HomeMy WebLinkAbout2018-04-8521211034
CITY OF PADUCAH
ORDINANCE NO. 2018-4-8521
AN ORDINANCE AMENDING CHAPTER 54, ARTICLE II "SMOKING IN
PUBLIC PLACES," DIVISION 2, "PUBLIC BUILDINGS" OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY
WHEREAS, the City Commission hereby finds that:
(a) Numerous scientific studies have found that tobacco smoke is a
major contributor to indoor air pollution.
(b) According to the 2014 U.S. Surgeon General's Report, The Health
Consequences of Smoking -50 Years of Progress, secondhand
smoke exposure causes stroke, heart disease, lung cancer, breast
cancer in premenopausal women, and sudden infant death
syndrome in nonsmokers. The report also found that since the 1964
Surgeon General's Report on Smoking and Health, 2.5 million
nonsmokers have died from diseases caused by tobacco smoke.2
(c) A significant amount of secondhand smoke exposure occurs in the
workplace. Employees who work in smoke-filled businesses suffer
a 25-50% higher risk of heart attack and higher rates of death from
cardiovascular disease and cancer, as well as increased acute
respiratory disease and measurable decrease in lung function. 3
Establishing smoke-free workplaces is the only effective way to
ensure that secondhand smoke exposure does not occur in the
workplace, because ventilation and other air cleaning technologies
cannot completely control exposure of nonsmokers to secondhand
smoke.
(d) Electronic cigarettes produce an aerosol or vapor of undetermined
and potentially harmful substances, which may appear similar to
the smoke emitted by traditional tobacco products. Their use in
workplaces and public places where smoking of traditional tobacco
products is prohibited creates concern and confusion and leads to
difficulties in enforcing the smoking prohibitions. The World
Health Organization (WHO) recommends that electronic smoking
devices not be used indoors, especially in smoke-free
environments, in order to minimize the risk to bystanders of
breathing in the aerosol emitted by the devices and to avoid
undermining the enforcement of smoke-free laws.4
(e) During periods of active smoking, peak and average outdoor
tobacco smoke (OTS) levels measured in outdoor cafes and
restaurant and bar patios near smokers rival indoor tobacco smoke
concentrations.5 Nonsmokers who spend six -hour periods in
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outdoor smoking sections of bars and restaurants experience a
significant increase in levels of cotinine when compared to the
cotinine levels in a smoke-free outdoor area. 6 Smoking tobacco is a
form of air pollution, a positive danger to health, and a material
public nuisance.
WHEREAS, as a result of the foregoing the City Commission hereby declares
that it is in the interest of public health, welfare, and policy to amend Chapter 54, Article
II, Division 2 of the Paducah Code of Ordinances to prohibit the smoking of tobacco
products in enclosed public places, places of employment, and certain outdoor places.
NOW, THEREFORE, be it ordained by the City Commission of the City of
Paducah as follows:
Section 1. That the heading for Chapter 54, Article II is amended to read as follows:
ARTICLE II. - SMOKING4N PUBLIC PLACES
Section 2. That the subheading for Chapter 54, Article II, Division 2 is amended to read
as follows:
DIVISION 2. - PUBLIC BUILDING SENCLOSED PUBLIC
PLACES, PLACES OF EMPLOYMENT, AND CERTAIN OUTDOOR PLACES
Section 3. That Section 54-51, "Definitions," is hereby amended to read as follows:
Section 54-51. - Definitions.
A. For the purpose of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
4em the weather-, whether- of net v�zindewsor•7 are aaua4ly
left- epen. if .,per -son owns,lease or possesses only . ,.Ftion of
building, the+o..m building appliesto the &A%er-ship, leasehold,
(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 only incidental
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 establishments
where goods or services are sold; professional corporations
and other entities where legal medical dental en ineeriM
163
and architectural, or other professional services are
delivered; and private clubs.
(2)(I,Common Area means any area where individuals may congregate
such as hallways, lobbies, restrooms, and elevators.
(4) Dwelling means any place used primarily for sleeping overnight
and conducting activities of daily living; nel,,, ing, .<,;+1 out.
limitation, a hotel or- motel -room or suite, or- a hospital, hespiee, vt
rg home room This does not include a hotel or motel room
or suite. or a hosbital, hosbicse. assisted living facilitv or nursina
home.
