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HomeMy WebLinkAboutOrdinance 9572..ri' ''1 '_ ..~ ~_ '~ gip, r~,~y~~ ~ - ~• .. ~~1. ~~ .~. ~'~ "" # i~ r:~ ORD I NAN(: E NO . ~¢7~~°~"~../ AN ORDINANCE ADDING CHAPTi'sR 31A, "SMOKING", TO THE CODE OF THE CITY OF FORT WORTH, 'TEXAS (1964)., AS AMENDED, TO BE COMPRISED OF SECTIONS 31A-1 THROUGH 31A-7; REPEALING SECTIONS 34-27 AND 34-28 OF CHAPTER 34, "TAXIS, BUSSES, ETC., FOR HIRE°'; DESIGNATING CERTAIN RETAIL AND SERVICE ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS AS NONSMOKING AREAS; PROVIDING SIGN REQUIREMENTS; PROVID- ING MINIMUM STANDARDS FOR NONSMOKING AREAS; REQUIRING WRITTEN POLICIES IMPLEMEIwTING THIS CHAPTER; PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING EXEMP- TIONS; PROVIDING FOR 7CHE REGULATION OF SMOKING IN DESIGNATED-WORKPLACES; PROVIDING THAT NO STRUCTURAL MODIFICATIONS SHALL BE REQUIRED; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR, PUBLICATION IN PAMPHLET FORM; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the smoking of tobacco or weeds or other plant pro- ducts has been demonstrated to have a detrimental effect on not only the smoker but others in close proximity to the smoker; and WHEREAS, it is the right of citizens to be able to choose for themselves whether to smoke either actively or passively; and WHEREAS, it is the policy of this city to encourage food pro- duct establishments which have enclosed dining areas to provide adequate seating for those pat~.rons who prefer a smoke-free environ- ment; and WHEREAS, it is desireable to authorize employers to designate non-smoking areas in certain workplaces; and WHEREAS, the citizens of iEort Worth have demonstrated a desire to voluntarily comply with city ordinances which protect public health and welfare; and .r .~ ~', ;~~ -~ r WHEREAS, regulations regarding smoking can and should be en- forced by the Department of Public Health only on a complaint basis; and WHEREAS, such enforcement would be effective without substan- tial additional cost to the city; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the City Code of the City of Fort Worth, Texas ( 1964) , as amended, is amended by adding a new Chapter 31A, "SMOKING", to be comprised of Sections 31A-1 through 31A-7, to read as follows: "CHAPTER 31A. SMOKING. Sec. 31A-1. DEFINITIONS: In this chapter: (1) ADMINISTRATIVE AREA means the area of an establish- ment not generally accessible to the public, in- cluding but not limited to individual offices, stockrooms, employee lounges, or meeting rooms. (2) BOS means every motor vehicle designed for carrying more than ten (10) passengers and used for the trans- portation of persons for hire; and every motor vehi- cle, other than a taxicab, designed and used for the transportation of persons for compensation. (3) DIRECTOR means the director of the Department of Public Health or the director's designated represen- tative. (4) EMPLOYEE means any person who is employed by any employer for direct or indirect monetary wages or profit. (5) EMPLOYER means any person who employs the services of an individual person. ~~ -2- r,, ., ~ c Ws. ` a (6) ENCLOSED means closed in by a roof and walls with appropriate openings for ingress and egress, but does not include areas commonly described as public lobbies. (7) FOOD ESTABLISHMENT means any operation defined as such in Section 19-35 of this code. (8) HOSPITAL means any institution that provides medical, surgical, and overnight facilities for patients. (9) MOTION PICTURE THEATER means any theater engaged in the business of exhibiting motion pictures to the public. (~10) PERSON shall include associations, firms, partner- ships and corporations as well as individuals or groups of individuals. (11) RETAIL AND SERVICE ESTABLISHMENT means any establish- ment which sells goods or services to the general public. (12) PUBLIC SERVICE AREA means any area to which the general public routinely has access for municipal services. i.. (13) SNORING means the possession of a burning tobacco, weed or other plant product. (14) WORRPLACE means any enclosed area of a structure, or portion thereof, intended for occupancy by employees who provide primarily clerical, professional, or business services of a business entity, or which provide primarily clerical, professional, or business services to other business entities, or to the public, at that location. SEC. 31A-2. SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS. (a) A person commits an offense if he or she smokes or possesses a burning tobacco, weed or other plant product in any of the following indoor or enclosed areas: (1) an elevator used by the public; (2) a hospital or nursing home corridor providing direct access to patients' rooms; -3- ~..