HomeMy Public PortalAbout2007-03 - PROHIBITING SMOKING IN PUBLIC PLACESORDINANCE NO. 2007 -3
ORDINANCE PROHIBITING SMOKING IN PUBLIC PLACES AND PLACES
OF EMPLOYMENT
WHEREAS, numerous studies have found that tobacco smoke is a major
contributor to indoor pollution, and that breathing secondhand smoke is a cause of disease,
including lung cancer in non- smokers; and
WHEREAS, people at special risk to secondhand smoke include children, the
elderly, individuals with cardiovascular disease or impaired respiratory function,
including asthmatics, and those with obstructive airway disease; and
WHEREAS, health hazards induced by breathing secondhand smoke including
lung cancer, heart disease, respiratory infection, decreased respiratory function, and
bronchospasm; and
WHEREAS, the City of Greencastle (hereinafter "City ") finds and declares that
the purposes of this ordinance are: 1) to protect the public health and welfare by
prohibiting smoking in public places, and places of employment; and 2) to guarantee the
right of persons to breathe smoke -free air, and to recognize that the need to breathe
smoke -free air shall have priority over the desire to smoke.
• NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GREENCASTLE, INDIANA as follows:
Section 1. Definitions.
As used in this Ordinance, the following words and phrases have the following meanings
unless otherwise designated:
a. "Bar" means any establishment used primarily for the sale of alcoholic
beverages for consumption by guests on the premises and in which the sale
of food is merely incidental to the sale of alcoholic beverages, including
but not limited to taverns, nightclubs, and cocktail lounges.
b "Person" means any individual, firm, partnership, association, corporation,
company or organization of any kind.
C. "Private Club" means a facility:
owned or operated by an association or corporation which shall:
(i) not be operated for pecuniary gain;
(ii) consists of a membership:
a. formed as a I odge, I ocal chapter, or corresponding
unit of a fraternal order recognized on a national
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basis; or
® b. comprised of persons who have served in the armed
forces of the United States; or
C. formed as a recognized, exclusive association of
persons organized for a joint or common purpose for
which application for membership, the payment o f
dues, and self - governance by the membership are
distinguishing characteristics; and
iii) Registered under Indiana law; and
iv) Determined by the Internal Revvenue Sercvice to be
operating under not- for -profit status.
2. where entry into and use of the facility is restricted to members and
guests of members.
CL 'Restaurant" means any establishment used as or held out to the public as
having food available for payment to be consumed on the premises,
including coffee shops, cafeterias, cafes, luncheonettes sandwich stands
and soda fountains. The term "restaurant" shall include a bar area within
® the restaurant
C. "Theater" means any enclosed facility, open to the public, which is
primarily u sed for o r designed for the p urpose o f e xhibiting any in otion
picture, stage drama, musical recital, dance, lecture or other similar
performance.
f. "Smoke" or "smoking" means the act of lighting, carrying, inhaling from,
or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.
g. 'Public place" means any enclosed area used by the general public,
including, but not limited to, retail stores and financial institutions,
department stores, banks, laundromats and 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 to the place.
It. "Enclosed Area" means all space between a floor and ceiling that is
enclosed on all sides by solid walls or windows (exclusive of doorways),
which extend from the floor to the ceiling.
i. 'Place of Employment" means any enclosed area under the control of a
public or private employer which employees normally frequent during the
course o f e mployment, i ncluding b ut n of 1 imited t o, w ork a reas, p rivate
offices, employee lounges and restrooms, conference and class rooms,
employee cafeterias and hallways.
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j. "Retail Tobacco Store" means retail store utilized primarily for the sale of
tobacco products and accessories and in which the sale of other products is
merely incidental. The term does not include retail stores where food or
beverages are sold for consumption on the premises or where an area has
been set -aside on the premises for customers to consume food or
beverages.
k. "Health Care Facility" means an office or institution providing care or
treatment of diseases, whether physical, mental, or emotional, or other
medical, physiological, or psychological conditions, including but not
limited to, hospitals, rehabilitation hospitals or other clinics, including
weight control clinics, nursing homes, homes for the aging or chronically
ill.
Section 2. Application of Chapter to City -Owned Facilities
All properties, except public rights-of-way and easements, including buildings and
vehicles owned, leased, o r operated by the City o f Greencastle, shall be subject to the
provisions of this Chapter.
Section 3. Smoking prohibited in public places.
Smoking shall be prohibited in all enclosed public places within the City of Greencastle,
including but not limited to, the following places:
a Areas available to and customarily used by the general public in
businesses and nonprofit entities patronized by the public, including but not
limited to, professional offices, banks, laundromats, bowling alleys, hotels,
and motels.
b. Bars.
C. Bingo facilities.
d. Convention facilities.
C. Elevators.
f Facilities primarily used for exhibiting a motion picture, stage, drama,
lecture, musical recital, or other similar performance.
g. Galleries, libraries, and museums.
h. Health care facilities, except where required by law.
Licensed childcare and adult day care facilities.
j. Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and other
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® multiple -unit residential facilities.
k. Polling places.
1. Private Clubs, during any period of time that the public is present and
invited on the premises.
m. Public transportation facilities, including buses and taxicabs.
n. Restaurants.
o. Restrooms, lobbies, reception areas, hallways, and other common -use
areas.
