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The health board's proposed ban, which Irving City Council rejected

The health board's proposed ban, which Irving City Council rejected

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Published by aselk
The health board's proposed ban, which Irving City Council rejected
The health board's proposed ban, which Irving City Council rejected

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Published by: aselk on Nov 13, 2013
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02/05/2014

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 AN ORDINANCE AMENDING
CHAPTER 48 ENTITLED “SMOKING”
 OF THE CODE OF CIVIL AND CRIMINAL ORDINANCES OF THE CITY OF IRVING, TEXAS, BY PROVIDING DEFINITIONS; PROHIBITING SMOKING IN CERTAIN PUBLIC PLACES; PROVIDING A TIME IN WHICH EXISTING ESTABLISHMENTS HAVE TO COMPLY; PROVIDING AFFIRMATIVE DEFENSES; 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 with more than 443,000 deaths attributable to smoking and other forms of tobacco use each year according to the Centers for Disease Control and Prevention; and WHEREAS, findings by the U.S. Department of Health and Human Services and the Surgeon General confirm that tobacco use has a negative effect on almost every organ of the human body and that cigarette smoke contains over 60 carcinogens which have been linked to cancer; and WHEREAS, the U.S. Department of Health and Human Services and the Surgeon General have advised 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; and WHEREAS, the City of I
rving’s Board of Health (“Health Board”) has recommen
ded that the City Council of the City of Irving amend the
City’s
 current smoking ordinance to further restrict smoking in public places to combat the negative effects associated with smoking and tobacco use; and WHEREAS, 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 City Council 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 be amended;  NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:
SECTION 1.
 That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein.
SECTION 2.
 That Section 48-1 of Ch
apter 48 entitled “Smoking” of T
he Code of Civil and Criminal Ordinances of the City of Irving, Texas is hereby amended by adding the following definitions to be inserted in alphabetical order: [Sec. 48-1. Definitions]
 
 
Patio
means a defined, unenclosed outside seating area that is connected or associated with an establishment that is open to the public or a workplace.
Smoke-free entrance zone
means that area measured at a distance of twenty-five (25) feet horizontally from the center of the exterior side of any entrance door of any building where smoking is prohibited.
Tobacco 
 – 
related business
means a retail or service establishment whose primary business involves 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 Criminal Ordinances 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 seating area 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 not limited to, the Civic Center Complex, Texas Stadium, the Irving Convention Center, park  buildings, recreation centers, Criminal Justice Center, fire stations, police and fire training centers, Irving Community Television Network building, Irving Arts Center, Municipal Service Center, municipal warehouses, and any seating area of an athletic facility (including an indoor or outdoor athletic facility); (5)
 
The area within the perimeter fence, as defined by Chapter 36 of the Code of Civil and Criminal 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 building official 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 no smoking area, regardless of whether the means of designating said area comply with this chapter 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 buildings covered 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 Criminal Ordinances 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 designated as 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 by conspicuous 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 building such 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 Criminal Ordinances 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 a location 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 smoking area with appropriate signs in accordance with section 48-4; or

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