(3)(5) Electronic smoking device means any product containing or
delivering nicotine or anv other substance intended for human
consumption that can be used by a person in any manner for the
purpose of inhaling vapor or aerosol from the product. The term
includes any such device, whether manufactured, distributed,
marketed, or sold as an e -cigarette, e -cigar, e -pipe, e -hookah, or
vape pen, or under any other product name or descriptor.
Enelese,4 area means any place th is elesed ever -head by a roof or-
and(40,14e) or- more of its per-ime4er- elesed in by
walls or- eth—oof aff materia4,.
hether- permanent eT
(4)(6)__Employee means a person who is employed by an employer in
consideration for direct or indirect monetary wages or profit, and a
person who volunteers his or her services for a non-profit entity.
(5)L2LEmployer means a person, business, partnership, association,
unincorporated association, limited liability company, corporation,
including a municipal corporation, trust, or non-profit entity, that
employs the services of one or more individual persons.
(8) Enclosed public place means anyplace that:
a) is closed overhead by a roof or other covering of any
material, whether permanent or temporary
b) has fogy percent 40%) or more of its perimeter closed
in by walls or other coverings of any material, whether
permanent or temporary, but not a screened in gazebo;
and
c) the public is invited or in which the public is permitted,
including but not limited to, banks, bars, educational
facilities, gambling facilities, health care facilities, adult
day cares, assisted living facilities, hotels and motels,
laundromats, public transportation vehicles and
facilities, reception areas, restaurants, retail food
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production and marketing establishments, retail service
establishments, retail stores, shopping malls, sports
arenas, theaters, and waiting rooms. A private residence
is not a "public place'' unless it is used as a child care,
adult day care, assisted living facility or health care
facility.
(�-}(9) Hookah means a water pipe and any associated products
and devices which are used to produce fumes, smoke,
and/or vapor from the heating or burning of material
including, but not limited to, tobacco, shisha, or other plant
matter.
1( OL_Person shall include the owner, lessee, principal manager, or any
individual or corporation, limited liability company, business,
partnership, association, unincorporated association, municipal
corporation, trust, or any non-profit entity having control of a
building, as the term building is defined herein, or the agent or
employee of any such owner, lessee, principal manager, individual
or corporation.
(x}(11) Place ofEmployment means an enclosed area (as defined in
Section 2 A. (8) (a) and (b) above) under the control of a public or
private employer, including, but not limited to, work areas private
offices, employee lounges, restrooms, conference rooms meeting
rooms, classrooms, employee cafeterias, hallways common area
construction sites, and temporary offices., and ye i nl es. Arip vate
residence is not a "place of employment" unless it is used as a
child care, adult day care, assisted living facility or health care
facility.
(12) PZay&ound means any park or recreational area designed inap rt to
be used by children that has play or sports equipment installed or
that has been designated or landscaped for play or sports activities
or any similar facility located on publically orrivately�se l
owned grounds or on. municipally owned
grounds. &Amed b the, 't D a t, f
LID- -Private organization or club means an establishment h
maintains seleetiye members, � ,1 b the b l ' .1
aaaw.+La�,sllly vvlvvu♦v iLiv111V VI U, 1J V�/VILLLVII ,
drink,not provide food,
or- !edging fef: pay4e
7
anyone who of n m e 1 b member- ,7
anyone vv11V 1J 1VL K llll.l
is
net profit o6e to.l whether incorporated or not, which is the
owner, lessee or occupant of a building or portion thereof
used exclusively for organization purposes at all times
which is operated solely for a recreational fraternal social
patriotic political benevolent or athletic purpose but not
165
for pecuniary gain, and which only sells alcoholic beverages
incidental to its operation. The affairs and.management of
the organization are conducted by a board of directors,
executive committee, or similar body chosen by the
members at an annual meeting. The organization has
established bylaws and/or a constitution to govern its
activities. The organization has been granted an exemption
from the payment of federal income tax as a club under 26
U.S.C. Section 501.