~ i w4 ,~;. _ ' rti N :~ ' (3) any conference room, meeting room, or public service area of any facility owned, operated, or managed by the city; but does not include Meacham Field, the Will Rogers Memorial Complex, and common areas of city-owned theaters, concert halls, or cultural facilities; (4) any retail or service establishment serving the general public, including, but not limited to, any department store, grocery store, or drug store and shall include Meacham Field, the Will Rogers Memorial Complex, and common areas of city-owned theaters, concert halls, or cultural facilities; (5) an area marked with a no smoking sign in accor- dance with Subsection (b) by the owner or person in control of a hospital, nursi__ng home, or retail or service establishment Tserving the general public; or (6) any facility of a public primary or secondary school; or an enclosed theater, movie theater, library, museum, or bus. (b) The owner or person in control of an establishment or area designated in Subsection (a) of this section shall post a conspicuous sign at the main entrance to the estab- lishment or area. The sign shall contain the words "No Smoking, City of Fort Worth Ordinance", the universal symbol for no smoking, or other language that clearly prohibits smoking. (c) Every hospital shall: (1) allow all patients, prior to elective admission, to choose to be in a no smoking patient room; and (2) adopt a policy which requires that employees or visitors obtain express approval from all patients in a patient room prior to smoking. (d) The owner or person in control of an establishment or area described in Subsection (a)(4) or (a)(6) may designate an area, including but not limited to lobbies, meeting rooms, or waiting rooms, as a smoking area; pro- vided that the designated smoking area may not includ e: t~` `A -4- _ ,i , t " ~. x (1) the entire establishment; (2) cashier areas or over the counter sales areas; or (3) the viewing area of any theater or movie theater. (e) It is a defense to prosecution under this section if the person was smoking in a location that was: (1) a designated smoking area of a facility or establishment described in Subsection (a)(4) or (a)(6) of this section which is posted as a smoking area with appropriate signs; (2) an administrative area or office of an estab- lishment described in Subsection (a)(4) or (a)(6) of this section; (3) a retail or service establishment serving the general public with less than 500 square feet of public showroom or service space or having only one employee on duty, unless posted as desig- nated in Subsection (a)(5) of this section; (4) a retail or service establishment which is pri- marily engaged in the sale of tobacco, tobacco products or smoking implements; or (5) a retail or service establishment which is a food establishment regulated by Section 31A-3. SEC. 31A-3. REGULATION OF SMOKING IN FOOD ESTABLISHMENTS. (a) A food establishment which has indoor or enclosed dining areas with seating arrangements for 125 patrons or more shall provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. (b) A food establishment which has indoor or enclosed dining areas with seating arrangements for less than 125 patrons may provide separate indoor or enclosed dining areas for smoking and nonsmoking patrons. (c) A nonsmoking area must: (1) be separated, where feasible, from smoking areas by a minimum of four feet of contiguous floor space; -5- t;, tti ~. (2) be ventilated, where feasible, and situated so that air from the smoking area is not drawn into or across the nonsmoking area; (3) have ash trays or other suitable containers for extinguishing smoking materials at the perimeter of nonsmoking areas; and (4) be clearly designated by appropriate signs visible to patrons within the dining area indi- cating that the area is designated nonsmoking; provided however, that in establishments where all patrons are seated by a host or hostess who advises them that separate smoking and non- smoking areas are available, no such signs shall be required. (d) In food establishments which designate nonsmoking areas pursuant to this section, nondining areas to which , patrons have general access, including, but not limited to, food order areas, food service areas, restrooms, and cashier areas, shall be designated as nonsmoking areas. (e) A person commits an offense if he or she smokes or possesses a burning tobacco, weed, or other plant product in an area of a food establishment designated as a non- smoking area. (f ) If the owner or person in control of a food estab- lishment described in subsection (b) hereof, does not designate a non-smoking area, signs stating, "This Establishment Does Not Provide a Nonsmoking Area", shall be posted at all exterior entrances to said establish- ment. Such signs shall be clearly legible and shall be posted conspicuously so as to be readily observable by a reasonably observant person. It shall be an offense for the owner or person in control of such establishment to fail to post the signs required by this