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POLICY PROPOSAL
DATEr F E��tY.ANr� R1 SUBJECT Adoption of Ordinance PAGE 1 OF 2
Aeviseb to Regulate Smoking
PROPOSAL PROPOSE BY: TY MANAGE REVIEW
Mayor Pro Tem C Douglas
Bert Williams Harman
Proposal.:
It is proposed that the City Council hold a public hearing and
adopt the attached ordinance at the meeting on February 25 , 1986 .
Background
Many cities have adopted ordinances to regulate the smoking of
tobacco. Texas cities which have such ordinances include Dallas,
Arlington and Austin.
The smoking of tobacco has been demonstrated to have a detrimental
effect on not only the smoker but others in close proximity,
Citizens should have the right to choose for themselves whether
to smoke actively or passively. It is therefore desirable to
require retail establishments , certain public places and food
establishments to provide areas for persons who prefer a smoke-free
environment. It is also desirable to authorize employers to
designate smoke-free areas in the workplace .
In the City of Fort Worth, an ordinance regulating smoking could
be enforced by the Department of Public Health on a complaint
basis and there would be no substantial additional cost to the
City.
On February 11, 1986, the City Council appointed a citizens
committee to review the draft ordinance prepared by the Department
of Law. The citizens committee has suggested the following changes
to the draft ordinance :
1 . The requirement for adoption of a written no-smoking policy
for City-owned buildings, retail and service establishments
has been removed. The committee felt that the ordinance
itself and proper signage will be sufficient and that
a written policy is unnecessary.
LEGALITY
FISCAL NOTE
CITY MANAGER'S COMMENTS t]
POLICY PROPOSAL (cont'd) PAGE-2-OF
2. Only restaurants with seating for 125 patrons or more
will be required to designate separate smoking and non-
smoking areas .
3 . Restaurants with seating for less than 125 patrons will
have the option to designate smoking and non-smoking areas .
If such a restaurant elects not to designate non-smoking
areas , the owner must post a sign which states : "This
establishment does not provide a non-smoking area."
3 . The section concerning the responsibility of an owner,
operator, manager or employee of an establishment to report
a violation or to take action against an individual
violating the ordinance has been re-written. This section
(31A-5) now states that any failure by an owner, operator,
manager or employee to report a violation or to take action
against an individual shall not constitute a violation
of the ordinance.
4 . The City Attorney has also made several minor corrections
and non-substantive changes in the ordinance. These changes
have been discussed with and approved by the committee.
The committee supports the attached ordinance which includes
all of the recommended changes . If adopted, the ordinance would
provide significant protection of the public health, safety and
welfare.
Legality
The City Attorney has reviewed this proposal and there are no
known legal impediments .
Fiscal Note
No additional expenditures for enforcement of the proposed
ordinance are anticipated.
City Manager' s Comments
The City Manager' s staff has no objections to this policy proposal .
Similar ordinances have been implemented in many other jurisdic-
tions without any problem.
APPROVED BY
CITY COUNCIL
f E B 25 1986
Mayor Pro Tem Bert Williams AA� /,�A�e ��6�District 5
City Socr.taw of the
City of lost 31152011;i�
CITY OF FORT WORTH