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03-04-06-Ordinance-Amending the Smoking Regulations-03/20/2006ORDINANCE NO. 03-04-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 8 TO ADD ARTICLE 8.700 TO PROVIDE SMOKING REGULATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, secondhand smoke produced by the burning of tobacco has been shown by scientific studies to be harmful to the public's health, especially children, the elderly, and those with respiratory diseases, and including nonsmokers who have not chosen to accept the risks of smoking; and, WHEREAS, the City of Sanger intends to continue to demonstrate its commitment to safeguarding the health of all its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Sanger, Denton County, Texas, is hereby amended by amending Chapter 8, in part, to add Article 8.700, Smoking Regulations to read as follows: "Chapter 8 OFFENSES AND PROVISIONS ARTICLE 8.700. SMOKING REGULATIONS Sec.8.701. Purpose. It is a goal of the City of Sanger 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. As a result it is hereby declared that the City intends to limit the smoking of tobacco products in food service establishments where its harmful effects can carry over and harm those who have chosen not to smoke but are forced into contact with tobacco smoke during their everyday actions. Sec. 8.702 General. The smoking 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. Sec.8.703. Definitions. In this Article: (a) ADMINISTRATIVE AREA means 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. (b) DIRECTOR means the person designated by the City Manager to enforce and administer this Article or the person's designated representative. (c) FOOD SERVICE ESTABLISHMENT means 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. (d) PUBLIC SERVICE AREA means 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. (e) SIGN means the official placard designating an area or facility where smoking is prohibited, and which conforms to the following format, to -wit: (1) "No smoking —City of Sanger Ordi{najice No. o -j_ o 4 _ o h Violators fined up to $500"; (2) The universal symbol for no smoking; or (3) Any other language indicating that the area marled is designated as a nonsmoking area. All signs must be of sufficient size to accommodate the message contained therein in letters at least one inch in height. �. Sec. 8.704. Smolung prohibited in certain public areas. (a) A person commits an offense if he smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas, to wit: (1) A public library, or museum; (2) Hearing rooms, conference rooms, meeting rooms or any public service area of any facility owned, operated, or managed by the City of Sanger in which public business is conducted, when the public business requires or provides an opportunity for direct participation or observation by the general public; or (3) Any food service establishment serving the general public. (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. City of Sanger Ordinance No. _. 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. 8.705. Exceptions. The following areas are excepted from the provisions of this Article: (a) An administrative area within the workplace. (b) Hotel and motel meeting and assembly rooms rented to guests, areas, and rooms while in use for private social functions. Sec. 8.706. "No Smoldng" signs. The director is authorized to order the posting of "No Smoking" 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" signs shall be approved by the director. Sec. 8.707. Removal of signs prohibited. A posted "No Smoking" sign shall not be obscured, removed, defaced, mutilated or destroyed. Sec. 8.708. Compliance with "No Smoldng" signs. Smoking shall not be permitted nor shall a person smoke, throw or deposit any lighted or smoldering substance in any place where "No Smoking" signs are posted." SECTION 2. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 3. All provisions of the Code of Ordinances of the City of Sanger, Texas, in conflict with the provisions of this ordinance are hereby repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or of the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of Sanger, Texas, shall be subject to a fine not to exceed the sum of five hundred dollars ($500.00) for each offense, and each and every day said violation is continued shall constitute a separate offense. SECTION 5. This ordinance shall take effect from and after its passage, and publication of the caption, as the law and charter in such cases provide; and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, ON THIS THE 2 0 tDAY OF March 2006. APPROVED: YOR 07, TEiS: CITY ATTORNEY (RLD/3/14/06) (64654)