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HomeMy WebLinkAboutCP 178 CIT FO WO , TEXAS 0 a. o COUNCIL PROPOSAL Date File Number Subject ORDINANCE AMENDING CHAPTER 29.5 'SMOKING', 3-11-93 CP-178 Proposed by Councilmembers City Managers Review Chappell, Matson, Silcox Page__Lof 2 PROPOSAL: It is proposed that the City Council adopt the attached ordinance to prohibit smoking in all City buildings except dwellings on City land which is leased to an individual or individuals. DISCUSSION: The United States Surgeon General has reported that smoking is one of the major Health problems of our times and creates a danger to those who are exposed to secondary smoke. Section 29.5 of the Fort Worth City Code contains provisions regulating smoking in buildings owned or operated by the City of Fort Worth. Chapter 29.5 presently permits smoking at the following locations in City buildings: 1. In designated smoking areas at Meacham Airport, the Will Rogers Memorial Complex and common areas of City-owned theatres, concert + halls, cultural facilities, libraries or museums. 2. In designated smoking areas in the workplace which are established in accordance with a policy issued by the City Manager. To protect the health and welfare of its citizens who utilize City buildings, it is proposed that the City council adopt the attached ordinance, which would: 1. Prohibit smoking in all City-owned or City-managed buildings except dwellings on City land which is leased to an individual or indi- viduals, e.g. the Lake Worth properties. 2. Prohibit the designation of smoking areas in City buildings, including all food service areas and workplace areas. 3. Increase the penalty for violations from a fine of not more than $200.00 to a fine of not more than $500.00. LEGALITY: This proposal is within the powers of the City Council and there is no legal impediment to its adoption. FISCAL NOTE: The cost of implementing this proposal is not expected to have any significant financial impact. ^" ® LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL Page 2 of 2 COUNCIL PROPOSAL (Cont'd.) CITY MANAGER'S COMMENTS: The City Manager has no objections to this proposal. Councilman David Chappell Councilman Chuck Silcox District 9 District 3 Councilman Morris Matson District 4 P ROVED CITY COUNIG" L ;SIA? 30 1893 Adopted Qrdinanc G� City socre!ary of tha City a tort Wor .'a-aas CITY OF FORT WORTH ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 29 .5, "SMOKING", OF THE CODE OF THE CITY OF FORT WORTH ( 1986) , AS AMENDED, BY AMENDING SECTION 29 .5-1 TO ADD DEFINITIONS OF "CITY ,BUILDING" AND "DWELLING" ; BY AMENDING SECTION 29 .5-2 TO PROHIBIT SMOKING IN ALL CITY BUILDINGS; BY AMENDING ,SECTION 29.5-3 TO PROHIBIT SMOKING IN ALL FOOD ESTAB- LISHMENTS IN CITY BUILDINGS; BY AMENDING SECTION 29 .5-4 TO PROHIBIT SMOKING IN ALL WORKPLACES IN CITY BUILDINGS; 13Y AMENDING SECTION 29 .5-6 TO PROVIDE THAT CERTAIN VIOLATIONS ARE PUNISHABLE BY A FINE OF NOT MORE THAN $500.00; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA- TIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the surgeon general of the United States has declared that smoking is one of the major public health problems of our time; and WHEREAS, the City of Fort Worth recognizes that increasing evidence indicates that smoke creates a danger to the health of its citizens and that smoking is a cause of annoyance and discom- fort to those who are in confined space where smoke is present; and WHEREAS, in order to protect the health and welfare of its citizens who utilize City buildings, it is necessary to prohibit all smoking in City buildings; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 29 .5, "Smoking" , of the Code of the City of Fort Worth, Texas ( 1986) , as amended, be and is hereby amended as follows: OFFICIAL or CRY SECRETARY FT. WORTH, TEX. 1 . Section 29 . 5-1, "Definitions" , is amended by adding the following new definitions of "City building" and "dwelling" : " 'City building' means any indoor or enclosed area in a structure which is owned or managed by the City of Fort Worth except a dwelling on City-owned land which is leased to an individual or individuals . " 'Dwelling' means a building or portion thereof, designed to provide living facilities, including permanent provisions for living, sleeping, cooking, eating and sanitation. " 2 . Section 29 . 5-2 , "Smoking prohibited in certain public areas " is amended as follows: a. The title of the section is changed to read "Smoking Prohibited in Certain Public Areas and in City Buildings " . b. Subsection (a) is changed to read: " (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) a City building; (4) a retail or service establishment serving the general public, including but not limited to any department store, grocery store, or drug store; (5) an area marked with a no smoking' sign in accordance with Subsec- tion (b) by the owner or person in control of a hospital, nursing home or retail or service establishment serving the general public; or LFT- WORTH, RECORD ♦" -2- SECRETARY TEX. (6) any facility of a public primary or secondary school; or an enclosed theater, movie theater, library, museum or bus. " C . Subsection (d) is changed to read: " (d) The owner or person in control of an establishment or area which is 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; provided that the designated smoking area may not include: ( 1) the entire establishment; (2) cashier areas or other over-the- counter sales areas; (3) the viewing area of a theater or movie theater; or (4) any area in a City building. " d. Subsection (e) is changed to read: " (e) It is a defense to prosecution under this section if the person was smoking in a location that was not in a City building and 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 establishment described in Sub- section ( (a) (4) or (a) (6) of this section; (3) a retail or service establishment serving the general public with less than five hundred (500) square feet of public showroom or service space or having only one ( 1) employee on duty, unless posted as designated in Subsection (a) (5) of this section; OFFICIAL RECORD -3 CITY SECRETARY FT. WORTH, TEX. (4 ) a retail or service establishment which is primarily engaged in the sale of tobacco, tobacco products or smoking implements; or (5) a retail or service establishment which is a food establishment regu- lated by Section 29 .5-3. " 3. Section 29 .5-3, "Regulation of smoking in food establishments" , is amended by adding the following new subsection: " (h) This section does not apply to food establishments located in City buildings. Section 29 .5-2 prohibits smoking in all areas of City buildings, including food establishments. Desig- nated smoking areas are not permitted in City buildings. " 4 . Section 29 .5-4, "Smoking in the workplace" , is amended by adding the following new subsection. " (d) This section does not apply to workplaces located in City buildings. Section 29 .5-2 prohibits smoking in all areas of City buildings, including workplaces . Designated smoking areas are not permitted in City buildings. " 5. Section 29 .5-6, "Penalties" , is amended by changing Subsection (a) to read: " (a) Any person violating Section 29 .5- 2(a) , upon conviction, is punishable by a fine of not more than Five Hundred Dollars ($500.00) . " SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986) , 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 ordi- nances and such Code are hereby repealed. -4- OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. SECTION 3. 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, sen- tence, paragraph or section of this ordinance shall be declared unconstitutional 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 4 . Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined riot more than Five Hundred Dollars ($500 .00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5 . All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the provisions of any other ordinances which have accrued at the time of the effec- tive date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be -s- OFFICK RECORD C" SECRETARY FT. WORM,N, TEX. affected by this ordinance but may be prosecuted until final disposition by the courts . SECTION 6 . The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effec- tive date of this ordinance for two (2) days in the official newspaper of the city of Fort Worth, Texas, as authorized by Section 52 . 013, Texas Local Government Code. SECTION 7. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: OFFICIAL RECORD -6- CITY SECRETARY FT. WORTH, TEX.