(14) Restaurant means an eating establishment, including but not
limited to, coffee shops, cafeterias, sandwich stands, and private
and public school cafeterias, which gives or offers for sale food to
the public, guests, or employees, as well as kitchens and catering
facilities in which food is prepared on the premises for serving
elsewhere. The term "restaurant" shall include a bar area within the
re,St.q lr,gnt_
(-&) 15 Retail Tobacco Store means a retail store devoted primarily to the
sale of any tobacco product, including, but not limited to,
cigarettes, cigars, pipe tobacco and chewing tobacco, and
accessories in which the sale of other products is merely incidental.
The sale of such other products shall be considered incidental if
such sales generate less than one-third of the total annual gross
sales_
{-�t 61Smoke or Smoking shall mean the act of possessing, carrying,
burning, inhaling or exhaling the smoke of any lighted ^ -e4e
cigar-, or- pipe, or ther- eembustible tobaeee tet. any lighted
or heated cigarette, cigar, or pipe, or any other lighted or heated
tobacco or plant product intended for inhalation, including hookahs
and marijuana, whether natural or synthetic, in any manner or in
any form. Smoking also includes the use of an electronic smoking
device which creates an aerosol or vapor, in any manner or in any
form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Article.
(17) Sports Arena means a place open to the public where people
assemble to engage in Dhvsical exercise, participate in athletic
competition, or witness sports or other events, including sports
pavilions, athletic fields, stadiums, gymnasiums, health spas,
boxing arenas, swimming pools, roller and ice rinks, tennis courts,
pickleball courts, bocce ball courts, and bowling alleys.
T. Z, ee Warehouse means any warehouse building ((w� ofes ,-;,
'�'obaeco for- pule ase at .],/,x'1e and
n l,' ee4i g the deft ifie11
established i KRS 248 010(4)
ITO:
Section 4. That Section 54-52, "Prohibition," is hereby amended to read as follows:
Section 54-52. - Prohibition in Enclosed Public Places and Places
of Employment.
A. No person shall smoke within any building or enclosed are
public place except_in one of the following locations:
(1) In any dwelling, unless the dwelling is also used as a
childcare facility, adult day care center, assisted livingfacility,
hotel/motel guest room, or moots the definition of n eeFmnon area as
defined he fe ,,. health care facility.
(2) In a private vehicle. in a building room, eF hall being , o l
by n K per -sen „ for- n roles, p n+o n nl l;„nefie,.. that ; o
L, y
open to the p b,l;n „ adm;++nr.ee obtained .i b, 11 of n
Vrvll LV L11V 11WV11V LLVl lU Wl.Lllll LLKL1VV VVLKLLIVU l.T�
ticket or the making
of .lenat,.,r., . used f
psyehologie.,l +von+meat of nicotine nddietie b y n licence l
1./J�' V11V 1V �1V Wl LZ \+
llli professional; separate
independently � ,-.+,late r n hospital, 1,l.�.piee fae lit-
LLL�a.v1JVLLKV11L1,' Y�V11111KLVu 1VV111 111 , ,
home open to all r cider.+ as a sr-oommoking ,l for- no
11 LirJlll
other -
(3) In a retail tobacco store.
(4) A pel=f6fiiier- as paFt of cn�tcxheatr-iea4 r-odue ien so long as
adequate ,notice ; provided to ,tentfo before the p f
W�.aV�WW�.v notice 1U 1J1V viILVK LV �/WLl V11J VV
B. (4) {5} deo ek4ngSmokina areas provided in state or federal
governmental office buildings or workplaces pursuant to KRS 61.165.
(5) In all enclosed places owned and occupied by private
organizations or clubs.Fnnilities not open o the „,.bilie operated vy
B. Smoking shall be prohibited in all places of employment except as
otherwise expressly provided in Section 54.52 A above.
C. Smoking shall be prohibited in all private and semiprivate rooms in
all health care facilities, nursing homes assisted living facilities and hotel and motel
guest rooms.
D. Nothing in this chapter shall prevent a person in control of any
place whatsoever from prohibiting smoking completely in such place, and no person
shall fail to abide by such a private prohibition.
E. Nothing in this chapter shall authorize smoking in any place where
it is otherwise prohibited by statute, ordinance, regulation, or by order of the Fire
Marshall.
