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Smoke Free Birmingham Ordinance

Smoke Free Birmingham Ordinance

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Published by Madison Underwood

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Published by: Madison Underwood on Feb 13, 2012
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02/13/2012

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ORDINANCE NO.__________________
AN ORDINANCE TO REPEAL TITLE 11, CHAPTER 9, SECTION 10, “SMOKING INPUBLIC PLACES” AND ADOPT IN FULL A NEW TITLE 11, CHAPTER 9, SECTION10, “
CITY OF BIRMINGHAM SMOKE FREE ORDINANCE OF 2011
”.
 
ORDINANCE NO._____________
WHEREAS,
numerous studies have shown that exposure to second hand smoke, aknown carcinogen, causes disease and premature death in children and adults who do not smokeand that health hazards induced by breathing secondhand smoke may include lung cancer, heartdisease, respiratory infection and decreased respiratory function; and
WHEREAS
, studies have shown that during periods of active smoking, peak andaverage outdoor tobacco smoke levels at outdoor cafes and bar patios rival indoor tobacco smokeconcentrations; and
WHEREAS
, studies have shown that
residual tobacco contamination, or “thirdhandsmoke”, from cigarettes, cigars, and other tobacco products is left behind after smoking occurs
and builds up on surfaces and furnishings. This highly toxic particulate matter, including nicotinecan linger in spaces long after smoking has ceased and clings to walls and ceilings and beabsorbed into carpets, draperies, upholsteries, and be reemitted into the air; and
WHEREAS
, the Food and Drug Administration (FDA) has also
determined that “e
-
cigarettes” contain not only nicotine, but also detectable levels of known carcinogens and toxic
chemicals from which a vapor, similar to traditional tobacco products of undetermined andpotentially harmful substances are emitted; and
WHEREAS,
business owners should, in the interest of public health, provide a work environment that does not expose workers or customers to unreasonably dangerous conditionsand should take precautions not to expose workers or customers to toxic chemicals found insecondhand smoke.
 
 
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NOW, THEREFORE
the Council of the City of Birmingham finds that secondhandsmoke is a form of air pollution, a danger to health, and a material public nuisance, and deems itappropriate to enact the following ordinance to (1) protect the public health and welfare byprohibiting smoking in public places and places of employment, (2) guarantee the right of non-smokers, and (3) recognize the need to breathe smoke-free air.
Section 1. BE IT HEREBY ORDAINED
by the Council of the City of Birmingham that Title11, Chapter 9, Section 10 of the General Code of the City of Birmingham, 1980, as amended ishereby repealed and the following Title 11, Chapter 9, Section 10 is hereby adopted to read infull as follows:
Section 2. Smoking in public places and places of employment(a)
 
 Definitions
.
In this Section, the following definitions shall apply:(1)
 
“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 onlyincidental to the consumption of those beverages, including but not limited to,taverns, nightclubs, cocktail lounges, and cabarets.(2)
 
“Business” means a sole proprietorship, partnership, joint venture, corporation, or 
other business entity, either for-profit or not-for-profit, including retail establishmentswhere goods or services are sold; professional corporations and other entities wherelegal, medical, dental, engineering, architectural, or other professional services aredelivered; and private clubs.(3)
 
“E
-
cigarette” means
any electronic oral device, such as one composed of a heatingelement, battery, and/or electronic circuit, which provides a vapor of nicotine or anyother substances, and the use or inhalation of which simulates smoking. The termshall include any such device, whether manufactured, distributed, marketed, or soldas an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.(4)
 
“Employee” means a person who
works for an employer, whether in consideration fordirect or indirect monetary wages or profit, or as a volunteer.
 
 
3 |
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(5)
 
“Employer” means a person
, association, trust, or a business, including a municipalcorporation, with one or more employees.(6)
 
“Enclosed Area” means
all space between a floor and a ceiling that is bounded on atleast two sides by walls, doorways, or windows, whether open or closed. A wallincludes any retractable divider, garage door, or other physical barrier, whethertemporary or permanent and whether or not containing openings of any kind.(7)
 
“Health Care Facility” means an office or institution providing care or treatment of 
diseases, whether physical, mental, or emotional, or other medical, physiological, orpsychological conditions, including but not limited to, hospitals, rehabilitationhospitals or other clinics, including weight control clinics, nursing homes, long-termcare facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and allspecialists within these professions. This definition shall include all waiting rooms,hallways, private rooms, semiprivate rooms, and wards within health care facilities.(8)
 
“Place of Employment” means an area under the control of a publi
c or privateemployer, including, but not limited to, work areas, private offices, employeelounges, restrooms, conference rooms, meeting rooms, classrooms, employeecafeterias, hallways, construction sites, temporary offices, and vehicles. A privateresid
ence is not a “place of employment” unless it is used as a child care, adult day
care, or health care facility.(9)
 
“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 clubpurposes at all times, which is operated solely for a recreational, fraternal, social,patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, andwhich only sells alcoholic beverages incidental to its operation. The affairs andmanagement of the organization are conducted by a board of directors, executivecommittee, or similar body chosen by the members at an annual meeting. Theorganization has established bylaws and/or a constitution to govern its activities,requires applications to be filled out for membership, and maintains membershiprecords that show the date of application, admission, name and address for eachmember, and serial number of the membership card issued. The organization has been

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