subsection. (g) It shall be a defense to prosecution under this section that the food establishment is: (1) an establishment which has seating arrangements for less than 125 patrons, does not provide separate dining areas for smoking and nonsmoking patrons, and has posted signs as provided in subsection (e); or (2) an establishment which has more than 70 percent of its annual gross sales in alcoholic bever- ages; or -6- ~~ f ~ ., ,, ;. ., ~,, ~' (3) a physically separated bar area of a food pro- ducts establishment. SEC. 31A-4. REGULATION OF SMOKING IN THE WORKPLACE. (a) Notwithstanding the provisions of Sections 31A-2 through 31A-3, any employer may designate any workplace, or portion thereof, as a nonsmoking area. Any employer who chooses to designate any workplace, or portion thereof, as a nonsmoking area shall: (1) have and implement a written policy on smoking which conforms to this Chapter; and (2) make the policy available for inspection by employees and the director or his authorized representatives; and (3) prominently display reasonably sized signs indicating that smoking is prohibited; and (4 ) provide facilities in sufficient numbers and at such locations to be readily accessible, for the extinguishment of smoking materials. (b) It shall be unlawful for any person to violate any of the provisions of an employer's written smoking policy, adopted, implemented, and maintained in accordance with Subsection (a). (1) It shall be a defense to prosecution under this Section that the workplace does not have promi- nently displayed reasonably sized signs indicat- ing that smoking is prohibited. (2) It shall also be a defense to prosecution under- this Section that facilities for the extinguish- ment of smoking materials were not located in said workplace in sufficient numbers and at such locations as to be readily accessible. SEC. 31A-5. RESPONSIBILITY FOR REPORTING VIOLATIONS AND TAKING ACTION. This Chapter does not require the owner, operator, manager or any employee of an establishment to report a violation or to take any action against any individual violating Section 31A-1 through 31A-4 of the Code of the City of Fort Worth, as amend- ed. No such failure by an owner, operator, manager or employee ~,~ -7- (f __ _ J s ~ r ,/' .J t~ ;. to report a violation or to take action against an individual shall constitute a violation of this Chapter. SEC. 31A-6. PENALTIES. (a) Any person violating Section 31A-2(a), upon convic- tion, is punishable by a fine of not less than $25 nor more than $200. (b) Any person violating Section 31A-2(b), 31A-2(c), 31A-3, or 31A-4, upon conviction, is punishable by a fine of not less than $25 nor more than $200; provided, however, in the event a person has previously been convic- ted of a violation of the same Section, such person shall be fined not less than $50 nor more than $500 for a second conviction hereunder, and shall be fined not less than $100 nor more than $1,000 for a third conviction of a violation of the same Section and for each conviction thereafter. (c) Each day that a violation is permitted to exist shall constitute a separate offense. SEC. 31A-7. STRUCTURAL MODIFICATIONS NOT REQUIRED Nothing in this Chapter shall require the owner, operator, manager, or other persons in control of any building, facility, room, establishment, or structure to incur any expense to make structural or other physical modifications to comply with the terms and conditions of this Chapter. The posting of signs or the equipping of any area with facilities for the extinguishment of smoking materials shall not be construed to be structural or other physical modifications. SECTION 2. That Sections 34-27 and 34-28 of Chapter 34, "TAXIS, BUSSES, ETC . FOR HIRE °' of the Code of the City of Fort Worth, as amended, are repealed. SECTION 3. That Chapter 34 of the Code of the City of Fort Worth, as amended, shall remain in full force and effect, save and except as amended by this ordinance. -8- . _ ,, v SECTION 4. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas ( 1 964) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Sections 34-27 and 34-28, as amended, or any other ordinances affecting smoking which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in -9- ~. >. i ~x • a .a , ~ f ~~ r r=:: 1 s t: ~ ~, court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as pro- vided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 8. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1 , 2., 9 and 1 0 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 9. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 9 and 10 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. -10- 4' J ~ • „ N t~ ~ SECTION 10. This ordinance shall be in full force and effect from and after June 1, 19$6, and its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ~'~ ~ 6 ~ g ~ ADOPTED: ~"aZJ~~ EFFECTIVE: -11- t•;~ {