P. Retail businesses and stores.
q. Rooms, chambers, places of meeting or public assembly, including school
buildings, under the control of an agency, board, commission, committee
or council of the City or a political subdivision of the State when a public
meeting is in progress, to the extent the place is subject to the jurisdiction
of the City.
r. Schools
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S. Service lines
t. Enclosed shopping malls
U. Sports arenas, including enclosed place in outdoor arenas.
Section 4. Prohibition of Smoking in Places of Employment.
Smoking shall be prohibited in all enclosed areas within places of employment. This
includes, but is not limited to, common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias,
employee lounges, service areas, stairs, restrooms, vehicles, and all other enclosed
facilities.
Section 5. Where Smoking is Not Regulated.
The prohibitions of Section 3 shall not apply to the following:
a. Private residences, except when used as a licensed childcare, adult day
care, home occupation where the public is invited or health care facility.
b. Hotel and motel rooms that are rented to guests and are designated as
smoking rooms; provided however, that not more than twenty five (25 %)
of rooms rented to guests in a hotel or motel may be so designated. The
status of rooms as smoking or nonsmoking may not be changed, except to
add additional nonsmoking rooms.
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S C. Retail tobacco stores; provided that smoke from these places does not
infiltrate into areas where smoking is prohibited under the provisions o f
this Ordinance.
d. Private clubs, as described in Section 1. Definitions, item c., and as
regulated in Section 3.(1).
f. Outdoor areas of places of employment.
Section 6. Declaration of Establishment as Nonsmoking.
Notwithstanding any other provision of this Chapter, an owner, operator, manager, or
other person in control of an establishment, facility, or outdoor area may declare that
entire establishment, facility, outdoor area or parking lot as a nonsmoking place. Smoking
shall be prohibited in any place in which a sign conforming to the requirements of Section
8 is posted.
Section 7. Posting of Signs.
Every public place and place of employment where smoking is prohibited by this
Ordinance shall have posted a conspicuous sign clearly stating that smoking is prohibited.
Section 8. Enforcement.
e A. This Chapter shall be enforced by the Office of the Mayor of the City of
Greencastle, or his/her designee.
B. Any citizen who desires to register a complaint under this Chapter in ay
initiate enforcement by contacting the Office of the Mayor or the Greencastle Police
Department.
C. The City's Building Inspector or Fire Inspector, or their d esignees in ay,
while an establishment is undergoing otherwise mandated inspections, inspect for
compliance with this Ordinance.
D. An owner, manager, operator, or employee of an establishment regulated
by this Ordinance shall inform persons violating this Ordinance of the appropriate
provisions thereof.
Section 9. Violations and Penalties.
A. A person who smokes in an area where smoking is prohibited by the provisions of
this Ordinance shall be guilty of an infraction, punishable by a fine of Fifty dollars ($50).
B. A person who owns, manages, operates, or otherwise controls a public place or
place of employment and who fails to comply with the provisions of this Ordinance shall
be guilty of an infraction, punishable by:
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® 1. A fine of One Hundred Dollars ($100.00) for a first violation.
2. A fine of Two Hundred Dollars ($200.00) for a second violation within one
(1) year.
3. A fine of Five Hundred Dollars ($500.00) for each additional violation
within one (1) year.
C. Each day on which a violation ofthis Ordinance occurs shall be considered a
separate and distinct violation.
D. Any person receiving a notice of violation and /or fines for a violation may appeal the violation
and/or fine to the Mayor. The Appellant must file a written statement, outlining the reasons that the
violation/fine is invalid or should otherwise not be enforced within fifteen (15) days of the violation. The
Mawr shall investigate and review the appeal and issue a written detemtination.
The Appellant may appeal the Mayor's determination to the Common Council of the City of
Greencastle by filing a written statement within fifteen (15) days of the Mayor's determination. The
Common Council will appoint a three member panel from its members to investigate and review the
Appeal. The Common Council review panel shall issue a written determ nation which decision shall be
final.
Failure to comply with the above appeals procedure constitutes a waiver of any further rights
• to appeal.
E. An action to enforce a violation and/or fine may be brought by the City in the court of
jurisdiction.
Section 10. Other applicable laws.
This Ordinance shall not be interpreted to permit smoking where it is otherwise restricted
by other applicable laws or to supersede any local laws which are more restrictive.
Section 11. Chapter to be broadly interpreted.
This Ordinance shall be construed broadly to effectuate the purposes described in the
preamble of this ordinance.
Section 12. Severability.
If any section or sentence or provision of this Ordinance, or the application thereof to any
person or circumstances shall be declared unconstitutional or invalid, such invalidity shall
not affect any of the other sections, sentences, provisions or application of this ordinance
which can be given effect without the invalid provision or application, and to this end, the
provisions of this ordinance are declared to be severable.
® Section 13. Effective Date.
This Ordinance shall be effective September 1, 2007, at 12:00 p.nn. (noon).
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PASSED AND ADOPTED by the Common Council of the City of Greencastle,
Indiana this � day of 2007.
Thomas W. Roach
Mark N. Hammer
Ro ert Sedlack —
n Lanie
Russell W. Evans
Approved and signed by me this B day of VI& ,( 2007, at
S 1 eN — o'clock? m.
A L4 cu Q
I STNancy A chael, Mayor
Teresa Glenn, Clerk- reasurer
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