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Draft Ordinance for 2013-09-19 Vote on Smoking Ban

Draft Ordinance for 2013-09-19 Vote on Smoking Ban

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Published by aselk
Draft Ordinance for 2013-09-19 Vote on Smoking Ban
Draft Ordinance for 2013-09-19 Vote on Smoking Ban

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Published by: aselk on Sep 19, 2013
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11/30/2014

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 AN ORDINANCE AMENDING
CHAPTER 48 ENTITLED “SMOKING”
OF THECODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING,TEXAS, BY PROVIDING DEFINITIONS; PROHIBITING SMOKING IN CERTAINPUBLIC PLACES; PROVIDING A TIME IN WHICH EXISTINGESTABLISHMENTS HAVE TO COMPLY; PROVIDING AFFIRMATIVEDEFENSES; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING SEVERABILITY,REPEALER, AND SAVINGS CLAUSES.WHEREAS, tobacco use is the leading cause of preventable deaths in the United States withmore than 443,000 deaths attributable to smoking and other forms of tobacco use each year accordingto the Centers for Disease Control and Prevention; andWHEREAS, findings by the U.S. Department of Health and Human Services and the SurgeonGeneral confirm that tobacco use has a negative effect on almost every organ of the human body andthat cigarette smoke contains over 60 carcinogens which have been linked to cancer; andWHEREAS, the U.S. Department of Health and Human Services and the Surgeon General haveadvised that exposure to second-hand smoke can cause such long-term complications as lung cancer;cancers of the cervix, bladder, mouth, kidney, pancreas and stomach; heart disease; stroke;osteoporosis; damage to the immune system; infertility; and pregnancy complications including premature birth, low birth weight, malformations, and still births; andWHEREAS, the City of I
rving’s Board of Health (“Health Board”) has recommen
ded that theCity Council of the City of Irving amend the
City’s
current smoking ordinance to further restrictsmoking in public places to combat the negative effects associated with smoking and tobacco use; andWHEREAS, after notice and public hearing, and upon consideration of the recommendation of the Health Board and of all testimony and information submitted during the public hearing, the CityCouncil has determined that it is in the best interest of the public and in support of the health, safety,morals, and general welfare of the citizens of Irving that the Ci
ty’s current smoking
ordinance beamended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OFIRVING, TEXAS:
SECTION 1.
 That the findings set forth above are incorporated into the body of this Ordinance as if fully setforth herein.
SECTION 2.
 That Section 48-1 of Ch
apter 48 entitled “Smoking” of T
he Code of Civil and CriminalOrdinances of the City of Irving, Texas is hereby amended by adding the following definitions to beinserted in alphabetical order:[Sec. 48-1. Definitions]
 
 
Patio 
means a defined, unenclosed outside seating area that is connected or associated with anestablishment that is open to the public or a workplace.
Smoke-free entrance zone 
means that area measured at a distance of twenty-five (25) feethorizontally from the center of the exterior side of any entrance door of any building wheresmoking is prohibited.
Tobacco 
 – 
related busines
means a retail or service establishment whose primary businessinvolves the sale of tobacco, tobacco products, or tobacco smoking implements.
SECTION 3.
That Section 48-2 of Ch
apter 48 entitled “Smoking”
 
of T
he Code of Civil and CriminalOrdinances of the City of Irving, Texas is hereby amended in its entirety to read as follows:
Sec. 48-2. Prohibited in certain areas.
A person commits an offense if he or she is smoking in any of the following areas:(1)
 
An elevator;(2)
 
A hospital or health care facility;(3)
 
Any facility or building of a public or private primary or secondary school; or any seatingarea of an athletic facility (including an indoor or outdoor athletic facility) of a public or  private primary or secondary school; or an enclosed theater, movie house, library, museum,intrastate bus or transit system bus;(4)
 
Any public area of any building owned, operated or managed by the City, including, but notlimited to, the Civic Center Complex, Texas Stadium, the Irving Convention Center, park  buildings, recreation centers, Criminal Justice Center, fire stations, police and fire trainingcenters, Irving Community Television Network building, Irving Arts Center, MunicipalService Center, municipal warehouses, and any seating area of an athletic facility (includingan indoor or outdoor athletic facility);(5)
 
The area within the perimeter fence, as defined by Chapter 36 of the Code of Civil andCriminal Ordinances of the City of Irving, Texas, around a municipal swimming pool;(6)
 
Any public indoor area of any retail or service establishment serving the general public,including, but not limited to, any department store, grocery store, drug store, hotel, or motel;(7)
 
Food products establishment;(8)
 
Workplace Indoor area of a public facility, business, or commercial building;(9)
 
Standing in line or a queue in a public area Service lines, including outdoor service lines;(10)
 
Public rRestrooms;, lobbies, or reception areas inside of any building;(11)
 
Any public indoor area of any facility or building of a public or private institution of higher education or any seating area of an athletic facility (including an indoor or outdoor athletic facility) of an institution of higher education;(12)
 
Any area temporarily designated as nonsmoking by order of the fire chief or buildingofficial or their designees; when a potentially hazardous or unsafe situation exists;(13)
 
Any other area with markings or signs which gives reasonable notice that the area is a nosmoking area, regardless of whether the means of designating said area comply with thischapter or state law;(14)
 
Bingo parlors;(15)
 
Billiard halls or gaming facilities;
 
 (16)
 
Any means of public transportation, including, but not limited to, taxicabs, buses, or city-owned, operated, or contracted transportation systems.;(17)
 
Restaurants, bars, or sports cafes; or (18)
 
Within twenty-five (25) feet of all entrances and operable windows of all buildingscovered by this chapter. Polling places;(19)
 
Places of meeting or public assembly under the jurisdiction of the City of Irving;(20)
 
Houses of worship;(21)
 
Child care or adult day care facilities, including those located in a residential building;(22)
 
Common indoor areas of apartment buildings, condominiums, townhomes, and multi-family dwellings;(23)
 
Shopping malls;(24)
 
Sports arenas;(25)
 
All enclosed areas in non-residential buildings that
 
are used as a place of employment;(26)
 
Private clubs;(27)
 
Private or semi-private rooms in nursing homes;(28)
 
On patios; or (29)
 
Within the smoke-free entrance zone of all buildings where smoking is prohibited under this chapter.
SECTION 4.
That Section 48-4 of Ch
apter 48 entitled “Smoking” of T
he Code of Civil and CriminalOrdinances of the City of Irving, Texas is hereby amended in its entirety to read as follows:
Sec. 48-4. Exceptions to smoking prohibited in certain areas
.(a)
 
Smoking is not prohibited in the following places:(1)
 
In designated sleeping rooms in a hotel or motel establishment that have been designatedas smoking rooms by the owner, operator, or person in control of the hotel or motel, provided that the rooms are clearly identified to customers and employees byconspicuous signage and provided that air, gas, and smoke from each smoking area shall be contained within the designated smoking area and removed directly from the buildingsuch that there is no commingling of air with the nonsmoking areas.(2)
 
A tobacco-related business.
SECTION 5.
That Section 48-5 of Ch
apter 48 entitled “Smoking” of T
he Code of Civil and CriminalOrdinances of the City of Irving, Texas is hereby amended in its entirety to read as follows:
Sec. 48-5. Affirmative defenses to smoking.
It is an affirmative defense to prosecution under section 48-2 if the person smoking was in alocation that was:(1)
 
A designated smoking area of a facility or establishment described in subsections (4), (6),(8), (11), or (17) of section 48-2 hotel or motel establishment which is posted as a smokingarea with appropriate signs in accordance with section 48-4; or 

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