Loading...
09-14-09-Ordinance-Smoking and Use of Tobacco Products-09/21/2009ORDINANCE #09-14-09 THAT ARTICLE 8.800 "SMOKING" OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; BY AMENDING ARTICLE 8.800 SMOKING; ALL SECTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: Section 1. That Article 8.800 of the Smoking and Use of Tobacco Products of the Code of Ordinances, City of Sanger, Texas, is hereby amended to read as follows: ARTICLE 8.800 SMOKING AND USE OF TOBACCO PRODUCTS Sec.8.801 Purpose It is the goal of the city to provide all residents with a healthy and safe environment. The City Council is of the opinion that secondhand smoke is contrary to this goal because it affects those in proximity to a smoker in addition to the smoker. Further, it is the Council's opinion that the use of smokeless tobacco products in public areas creates sanitation and health concerns that are detrimental to the public. As a result it is hereby declared that the city intends to limit the use of tobacco products in certain locations. See.8.802 Prohibited The use of All Tobacco Products or carrying of a lighted pipe, cigar, cigarette or any other type of smoking paraphernalia or material is prohibited in the areas indicated in this article. See.8.803 Definitions In this article: Administrative Area. The area of an establishment not generally accessible to the public, including, but not limited to individual offices, stockrooms, and employee lounges, or meeting rooms. All Tobacco Products. Includes cigarettes, cigars, chewing tobacco, snuff and any other type of tobacco product. Director. The person designated by the City Manager to enforce and administer this article or the person's designated representative. Food Service Establishment. Any fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, confectionery, ice cream store, refreshment stand, fruit stand, country club, catering service, industrial feeding establishment, convenience store or grocery store, where food or drink is prepared for sale or for service on the premises or elsewhere; any other establishment where food or drink is prepared for sale or for eating or drinking; or, an establishment or operation where food or drink is served or provided for the public, with or without charge. Outdoor Public Facility. Includes sports facilities, public parks and any other outdoor facilities owned or operated by the City of Sanger. Public Service Area. Any area to which the general public routinely has access for municipal services or which is designated a public service area in a written policy prepared in compliance with this article. Sign. The official placard designating an area or facility where smoking is prohibited, and which conforms to the following format, to wit: (1) "No smoking or use of tobacco products permitted — City of Sanger Code of Ordinances, Article 8.800, Violators fined up to $500"; (2) The universal symbol for no smoking or tobacco use; or (3) Any other language indicating that the area marked is designated as a non tobacco use area. All signs must be of sufficient size to accommodate the message contained therein in letters at least one inch in height. Smokin . Burning of tobacco, weed or other plant product in any form. Sec. 8.804 Public Areas (a) A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product or uses any tobacco product in any of the following areas, to wit: (1) Inside a public library or museum; (2) Any public building owned, managed or operated by the City of Sanger. (3) Inside any food service establishment serving the general public. (4) In any City owned vehicle. (b) The owner or person in control of an establishment or an area designated in subsection (a) of this section shall post a conspicuous sign at the main entrance to the establishment which shall contain the words, "No Smoking or use of tobacco products permitted. City of Sanger Code of Ordinances, Article 8.800. Violations Fined Up to $500." (c) It shall be a defense to prosecution under this article that the public place in which the offense takes place does not have prominently displayed a reasonably -sized sign stating that smoking is prohibited and that an offense is punishable by a fine not to exceed five hundred dollars ($500.00). Sec.8.805 Exceptions The following areas are excepted from the provisions of this article: (1) An administrative area within the workplace. (2) Meeting and assembly areas, and rooms while in use for private social functions. (3) Designated outdoor smoking areas at public facilities as designated by the Director. Sec. 8.806 No Smoking Signs The director is authorized to order the posting of "no smoking or use of tobacco products permitted" signs in a conspicuous location in each structure or locations in which smoking is prohibited. The content, lettering, size, color and location of required "no smoking or use of tobacco products permitted" signs shall be approved by the director. Sec. 8.807 Same —Removal Prohibited A posted "no smoking or use of tobacco products permitted" sign shall not be obscured, removed, defaced, mutilated or destroyed. Sec.8.808 Same —Compliance Smoking or use of any tobacco product shall not be permitted nor shall a person smoke, throw or deposit any lighted or smoldering substance in any place where "no smoking or use of tobacco products permitted" signs are posted. 8.809 Outdoor Public Facilities The use of all Tobacco Products is prohibited in all outdoor public facilities owned or operated by the City of Sanger except in parking lots and other designated areas. 8.810 Penalties (a) A person who violates a provision of this article is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense upon conviction is punishable by a fine as set forth in the general penalty provision found in Section 1.109 of this code. Section 2. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, phrases and words of this Ordinance are severable and, if any word, phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining portions of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional word, phrase, clause, sentence, paragraph, or section. Section 4. Any person, firm, or corporation who shall violate any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision found in Section 1.109 of this Code. Section 5. This ordinance will take effect immediately from and after its passage, and the publication of the caption, as the law and Charter in such cases provide PASSED AND APPROVED this , , / day of�)��_ , 2009 by the City Council of the City of Sanger, Texas. ATT ST/: } Rosalie Chavez, City S APPROVED: ���Z�yg4b�1it�8S! ����� O<f> . `� ` 1� Joe Biggs, Tq 4yor AS y�.�XAS e4 ®®®sZ®I////1' Ce Il��a`���®��a /1111BIIIIE