2014-003 Amending Article III, Smoking Regulations of Chapter 17 of the Texas Code of Ordinances of the City of Paris, Texas; prohibiting smoking in public places in the CityORDINANCE NO. 2014 -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;
PROHIBITING SMOKING IN PUBLIC PLACES IN THE CITY; MAKING
OTHER FINDINGS AND PROVIDING CERTAIN EXCEPTIONS
RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A
SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas finds that primary and
secondary tobacco smoke inhalation is harmful to a person's health, contributing to several
adverse conditions and diseases including: lung cancer and other forms of cancer, cardiac and
circulatory diseases, and asthma, that smoking in public places creates a nuisance and a health
hazard for those persons gathered in and occupying public places; and
WHEREAS, the City Council also heard testimony from parents of young children and
school teachers that were concerned about minor children being exposed to secondhand smoke in
some of our local restaurants, bowling alleys and ballparks, and the Council recognized that
children do not always have control over where they eat out or where they recreate; and
WHEREAS, in January 2014, the City Council formed a Task Force to study the
smoking regulations of the City of Paris and to make recommendations to the City Council for
changes to the City's ordinance; and
WHEREAS, the Task Force composed of residents, physicians and business owners in
the community worked with the Mayor, council members and city staff over the last two months
to revise the City's smoking regulations to better protect the health, safety and welfare of the
citizens of Paris; and
WHEREAS, the City Council of the City of Paris, Texas, hereby finds and determines
that it is necessary to amend the city's smoking regulations to further restrict smoking in public
places to combat the negative effects of tobacco use and second hand smoke and to protect the
public health safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PARIS, TEXAS:
Section 1. That Article III of Chapter 17 of the Code of Ordinances of the City of Paris,
Texas, be and hereby is amended to read in its entirety as follows:
"ARTICLE III. SMOKING REGULATIONS
Sec. 17 -46. Definitions
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The following words and phrases, whenever used in this Article, shall be construed as
defined in this Section:
A. "Arena" or "Sports Arena" means a place where people assemble to engage in physical
exercise, participate in athletic competition, or witness sports or other events, including
sports pavilions, stadiums, ball fields, gymnasiums, health spas, boxing arenas, swimming
pools, roller and ice rinks, and bowling alleys.
B. "Bar" means an establishment that is devoted to the serving of alcoholic beverages for
consumption by guests on the premises and in which the serving of food is only incidental to
the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail
lounges, and cabarets. For the purpose of this Article, it shall be presumed that an
establishment is a bar if alcohol sales are in excess of fifty percent (50 %) of the gross
receipts of the establishment and the establishment has a valid on- premises consumption
license issued by the Texas Alcoholic Beverage Commission.
C. "Business" means a sole proprietorship, partnership, joint venture, corporation, or other
business entity, either for - profit or not - for - profit, including retail establishments where goods
or services are sold; professional corporations and other entities where legal, medical, dental,
engineering, architectural, or other professional services are delivered; and private clubs.
D. "Employee" means a person who is employed by an employer in consideration for direct or
indirect monetary wages or profit, or a person who volunteers his or her services.
E. "Employer" means a person, business, partnership, association, corporation, including a
municipal corporation, trust, or non - profit entity that employs the services of one or more
individual persons.
F. "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least
two 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
and whether or not containing openings of any kind.
G. "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, long -term care facilities, homes for the
aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical
therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This
definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and
wards within health care facilities.
H. "Place of Employment" means an area under the control of a public or private employer,
including, but not limited to, work areas, private offices, employee lounges, restrooms,
conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, temporary
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offices, and vehicles. A private residence is not a "place of employment" unless it is used as
a child care, adult day care, or health care facility.
I. "Playground" means any park or recreational area designed in part to be used by children that
has play or sports equipment installed or that has been designated or landscaped for play or
sports activities, or any similar facility located on public or private school grounds or on City
grounds.
"Private Club" means an organization, whether incorporated or not, which is the owner,
lessee, or occupant of a building or portion thereof used exclusively for club purposes at all
times, which is operated solely for a recreational, fraternal, social, patriotic, political,
benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic
beverages incidental to its operation. The affairs and management of the organization are
conducted by a board of directors, executive committee, or similar body chosen by the
members at an annual meeting. The organization has established bylaws and /or a constitution
to govern its activities. The organization has been granted an exemption from the payment of
federal income tax as a club under 26 U.S.C. Section 501.
K. "Public Place" means an area to which the public is invited or in which the public is
permitted, including but not limited to: banks, grocery stores, restaurants, retail stores,
theaters, bowling alleys, gaming facilities, health care facilities, hotels and motels,
laundromats, public transportation vehicles and facilities, reception areas, waiting rooms,
shopping malls and sports arenas. For the purposes of this Article, a bar, as defined herein, is
not considered a "public place ". A private residence is not a "public place" unless it is used
as a child care, adult day care, or health care facility.