Section 5. That Section 54-52.1, "Prohibition in Certain Outdoor Places" is hereby
added to this Article and shall read as follows:
167
Section 54-52.1. — Prohibition in Certain Outdoor Places.
Smoking shall be prohibited in the following outdoor1p aces:
A. In all municipally -owned and all public or private
school -owned outdoor sports arenas and
amphitheaters.
B. In all public or private owned outdoor playgrounds,
shelters, swimming pools, and spM-grounds.
a: C. In all municipally -owned outdoor public parks,
playgrounds, trails, shelters, swimming_ pools, and
spW-grounds, except outdoors at Paxton Park Golf
Course.
Section 6. That Section 54-53, "Posting Signs," is hereby amended to read as follows:
Section 54-53. - Posting Signs.
A Not loss than tw) �"No Smoking Signs" or the international "No
Smoking Symbol" consisting of a pictorial representation of a burning cigarette enclosed
in a red circle with a red bar across it shall be clearly and conspicuously posted in every
building and enclosed areapRblic place. The party responsible for the placement of the
signage is the owner, employer, operator, lessee, manager, or other person in control of
the building or enclosed areapRblic place.
B. Nothing in this chapter shall authorize the removal of no -smoking
signs required by other statute, regulation, or ordinance.
C. All ashtrays or ash containers shall be removed from buildings and
enclosed ar€aspublic places, except for ashtrays for sale and not for use on the premises.
Any permanent structure that previously functioned or was used as an ashtray shall be
disabled or altered to prevent its use as an ashtray.
D. One sign stating that smokina is prohibited shall be hosted on
every City -owned vehicle.
Section 7. That Section 54-54, "Reasonable Distance," is hereby amended to read as
follows:
Section 54-54. — Reasonable Distance.
A. Smoking is prohibited within a reasonable distance from the
outside entrance to any building or enclosed -public place so as to ensure that tobacco
— I smoke does not enter the building or enclosed public place through entrances,
windows, ventilation systems, or other means. Unless directed otherwise by the City
Manager, the distance of fifteen (15) feet shall be deemed reasonable.
Section 8. That Section 54-55, "Non -retaliation and Non -waiver," is hereby amended to
read as follows:
168
Section 54-53. - Non -Retaliation and Non -Waiver of Rights.
A. No person or employer shall discharge, refuse to hire, or in any
manner retaliate against an employee, applicant for employment or customer because that
employee, applicant for employment or customer exercises any rights afforded by this
Ordinance or reports or attempts to prosecute a violation of this ordinance.
B. An employee who works in a setting where an employer allows
smoking does not waive or otherwise surrender any legal rights the employee maw
against the employer or any other party.
Section 9. That Section 54-56, "Enforcement," is hereby amended to read as follows:
Section 54-56 - Enforcement.
A. It is the legislative intent that Tthis smoke-free ordinance will
be enforced primarily by the Citizens of Paducah themselves. It is expected that the
first step will be that an offended person will ask people to follow the law and stop
smoking or using electronic smoking devices in violation of this ordinance.
A -.B. The City Manager's Office shall -may designate the City
depa . menu staff responsible for enforcing this Ordinance.
C. Written notice of the provisions of this Ordinance shall be given to
all applicants for a business license within the City of Paducah.
B -Q. Any citizen who desires to register a complaint under this
Ordinance may initiate enforcement with a written complaint to the City Manager.
QE. The following departments, or their designees, sha44may, while
performing otherwise legal inspections, inspect for compliance with this Ordinance: Fire
Department —Fire Prevention Division, , Parks and Recreation
Department,-Publie WorksDepaftman*,�ee Depart and Police Department.
D:F. A person in control of a building or enclosed tea -public place
shall inform persons violating this Ordinance of the applicable provisions thereof and
report non-compliance to City Manager.
shall fail to:
&G. No person having control of a building or enclosed ublic place
(1) Immediately ask smokers to refrain from smoking in any no
smoking area;
(2) Use any other legal means which may be appropriate to further the
intent of this chapter, including the action required by paragraph
F -E., above.
