HomeMy WebLinkAbout2006-9-717040
81321; 8/22/2006
ORDINANCE 2006-9-7170
AN ORDINANCE RELATING TO THE PROTECTION OF THE
PUBLIC HEALTH AND WELFARE BY PROHIBITING THE SMOKING OF
TOBACCO PRODUCTS IN BUILDINGS OPEN TO THE PUBLIC
WHEREAS, the City Commission hereby declares it in the interest of
public health and policy to adopt an ordinance prohibiting the smoking of tobacco
products in public buildings.
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) Reliable Scientific Studies, including studies by the Surgeon
General of the United States and studies commissioned and
assessed by the U.S. Environmental Protection Agency, have
shown that breathing sidestream or secondhand smoke is a
significant health hazard to nonsmokers.
NOW, THEREFORE, be it ordained by the City of Paducah as follows:
Section 1. A new section shall be created in Chapter 54,
' Article III of the Paducah Code of Ordinances which shall prohibit the use of tobacco
products in buildings open to the public.
Section 2. Definitions.
A. For the purpose of this article, the following definitions shall apply
unless the context clearly indicates or requires a different meaning.
(1) Building means any structure open to the public that is enclosed
from the weather, whether or not windows or doors are actually
left open. If a person owns, leases, or possesses only a portion of a
building, the term building applies to the ownership, leasehold, or
possessory interest as well.
(2) Common Area means any area where individuals may congregate
such as hallways, lobbies, restrooms, and elevators.
(3) Dwelling means any place used primarily for sleeping overnight
and conducting activities of daily living, including, without
limitation, a hotel or motel room or suite, or a hospital, hospice, or
nursing home room.
(4) Enclosed area means any place that
a) is closed overhead by a roof or other covering of any material,
whether permanent or temporary; and
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in one of the following locations:
(1) In any dwelling, unless the dwelling is also used as a childcare
facility, adult day care center, or meets the definition of a common
area as defined herein.
b) has forty percent (40%) or more of its perimeter closed in by
walls or other coverings of any material, whether permanent or
temporary.
(5)
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.
(6)
Employer 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.
(7)
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.
(8)
Private organization means an establishment which maintains
selective members, is operated by the membership, does not
provide food, drink, entertainment, or lodging for pay to anyone
who is not a member or accompanied by a member and is not
profit oriented.
(9)
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 gale 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.
(10)
Smoke or Smoking shall mean the act of possessing, carrying,
burning, inhaling or exhaling the smoke of any lighted cigarette,
cigar, or pipe, or other combustible tobacco product.
(11)
Tobacco Warehouse means any warehouse building offering
tobacco for purchase at auction and meeting the definition
established in KRS 248.010(4).
Section 3. Prohibition.
10,
A.
No person shall smoke within any building or enclosed area 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, or meets the definition of a common
area as defined herein.
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(2) In a building, room, or hall being used by a person or group for a
purely private social function that is not open to the public nor is
admittance obtained by purchase of a ticket or the making of a
donation; in any room used for psychological treatment of nicotine
addiction by a licensed healthcare professional; or in a physically
separate and independently ventilated room in a hospital, hospice
facility, or nursing home open to all residents as a smoking room
and for no other purpose.
(3) In a retail tobacco store.
(4) A performer as part of a theatrical production so long as adequate
notice is provided to patrons before the performance.
(5) Indoor smoking areas provided in state or federal governmental
office buildings or workplaces pursuant to KRS 61.165.
(6) Facilities not open to the public operated by private organizations.
(7) In a tobacco warehouse.
B. 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.
C. 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 4. Posting Signs.
A. Not less than two (2) 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 area. 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 area.
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 areas, 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.
Section 5. Reasonable Distance.
A. Smoking is prohibited within a reasonable distance from the
������ outside entrance to any building or enclosed area so as to ensure that tobacco smoke does
not enter the building or enclosed area 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 6. Non -Retaliation and Non -Waiver of Rights.
A. No person or employer shall discharge, refuse to hire, or in any
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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.
Section 7. Enforcement.
A. The City Manager's Office shall designate the City departments
responsible for enforcing this Ordinance.
B. Written notice of the provisions of this Ordinance shall be given to
all applicants for a business license within the City of Paducah.
C. Any citizen who desires to register a complaint under this
Ordinance may initiate enforcement with a written complaint to the City Manager.
D. The following departments, or their designees, shall, while
performing otherwise legal inspections inspect for compliance with this Ordinance: Fire
Department, Inspection Department, Public Works Department, and Finance Department.
E. A person in control of a building or enclosed area shall inform
persons violating this Ordinance of the applicable provisions thereof and report non-
compliance to City Manager.
F. No person having control of a building or enclosed area shall fail
to:
(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 including the by
chapter, action required paragraph
E., above.
G. Notwithstanding any other provision of this Ordinance, the City,
or any person aggrieved by a failure to comply with this Ordinance, whether by
commission or omission, including violations on the part of a person in control of a
building or enclosed area covered by this Ordinance may bring legal action to enforce
this Ordinance, either by civil action seeking injunctive relief or by criminal complaint in
a court of competent jurisdiction.
Section 8. 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 area 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
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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 area 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 9. 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 10. The provisions of this ordinance shall be effective April 1,
2007.
C"
Section 11. This ordinance shall be read on two separate days and shall
be published in accordance with KRS Chapter 424.
William F. Paxton, Mayor
ATTEST:
ia"M�� Z��
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners September 12, 2006
Adopted w/Amendments by the Board of Commissioners September 22, 2006
Recorded by Tammara S. Brock, City Clerk September 22, 2006
Published by The Paducah Sun on October 3, 2006
\ord\smoking ban w -amend