L. "Restaurant" means an eating establishment, including but not limited to, coffee shops,
cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers
for sale food to the public, guests, or employees, as well as kitchens and catering facilities in
which food is prepared on the premises for serving elsewhere. The term "restaurant" shall
include a bar area within the restaurant.
M. "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting
for or receiving service of any kind, whether or not the service involves the exchange of
money, including but not limited to, ATM lines, concert lines, food vendor lines, movie
ticket lines, and sporting event lines.
N. "Shopping Mall" means an enclosed public walkway or hall area that serves to connect retail
or professional establishments.
O. "Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe,
weed, plant or other combustible substance in any manner or form.
Sections. 17 -47 - 17 -50. Reserved.
Sec. 17 -51. Application of Article to City -Owned Facilities and Property.
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Smoking is prohibited inside all City buildings and facilities, and in all areas located
within thirty feet (30') of any entrance to the building or facility, operable windows, air intake
ducts or ventilation system.
Sec. 17 -52. Prohibition of Smoking in Enclosed Public Places.
Smoking shall be prohibited in all enclosed public places within the City of Paris, Texas,
including but not limited to, the following places:
A. Aquariums, galleries, libraries, and museums.
B. Areas available to the general public in businesses and non - profit entities patronized by
the public, including but not limited to, banks, laundromats, professional offices, and
retail service establishments.
C. Bingo facilities.
D. Bowling alleys.
E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
H. Elevators.
1. Gaming facilities.
J. Health care facilities.
K. Hotels and motels.
L. Lobbies, hallways, and other common areas in apartment buildings, condominiums,
trailer parks, retirement facilities, nursing homes, and other multiple -unit residential
facilities.
M. Polling places.
N. Public transportation vehicles, including buses and taxicabs, under the authority of the
City of Paris, Texas and ticket, boarding, and waiting areas of public transportation
facilities, including bus, train, and airport facilities.
O. Restaurants.
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P. Restrooms, lobbies, reception areas, hallways, and other common -use areas.
Q. Retail stores.
R. 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 of
Paris, Texas or a political subdivision of the State, to the extent the place is subject to the
jurisdiction of the City of Paris, Texas.
S. Service lines.
T. Shopping malls.
U. Sports arenas, including enclosed places in outdoor arenas.
V. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas,
lectures, musical recitals, or other similar performances.
Sec. 17 -53. Prohibition of Smoking in Enclosed Places of Employment.
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.
B. This prohibition on smoking shall be communicated by Employers to all existing
employees within five (5) days of the effective date of this ordinance and to all
prospective employees upon their application for employment.
Sec. 17- 54. Reserved.
Sec. 17 -55. Prohibition of Smoking in Enclosed Residential Facilities.
Smoking shall be prohibited in the following enclosed residential facilities: Nursing
homes, assisted living facilities and rehabilitative care facilities.
Sec. 17 -56. Prohibition of Smoking in Outdoor Public Places.
Smoking shall be prohibited in the following outdoor places:
A. In or upon all city parks, playgrounds, trails, ball fields, swimming pools, tennis courts,
basketball courts, sports complexes or other city owned or city controlled outdoor
recreation centers.
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B. Within thirty feet (30') of outside entrances, operable windows, and ventilation systems
of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from
entering those areas.
C. In or within twenty -five feet (25') of any entrance, doorway, operable window, air duct
or ventilation system to any City building or facility.
D. In outdoor seating or serving areas of restaurants and within thirty feet (30') of those
areas.
E. In all outdoor arenas, stadiums, sports fields and amphitheaters. Smoking shall also be
prohibited in and within twenty -five (25') feet of bleachers, grandstands, restroom
facilities and concession stands serving these facilities.
F. On all outdoor playgrounds and within thirty feet (30') of any outdoor playground.
G. In, and within thirty feet (30') of, all outdoor public transportation stations, platforms,
and shelters under the authority of the City of Paris, Texas.
H. In all outdoor service lines, including lines in which service is obtained by persons in
vehicles, such as service that is provided by bank tellers, automatic teller machines,
parking lot attendants, and toll takers. In lines in which service is obtained by persons in
vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only
within thirty feet (30') of the point of service.
In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement
facilities, nursing homes, and other multiple -unit residential facilities, except in
designated smoking areas, not to exceed twenty -five percent (25 %) of the total outdoor
common area, which must be located at least thirty feet (30') from outside entrances,
operable windows, and ventilation systems of enclosed areas where smoking is
prohibited.
Sec. 17 -57. Where Smoking Not Regulated.
A. Notwithstanding any other provision of this Article to the contrary, the following areas
shall not be subject to the smoking restrictions of this Article:
1. A tobacco retail shop which is primarily engaged in the sale of tobacco, tobacco products,
or smoking accessories; provided that establishment does not allow or employ persons
under the age of eighteen (18) years within the establishment;
2. A bar, nightclub, or sexually oriented business that:
a. Does not allow or employ persons under the age of eighteen (18) years within the
establishment; and
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b. Does not open into a food establishment, hotel, motel, or any other establishment
in which smoking is prohibited under this article.
3. Private residences, except when used as a child care, adult day care, group home, or
health care facility;
4. Private club as defined in this Article.
B. Smoke from the places listed in Sec. 17-57 is prohibited from infiltrating into areas where
smoking is prohibited under the provisions of this Article. It shall be an offense under
this article for a person to allow such infiltration to occur.
Sec. 17 -58. Declaration of Establishment or Outdoor Area as Nonsmoking.
Notwithstanding any other provision of this Article, an owner, operator, manager, or
other person in control of an establishment, facility, or outdoor area may declare that entire
establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in
any place in which a sign conforming to the requirements of Section 17 -60 is posted.
Sec. 17 -59. Posting of Signs and Removal of Ashtrays.
The owner, operator, manager, or other person in control of a public place or place of
employment where smoking is prohibited by this Article shall:
A. Clearly and conspicuously post "No Smoking" signs or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red
circle with a red bar across it) in that place.
B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking
is prohibited. The following wording may be used:
"NO SMOKING, CITY ORDINANCE, ARTICLE 3, CHAPTER 17. VIOLATORS
FINED UP TO $2,000.00."
C. Clearly and conspicuously post on every vehicle that constitutes a place of employment
under this Article at least one sign, visible from the exterior of the vehicle, stating that
smoking is prohibited.
D. Remove all ashtrays from any area where smoking is prohibited by this Article, except
for ashtrays displayed for sale and not for use on the premises.
Sec. 17 -60. Non - retaliation; Non - waiver of Rights.
A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against
an employee, applicant for employment, customer, or resident of a multiple -unit
residential facility because that employee, applicant, customer, or resident exercises any
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rights afforded by this Article or reports or attempts to prosecute a violation of this
Article.
B. An employee who works in a setting where an employer allows smoking does not waive
or otherwise surrender any legal rights the employee may have against the employer or
any other party.
Sections 17 -61 through 17 -69 Reserved.
Sec. 17 -70. Enforcement.
A. This Article shall be enforced by the City of Paris Police Department or any authorized
designee of the City of Paris.
B. Notice of the provisions of this Article shall be given to all applicants for a business
license in the City of Paris, Texas.
C. Any citizen who desires to register a complaint under this Article may contact the City of
Paris Police Department.
D. The Building Official, Fire Department, or their designees shall, while an establishment
is undergoing otherwise mandated inspections, inspect for compliance with this Article.
E. An owner, manager, operator, or employee of an area regulated by this Article shall
direct a person who is smoking in violation of this Article to extinguish the product being
smoked. If the person does not stop smoking, the owner, manager, operator, or employee
shall refuse service and shall immediately ask the person to leave the premises. If the
person in violation refuses to leave the premises, the owner, manager, operator, or
employee shall contact a law enforcement agency.
F. In addition to the remedies provided by the provisions of this Article, the City Manager
or his authorized designee, or any person aggrieved by the failure of the owner, operator,
manager, or other person in control of a public place or a place of employment to comply
with the provisions of this Article may apply for injunctive relief to enforce those
provisions in any court of competent jurisdiction.
Sec. 17 -71. Violations and Penalties.
A. A person who smokes in an area where smoking is prohibited by the provisions of this
Article shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine
of no less than $50.00 and no more than $2,000.00 per violation.
B. Except as otherwise provided in Section 17 -70, 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 Article shall be guilty of a misdemeanor and upon conviction, shall
be subject to a fine of no less than $50.00 and no more than $2000.00 per violation.
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C. In addition to the fines established by this Section, any person who owns, manages,
operates, or otherwise controls a public place or place of employment and who continues
to violate this Article following notice or citation from the City of Paris may have their
permit to operate or their certificate of occupancy suspended or revoked by the City.
D. Violation of this Article is hereby declared to be a public nuisance, which may be abated
by the City Manager or his authorized designee by restraining order, preliminary and
permanent injunction, or other means provided for by law, and the City of Paris, Texas
may take action to recover the costs of the nuisance abatement.
E. Each day on which a violation of this Article occurs shall be considered a separate and
distinct violation.
Sec. 17 -72. Public Notification /Grace Period.
Within Forty -Eight (48) hours following the City Council's enactment of this ordinance,
the City Manager or his designee shall post a copy of the new smoking regulations on the
City's website and deliver a copy of this ordinance to all local media for notification of
the public. There shall be a thirty (30) day grace period following the effective date of
this ordinance during which time the City Police Department and /or other city
enforcement officials shall issue verbal or written warnings to any person or business that
may violate the terms of this ordinance.
Sec. 17 -73. Other Applicable Laws.
This Article shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Sec. 17 -74. Liberal Construction.
This Article shall be liberally construed so as to further its purposes.
Section 2. 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 3. 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.
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Section 4. 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 5. 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 6. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 24th day of " AA I, Ins A
ATTEST:
nice Ellis, City Clerk
APPROVED AS TO FORM:
Kent c , i`
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