate violation. Section 5 - Effective Date. Tl s ordinance shall take effect July 1, 1993. Passed and adopted this day of 1993, by the Common Council of the City of Richmond, Indiana. _ J. X41,President (Etta . Lundy) ATTEST: ,City Clerk (Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this day of 1993, at 9:00 a.m. ,City Clerk (Norma Carnes) PRO D by me, Roger Cornett, Mayor of the 1993, at 9:05 a.m. ATTEST: I (Norma Carnes) Richmond, Indiana, this day of Cornett) Clerk DISPOSITION OF ORDINANCE NO. (o -190 RESOLUTION NO. .199 by Common Council Ordinance No.� Resolution No. _ Elstro Lundy Brookbank Donau McBride Parker Dickman Allen Hutton Date Susp. rules Ist read j J Title only -------- Seconded ----- ---- --------- --- --- ---- ------ ---- ------- Proof of Publicaton ....................................................----- Seconded ---- ............... ------- Move to 2nd read Seconded -------- ----- -------- ------ -------- -- ---- --------- Engrossment Seconded -�- -•---- ------ ------- Susp rules 3rd read Seconded ................ ------ ----...............� --- Passage ,% ,i ,� ,� ✓" ------ --O R - ----- --------- ------------ -----. I ----------------------------- Rejection Date Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION. DATES: AMENDMENTS: COMMENTS: