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94-026 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING ARTICLE II OF CHAPTER 17 OF SAID CODE ORDINANCE NO. 94-026 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING ARTICLE III OF CHAPTER 17 OF SAID CODE; PROVIDING FOR A UNIFORM POLICY GOVERNING SMOKING IN THE ENCLOSED WORK AND COMMON AREAS OF CITY OF PARIS FACILITIES AND VEHICLES; PROVIDING FOR A UNIFORM POLICY GOVERNING SMOKING IN PUBLIC PLACES; PROVIDING FOR A PENALTY NOT TO EXCEED $1,000.00; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF JULY 1, 1994. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Article III of Chapter 17 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "ARTICLE III. SMOKING REGULATIONS Division 1 - General Sec. 17-46. Definitions The following words and terms when used in this article shall have the meanings respectively ascribed to them in this section: A. "Administrative area" shall mean that part of any place or establishment not generally accessible to the public, including, but not limited to, individual offices, stock rooms, meeting rooms and employee lounges. B. "Eating estabGshment" shall mean any place where food is served for on premises consumption and which is accessible by the public or a substantial group of the public. C. "Employee" shall mean any person who is employed by any employer for direct or indirect monetary wages or profit. D. "Employer" shall mean any person who employs the services of an individual person or any person in control of the workplace. E. "Enclosed" shall mean closed in by a roof and walls with appropriate openings for ingress and egress. F. "Motion picture theater" shall mean any theater engaged in the business of exhibiting motion pictures to the public. G. "Physically separated section" shall mean areas totally enclosed by walls and doors. H. "Public business" shall mean any deliberation between a quorum of members of any board, commission, department, committee or agency within the executive or legislative department of the State of Texas, or the City Council or any Board or Commission of the City of Paris at which any public business or public policy is discussed or considered or at which any formal action is taken. 1 I. "Public place" shall mean any place or establishment into which the public is invited. J. "Retail or service establishment" shall mean any establishment which sells goods or services to the general public, except eating establishments and establishments regulated by Section 17-67 of this article. K. "Smoking" shall mean the combustion of any cigar, cigarette, pipe or similar article using any form of tobacco or other combustible substance in any form. L. "Tobacco product" shall mean a cigarette, cheroot, stooge, cigar, snuff, smoking tobacco, chewing tobacco and any article or product made of tobacco or a tobacco substitute. M. "Workplace" shall mean any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primary clerical, professional or business services of a business entity, or which provide primarily clerical, professional or business services to other business entities or to the public at that location. Secs. 17-47 - 17-50. Reserved. Division 2 - City Facilities Sec. 17-51. Adopted The following is hereby adopted as the uniform policy on smoking in the work environment and common work areas for the benefit of all City employees: A. Guiding Principal: The goal of the smoking policy is to provide a smoke-free working environment for City employees and citizens who visit municipal facilities. B. Policy: Smoking is prohibited in all City enclosed work and common areas except in designated smoking areas. Sec. 17-52. Smoking Areas The City will establish one (1) or more separately ventilated or air-filtered, indoor smoking rooms or outdoor shelters at facilities which have no existing area where smokers may go to smoke without exposure to significant health or safety hazards or within the available break or lunch time. Such areas shall contain ashtrays, containers or other facilities for extinguishment of smoking materials, be set apart or separated from nonsmoking areas and include adequate, separate ventilation which minimizes the effect of smoke in adjacent nonsmoking areas. Sec. 17-53. Applicability. The City smoking policy applies to all enclosed work and common area.s and all vehicles occupied or used by City employees, whether owned, rented or leased by the City; to all employees, contractors or visitors, and during all hours and days of the year. The policy applies equally to all private offices out of fairness to other employees who must leave their work sites to smoke and because most private offices are connected to common ventilation systems. 