29 - Repealing Ordinance No. 2017-003 and Amendments to Smoking RegulationsItem No. 29
COUN'Cil..,.MEM.,1113E.F,,t,A,(,",ENDA 1TEM.REQUEST__.._
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Council member making request:
Renae Stone
Derrick Hugbes
Steve Clifford,
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Paula Portugal
Description of Item: Discussion and p
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Signature : -U z_�I�� . ........ . . ......................... ....... . . _ . ...... . .....
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City of Paris Revised 05/08/2018
Item No. 29
TO: City Council
Grayson Path, City Manager
FROM: Stephanie H. Harris, City Attorney
SUBJECT: Ordinance repealing 2017 amendments to the city's smoking ordinance relating to
enclosed places of employment.
DATE: July 22, 2020
BACKGROUND: In 2014, council passed a comprehensive smoking ordinance barring smoking
in many places in which it had previously been permitted. As a part of that ordinance, smoking
was prohibited in enclosed places of employment. An "enclosed area" was defined as "all space
between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows,
whether opened or closed. A wall includes any retractable divider, garage door, or other physical
barrier, whether temporary or permanent and whether or not containing openings of any kind."
In January of 2017, after administration and the then -mayor had been made aware of concerns that
the ordinance, in particular the definition of "enclosed area," was too restrictive when applied to
industrial uses such as Turner Industries where welding and other areas had large open areas in
walls and large bay doors that remained open most of the time, council amended the ordinance to
change the definition of "enclosed area" from having walls on two sides to three sides, and further
provided that "if the openings in an unenclosed area are covered or closed, such that the area at
the time meets the definition of being enclosed, then smoking must be prohibited in the area while
the openings are covered or closed."
STATUS OF ISSUE: Council has indicated its desire to repeal the 2017 amendments to the
smoking ordinance. The attached ordinance repeals those amendments and prohibits smoking in
places of employment enclosed on at least two sides including bay or garage doors whether open
or closed.
BUDGET: No impact.
RECOMMENDATION: Move to adopt an ordinance repealing Ordinance No. 2017-003 and
amending Code of Ordinances Sections 17.46 and 17.53(a) to provide that smoking is prohibited
in any place of employment enclosed on at least two sides.
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, REPEALING ORDINANCE
2017-003 AMENDING ARTICLE III, "SMOKING REGULATIONS;' OF
CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS,
SECTION 17.46, "DEFINITIONS;' AND SECTION 17.53, "PROHIBITION OF
SMOKING IN ENCLOSED PLACE OF EMPLOYMENT"; MAKING OTHER
FINDINGS RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 24, 2014, the City Council of the City of Paris, Texas approved
Ordinance 2014-003 Amending Article III, Chapter 17 of the Code of Ordinances, prohibiting
smoking in public places; and
WHEREAS, on January 17, 2017 City Council adopted Ordinance No. 2017-003
amended said ordinance with respect to smoking in enclosed areas of employment; and
WHEREAS, City Council believes it is in the best interest of the citizens of Paris to
repeal Ordinance No. 2017-003;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That Ordinance No. 2017-003 is hereby in all things repealed.
Section 2. That the definition of "enclosed area" in existing Section 17.46,
"Definitions," of Chapter 17, Article III, "Smoking Regulations," of the Paris Code of
Ordinances is hereby amended to read in pertinent parts, as follows:
"`Enclosed area' means all space between a floor and a ceiling that is bounded on at
least two (2) sides by walls, doorways, or windows, whether open or closed. A wall
includes any retractable divider, garage door, or other physical barrier, whether
temporary or permanent, whether open or closed, and whether or not containing
openings of any kind."
Section 3. That existing Section 17.53(a), "Prohibition of Smoking in Enclosed
Places of Employment," of Chapter 17, Article III, "Smoking Regulations" of the Paris Code
of Ordinances is hereby amended to read in pertinent part, as follows:
"(a) Except as otherwise provided herein, smoking shall be prohibited in all
enclosed areas or 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, stairs, restrooms, vehicles, and all other enclosed
facilities. If the openings in an unenclosed area are covered or closed, such
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that the area at the time meets the definition of being enclosed, then smoking
must be prohibited in the area while the openings are covered or closed."
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance
shall remain in full force and effect.
Section S. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering
any penalty accruing or to accrue, or as affecting any rights of the municipality under any
section or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and
every day's continuance of any violation of the above -enumerated sections shall constitute
and be deemed a separate offense.
Section 7. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 8. That this ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED this 27th day of July, 2020.
Steven J. Clifford, M.D., Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris, City Attorney
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