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13 - Discussion about amendment of smoking regulationsItem No. 13 COUNCIL MEMBER AGENDA ITEM REQUEST Please complete this form to have an item placed on the agenda for the Council's consideration. The deadline for requesting an item on an agenda will be the Wednesday before the council meeting takes place. This time is necessary so that staff can research the matter and prepare/review an ordinance, resolution, or other document such as a contract. In order for your fellow Council Members to fully understand your item, have productive discussion, ensure efficient council meetings, and for staff to be able to assist you as completely as possible, it is important that you describe the item with as much detail as possible and include any supporting documentation so that it may be included in the Council's meeting packets. Please return this completed form to the City Manager's office or the City Clerk's office. Council member making request: ❑ Renae Stone ❑ Linda Knox ❑ Reginald Hughes ® Clayton Pilgrim ❑ Gary Savage ❑ Paula Portugal ❑ Mihir Pankaj Description of Item: Discuss p ands rovide direction to staff with reward to amendin p the m smoking; regulations Ordinance Noses 2017-003 & 2020-029 attached and consider buildin+� _ into the ordinance an application process for waiver.,.,., � �.. ....w.. Are additional sheets or supporting materials attached? ® Yes ❑ No I request that this item be placed on the agenda for the: ® City Council meeting on this date: 7-12-2021„ ❑ Sometime in the next 2 meetings ❑ No specific time in mind — just keep it on a list of pending issues Signature: s/Cla9n Pilgrim n ........_m,� . Date: 7-6-2021 ,,,, City of Paris Revised 05/10/2021 ORDINANCE NO. 2017-003 AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE III, "SMOKING REGULATIONS;' OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY AMENDING 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, the need has arisen to amend the ordinance with regard to enclosed places of employment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. 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 enclosed on at Least three (3) sides by walls, windows (whether open or closed), or other barrier (exclusive of doors or passageways) which extend from the floor to the ceiling. A wall includes any closed retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind." Section 2. 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 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 3. That all provisions of the ordinances of the City of Paris, Texas in conflict Page 1 of 2 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 4. 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 5. 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 6. 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 7. That this ordinance shall become effective from and after its passage and publication as required by law. PASSED AND ADOPTED this 9th day of January, 2017. A.J.Has ii M.Dm J ........... y orr ATTEST: (Janice Ellis, City ClerV.""".. VRO, ED AS O FORM: St anie H. Harris, City Attorney Page 2 of 2 ORDINANCE NO.2020-029 AN ORDINANCE OF THE CITY OF PARIS, TEXAS, REPEALING ORDINMCE 2017-003 AMENDING ARTICLE III, "SMOIGNG REGULATIONS," OF CHAPTER 17 OF THE CODE OF 0RDINANCES OF THE CITY OF PARIS, SECTION 17. 6, "DEFINITIONS," AND SECTION 17.53, "PROHIBITION OF SF40IONG IN ENCLOSED PLACE OF EMPLOYMENT", KAIKING OTHER FINDINGS RELATED TO THE E; 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 PARIS, TEXAS: I Section 1. That Ordinance No. 2017-003 is hereby in all things repealed. Section 2. That the definition of "enclosed area" in existing Section 1.7.46, "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 wails, 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 111, "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 Page 1 of 2 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. i:0��r; 6' _..m.__ �..... �. m.. x ; Steven J,, 'I r�M.D., Mayor ATTEST: M , :mak Ellis, City Clerk APROVED AS TO FORM: Stephanie H. Harris, City Attorney Page 2 of 2