2 Sec. 17-54. Notirication. A. "No Smoking" signs shall be posted in all areas where smoking is prohibited. B. The personnel director is authorized to announce the terms of the smoking policy to all employees working for the City immediately after adoption of this article. C. All City job announcements will include notification of the smoking policy which shall be a term and condition of employment with the City. Sec. 17-55. Exceptions. It is a defense to prosecution under this article that the area in which the offense takes place does not have prominently displayed a reasonably sized notice that smoking is prohibited by this article of the Code of Ordinances of the City and that an offense is punishable by a fine not to exceed one thousand dollars ($1,000.00). Sec. 17-56. Penalty. Any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not less than Twenty-five and no/100 Dollars ($25.00) nor more than Two Hundred and no/100 Dollars ($200.00); provided, however, in the event the actor has previously been convicted under this section, the actor shall be fined an amount not less than Fifty and no/100 Dollars ($50.00) nor more than Five Hundred and no/100 Dollars ($500.00) for a second conviction hereunder, and shall be fined an amount not less than One Hundred and no/100 Dollars ($100.00) nor more than One Thousand and no/100 Dollars ($1,000.00) for a third conviction hereunder and for each conviction thereafter. Each day that a violation continues shall constitute a separate offense. Secs. 17-57 - 17-65. Reserved. Division 3 - Public Places Sec. 17-66. Smoking Prohibited - Public Places A. Prohibited Places. A person commits an offense if he possesses a burning tobacco product or smokes a tobacco product within: 1. A public primary or secondary school; 2. An elevator in buildings generally used by and open to the public, including elevators in office buildings, hotels and multi-family dwellings; 3. A library; 4. A museum; 5. Health care facilities and hospitals; 6. A room or enclosed place of public assembly in which public business is conducted when the public business requires or 3 provides an opportunity for direct participation or observation by the general public; 7. Every publicly or privately owned theater, auditorium or other enclosed facility which is open to the public for the primary purpose of exhibiting any motion picture, stage drama, musical recital, athletic event or any other performance or event; 8. Any portion of any publicly or privately owned room, building or other enclosetl place to which the public ar a substantial group of the public has access, which has been designated by the owner, manager, operatar or other person having control of such area, as a nonsmoking area; or 9. Any portion of any publicly or privately owned unenclosed area to which the public or a substantial group of the public has access, which has been designated by the owner, manager, operator or other person having control of such area, as a nonsmoking area. B. Exceptions. 1. It is an exception to Subsections (A)(1), (A)(3), (A)(4), (A)(5) and (A)(8) that the smoking or possession occurred in an administrative area. 2. It is an exception to Subsections (A)(5) and (A)(8) that the smoking or possession occurred within an area designated by the owner, manager or operator of the place or establishment as a smoking area as provided in Subsection (D). 3. It is an exception to Subsection (A)(5) that the smoking or possession occurred in a patient room where smoking was agreeable to all patients assigned to the room and the administrator of the facility, provided that a sign was present on each door leading into the room which stated: "SIvIOKING IS PERMITTED IN THIS ROOM"; or 4. It is an exception to Subsection (A) that the smoking or possession was by a person as part of his participation in an authorized theatrical performance. C. Defenses. 1. It is a defense to prosecution under this section that the conveyance or public place within which the offense occurred did not have prominently displayed a reasonably sized notice that smoking was prohibited. 2. It is a defense to prosecution under this section that facilities for the extinguishment of smoking materials were not placed within the conveyance or within twenty (20) feet of the public entrances to the place or establishment. D. Designated Smoking Areas. 1. The owner, manager or operator of a retail or service establishment may designate a public smoking area in such establishment, provided that the areas shall be located so as to 4 prevent the exposure to customers of the establishment to secondhand smoke. 2. The administrator of a hospital or health care facility may designate a public smoking area within such facility, provided that the area shall be located so as to prevent the exposure to patients and the general public to secondhand smoke. 3. The owner, manager or operator of a theater or auditorium may designate a public smoking area within such facility, provided that the room is enclosed and located so as to prevent the exposure to the general public within the facility to secondhand smoke. 4. All designated smoking rooms and areas shall be equipped with ventilation systems in compliance with Section 17-67 (D)(1) and (D)(2)• 5. All designated smoking rooms and areas shall be subject to the approval of the Health Department. 6. A person commits an offense if he designates or mainta.ins a smoking area or roorrz in violation of this subsection. Sec. 17-67. Regulation of Smoking - Eating Establishments, Bars and Night Clubs A. A person commits an offense if he smokes tobacco or possesses a burning tobacco product in an eating establishment, bar or night club which has been designated by the owner, manager or operator of such establishment as a non-smoking establishment. B. Exce.ptions. 1. It is an exception to Subsection (A) that the smoking or possession occurred in an area designated as a smoking area by the owner, manager or operator of the establishment, and such area is in conformance with this article and such area is marked as a smoking area. 2. It is an exception to Subsection (A) that the smoking ar possession occurred in an area regulated by and in conformance with Section 17-70 of this article. C. Defenses. 