F Not„ .4thstand ranyother-pr-sion of - this ,Ordinanee, City,
Section 10. That Section 54-57, "Violations and Penalties," is hereby amended to read
i.,
1�IIpYlq�yli
Section 10. That Section 54-57, "Violations and Penalties," is hereby amended to read
i.,
as follows:
Section 54-57 - Violations and Penalties.
A. A person who smokes in an area where smoking is prohibited by
the provisions of this Ordinance shall be guilty of a violation of the same, which violation
shall be punishable by a fine not exceeding fifty dollars ($50.00).
B. A person in control of a building or enclosed afea-public place who
fails to comply with the provisions of this Ordinance shall be guilty of a violation
punishable by:
(1)
A fine not exceeding fifty dollars ($50.00) for a first violation
within a twelve month period.
(2)
A fine not exceeding one -hundred dollars ($100.00) for a second
violation within a twelve month period.
(3)
A fine not exceeding two hundred fifty dollars ($250.00) for each
additional violation within a twelve month period.
C.
Persons who smoke in an area where smoking is prohibited by this
Ordinance and who refuse to extinguish their smoking material when asked, may be
required to leave the premises, and shall be subject to prosecution for trespass if they do
not leave when asked.
D.
In addition to the fines established by this Section, violation of
this Ordinance by a person who controls a building or enclosed tea -public place more
than three (3) times in any twelve-month period may result in the suspension or
revocation of any permit or business license issued by the City to the person for the
premises on which the violation occurred.
E. Violation of this Ordinance is declared to be a public nuisance
which may be abated by the City or its designated agents by restraining order,
preliminary and permanent injunction or other means provided for by law. The City may
recover the reasonable costs of any court enforcement action seeking abatement of this
nuisance.
F. Each calendar day on which a violation of this Ordinance occurs
shall be considered a separate and distinct offense.
Section 11. That Section 54-58, "Public Education" is hereby added to this Article and
shall read as follows:
Section 54-58. - Public Education
The McCracken CountyAgency for Substance Abuse Polia (ASAP),
or other such organizations organized and operated for the education and prevention
of substance abuse in regard to tobacco, alcohol and other drugs shall engage in a
continuing program to explain and clarify the purposes and requirements of this
Article to citizens affected by it, and to guide owners, operators, and managers in
their compliance with it.
170
Section 12. Severability.
If any section or portion of this ordinance is for any reason held to be
invalid or unconstitutional by a decision of a court of competent jurisdiction, that section
or portion shall be deemed severable and shall not affect the validity of the remaining
sections of the ordinance.
Section 13. Effective Date.
This Article shall be effective 30 days from the date of its adoption and
publication.
Section 14. This ordinance shall be read on two separate days and shall be published in
accordance with KRS Chapter 424.
Brandi Harless, ayor
ATTEST:
Tammara Sanderson, City Clerk
Introduced by the Board of Commissioners, March 27, 2018
Adopted by the Board of Commissioners April 10, 2018
Recorded by Tammara S. Sanderson, City Clerk April 10, 2018
Published by The Paducah Sun on April 13, 2018
\ord\54-smoking ban FINAL VERSION
171
REFERENCES
1.National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco
smoke: the report of the California Environmental Protection Agency. Smoking and
Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National
Cancer Institute (NCI), August 1999.
2.U.S. Department of Health and Human Services. How Tobacco Smoke Causes
Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease: A Report
of the Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services,
Centers for Disease Control and Prevention, National Center for Chronic Disease
Prevention and Health Promotion, Office on Smoking and Health, 2010.
3.Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.;
Stefanadis, C.; Toutouzas, P., "Association between exposure to environmental tobacco
smoke and the development of acute coronary syndromes: the CARDIO2000 case -
control study," Tobacco Control 11(3): 220-225, September 2002.
4 World Health Organization (WHO), 'Electronic nicotine delivery systems," World
Health Organization (WHO), 2014.
5.Klepeis, N.; Ott, W.R.; Switzer, P., "Real-time measurement of outdoor tobacco
smoke particles," Journal of the Air & Waste Management Association 57: 522-534,
2007.
6.Hall, J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H.; Naeher, L.P.,
"Assessment of exposure to secondhand smoke at outdoor bars and family restaurants in
Athens, Georgia, using salivary cotinine," Journal of Occupational and Environmental
Hygiene 6(11): 698-704, November 2009.
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