1. It is a defense to prosecution under Subsection (A) that the establishment did not have prominently displayed a reasonably sized notice that smoking was prohibited. 2. It is a defense to prosecution under Subsection (A) that the facilities for the extinguishment of smoking materials were not located within twenty (20) feet of and outside of the public entrances of the establishment. D. 1. A ventilation system shall provide an air exchange every fifteen (15) minutes and shall exhaust the air to the exterior of the building and shall not cause air from a smoking area to be drawn across the nonsmoking area. 5 2. Determination of the sufficiency of a ventilation system shall be made by the Building Inspector. E. A designated smoking area shall be situated so as to minimize the impact of smoke upon pathways and other common areas. Such location shall be subject to the approval of the Health Department of the City of Paris. F. The owner, manager or operator of an eating establishment, bar or night club commits an offense if he designates or maintains a smoking area in violation of this section. G. 1. An eating establishment, bar or night club which does not meet the requirements of Subsections (D)(1) and (D)(2) shall post a sign at a11 public entrances stating either: "NO SMOKING - CITY ORDINANCE" or "WE DO NOT HAVE A NONSMOKING AREA. " 2. The owner or manager of an establishment governed by this subsection commits an offense if he fails to post and maintain the required signs. 3. All children's playgrounds associated with eating establishments shall be nonsmoking. All doors and gates leading to such play areas shall be posted: "NO SMOKING - CITY ORDINANCE." 4. An eating establishment which provides a smoking area must post a sign at all pubtic entrances stating: "SMOKING IN DESIGNATED AREAS ONLY. " Sec. 17-68. Posting of Signs and Placing of Receptacles Required A. Signs. 1. A place or conveyance regulated by Section 17-66 that elects to be totally nonsmoking, shall have signs conspicuously posted at all entrances which state: "NO SMOKING - CITY ORDINANCE." 2. If a place or conveyance regulated by Section 17-66 has a designated smoking area, such signs may also state: "EXCEPT IN DESIGNATED AREAS." 3. A designated smoking area sha11 have signs conspicuously posted in the area which state: "SMOKING IN THIS AREA ONLY." 4. Establishments which do not provide a nonsmoking area, shall have signs conspicuously posted at all entrances which state: "WE DO NOT HAVE A NONSMOKING AREA." B. Letterin Size. Lettering on all required signs must be no smaller than one (1) inch high. C. Receptacles. A place, establishment or conveyance regulated by Sections 17-66 or 17-67, which is partially ar totally nonsmoking, shall have facilities for the extinguishment of smoking materials located within twenty (20) feet of all entrances and within all designated smoking areas. 6 D. Offenses. l. The owner, manager or operator of a place, conveyance or establishment commits an offense if he fails to post signs and provide extinguishment facilities as required by this section. 2. The owner, manager or operator of a place, conveyance or establishment commits an offense if he places or maintains facilities for the extinguishment of smoking materials in public areas other tllan as provided for in Subsection (C). Sec. 17-69. Regulation of Smoking - Workplace A. The purpose of this section is to assure that all employers provide working conditions for nonsmoking employees which will eliminate exposure to secondhand smoke while working or using common facilities. B. Employers shall: 1. Designate all common areas of the workplace including, but not limited to, conference rooms, break areas, rest rooms, and dining areas as nonsmoking except where separate areas are provided for smokers, as described in Subsections (13)(3) and (E)(2), below. 2. Designate as nonsmoking areas of shared office space except where separate areas are provided for smokers as described in Subsection (E)(2) below. 3. Not designate smoking common areas which are larger than comparable areas designated for nonsmokers. 4. Prominently display signs at the place of business with the universal symbol or wording to indicate that smoking is prohibited or permitted only in designated areas. 5. Communicate the requirements of this ordinance to all employees. 6. Not discriminate, discharge, or in any other manner retaliate against any employee exercising a right created by this ordinance. C. Multiple employers sharing common ventilation/air handling systems shall be designated as nonsmoking. D. Building managers or owners shall prominently display signs at the place of business indicating "SMOKING IN DESIGNATED AREAS ONLY" if the building is occupied by more than one employer. Buildings where all tenants have their own separate entrances to the outdoors and no common areas are shared are exempt from the requirements of this paragraph. E. An employer may: 1. Designate the entire workplace as nonsmoking or have more stringent requirements than the requirements of this ordinance. 2. Allow smoking in a physically separated section of the workplace if all employees in that area are smokers; and: 7 a. The ventilation/air handling system serving such section does not serve any other areas of the workplace; or b. No return air is permitted from such sections to a common ventilation/air handling system, exhaust ventilation equal to four (4) air changes per llour is provided, and exhaust ventilation shall terminate outside the building. F. Designated smoking areas may be provided if: 1. Tenant spaces not sharing ventilation systems with any other tenant are totally separated with walls and doors from other parts of the business; or 2. Buildings with more than one (1) employer are totally separated with walls and doors from other parts of the building and are equipped with a separate ventilation system which serves smoking areas only. G. An employer commits an offense if he violates any provision of the section. H. Customer smoking areas in establishments regulated elsewhere in this article are exempt from the provisions of this section. Sec. 17-70. Structural Modifications Not Required Except as provided in Sections 17-66 (D)(4) and 17-67, nothing in this article shall require the owner, operator, manager or other person in control of any building, tiacility, room, establishment or structure to incur any expense to make structural or other physical modifications to comply with the terms and conditions of this article. The posting of signs or the equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be structural or other physical modifications. Sec. 17-71. Exemptions A. Any owner or manager of a business, facility, room, structure or other establishment subject to Sections 17-66, 17-68, and 17-69 may apply to the Environmental Health Ofticial for an exemption to or modification of any provision of this article due to unusual circumstances or conditions. Such exemption shall be granted only if the Environmental Health Official finds from the evidence presented by the applicant for exemption either that: 1. The applicant cannot comply with the provisions of this article for which an exemption is requested without incurring expenses for structural or other physical modifications, other than posting signs, to buildings and structure; or 2. Due to such unusual circumstances, the failure to comply with the provision for which the exemption is requested will not result in a danger to health or annoyance, inconvenience or discomfort. Sec. 17.72. Deadline For Compliance A. Nonsmoking Establishments. All conveyances or establishments that elect to be totally nonsmoking shall post proper signs and place facilities for the extinguishment of smoking materials within the conveyance or at all public 8 entrances, as provided for in Section 17-68 (C), on or before the effective date of this ordinance. B. Smoking Establishments. All establishments that elect to be totally smoking shal] post proper signs at all public entrances, as provided for in Section 17-68 (C), on or before the effective date of this ordinance. C. Designated Smokiniz Areas. All establishments that currently have designated smoking areas which are in compliance with Section 17-67 (D)(1) and (D)(2) shall post proper signs and place facilities for the extinguishment of smoking materials at all public entrances and within all designated smoking areas, as provided for in Section 17-68 (C), on or before the effective date of this ordinance. D. Designated Smoking Areas Not Currently In Compliance. All establishments desiring to have designated smoking areas, but which are not currently in compliance with Section 17-67 (D)(1) and (D)(2), must, on or before the effective date of this ordinance, designate the establishment as totally smoking or totally nonsmoking until such time as the completion of any modifications necessary to bring the establishment into compliance said Section 17-67. Sec. 17-73. Penalty For Violation Any person, firm, corporation, agent or employee thereof who violates any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not less than Twenty-five and no/100 Dollars ($25.00) nor more than Two Hundred and no/100 Dollars ($200.00); provided, however, in the event the actor has previously been convicted under this section, the actor shall be fined an amount not less than Fifty and no/100 Dollars ($50.00) nor more than Five Hundred and no/100 Dollars ($500.00) for a second conviction hereunder, and shall be fined an amount not less than One Hundred and no/100 Dollars ($100.00) nor more than One Thousand and no/100 Dollars ($1,000.00) for a third conviction hereunder and for each conviction thereafter. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 17-74. Culpability There shall be no requirement of a culpable mental state for a violation of this article." Section 2. Any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $1,000.00, and each and every day's continuance of the above enumerated section shall constitute and be deemed a separate offense. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and, if any section, paragraph, sentence clause, or phrase of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, and phrases of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of such unconstitutional section, paragraph, sentence, clause, or phrase. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. 9 Section 5. This ordinance shall become effective on July 1, 1994. PASSED AND ADOPTED this 13th day of June, 1994. . a z Don Shelton, May r ATTEST: t NZattie Cunnin;ham, City Cler APPROVED AS TO RM: ~ T. K. aynes, Ci Attorney ORDWORK-94: SMOKING.ALL 10