HomeMy WebLinkAboutOrd 436-2009 Adopting Smoking Regulations in Public Areas.pdfCITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART 11 ARTICLE 33, HEALTH AND
SANITATION, BY ADDING SECTION 1, SMOKING, INCLUDING REGULATIONS
RELATED TO SMOKING IN PUBLIC AREAS; PROVIDING FOR A PENALTY FOR
ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2000; PROVIDING FOR
SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas ("the City") desires to protect the health safety
and welfare of citizens by creating a smoke free environment for certain public areas in
the City; and
WHEREAS, it is a generally accepted principle that the use of cigarettes and other
tobacco products, and exposure to second-hand smoke constitute a hazard to a
person's health; and
• # • • • • • • # « « t' • «571# # • • • ' i
WHEREAS, the City of Anna, Texas City Council ("City Council") has conducted
public hearings on January 27, 2009, February 10, 2009 and February 24, 2009 at
which the public was invited to express their views on proposed smoking regulations;
and
WHEREAS, the City Council has investigated and determined that it would be
advantageous and beneficial to the City and its citizens to amend Part 11, Article 33,
Health and Sanitation, by adding Section 1, Smoking, to The Anna City Code of
Ordinances ("Anna Code");
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendments.
2.01 Amendment to Part 11, Article 33, Health and Sanitation
In accordance with Part 11, Article 1, Section 9 of the Anna Code, the following
amendments are made to Anna Code Part 11, Article 33, Health and Sanitation.
Ord 436 -2009 Adding smoking Regulations 1 03-24-09
Article 33 Health and Sanitation
See Prope4y Ad-eh#e-aan Cede-, A##W9 &, Sedien 1
Section 1. Smoking
1.01 Places where smoking is prohibited.
(a) within all buildings that are owned, leased, controlled or operated by
the City of Anna ("City") or any political subdivision of the state;
(b) on any lot or tract owned by the City or any political subdivision of the
state, and on which there is a building described in subsection 1.01 (a)
or on which there is any improvement that is used in connection with a
building described in Section 1.01 (a), including but not limited to
porches, balconies, stairs, and parking lots;
(c) on public rights -of -way that have been temporarily closed for public
events including parades, festivals, and other pedestrian oriented
activities;
(d) on public rights -of -way and public sidewalks within 15 feet of any door,
operable windowtvent or other opening to an indoor enclosed area;
(e) within any building, portion of a building, or on any property, where the
owner or manager has conspicuously posted a sign clearly stating "No
Smoking" at each entrance (such "No Smoking" signs shall have bold
lettering of not less than one inch in height and the international "No
Smoking" symbol may also be used, consisting of a pictorial
representation of a burning cigarette enclosed in a red circle with a red
bar across it);
in all public parks and public recreation areas that are owned or
operated by the City or any political subdivision of the state, including
but not limited to recreation fields, athletic fields and stadiums, stadium
seating and bleachers, trails, pools, pavilions, playground and
recreation equipment, concession stands, parking lots and restrooms;
(g) in or within 15 feet of swimming pools, playground equipment, and
similar outdoor recreation facilities that are owned or operated by a
home owners association, or are operated as part of a multiple -unit
residential facility;
(h) waiting rooms, hallways, wards, private and semiprivate rooms of
physical and mental health facilities, including but not limited to
hospitals,physical therapy
clinics, physLca_ _rapy facilities, doctors' offices, and
Ord 436 -2009 Adding Smoking Regulations 2 03-24-09
dentists' offices;
(i) lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and
other multiple -unit residential facilities;
buses, bus terminals, taxicabs, and other facilities and means of public
transit, as well as ticket, boarding, and wafting areas of public transit
depots;
(k) elevators;
(m) within 15 feet of any door, operable window/vent or other opening to an
indoor enclosed area where smoking is prohibited under this section.
1.02 Places where smoking is not prohibited.
Notwithstanding any other provision of this article to the contrary, the following
areas shall not be subject to the smoking restrictions of this article:
(a) private residences, including porch and yard areas;
(c) public rights -of -way and public sidewalks located within public rights -of -
way, except as prohibited in Sections 1.01(c) and (d).
Section 1.03 Enforcement.
(a) Enforcement of this article shall be implemented by issuance of a citation or,
at the City's option, by civil action to the extent that a violation constitutes a
nuisance. These enforcement measures and remedies shall be cumulative.
(b) Except for locations described in Section 1.01 (e) where the prohibition of
smoking is voluntary, it is the duty of the owner, manager, operator or
person -in -charge of any establishment regulated by this article:
(1) to not provide ashtrays, matches, lighters or other smoking related
paraphernalia in a regulated premise;
(2) to advise a person who violates this article that smoking is not allowed;
and
(3) to request a person remove themselves from the location after that
person has been advised that smoking is not allowed and that person
- willfully continues to smoke and, if said person fails to leave a regulated
Ord 436 -2009 Adding Smoking Regulations 3 03-24-09
premises, to immediately notify an appropriate law enforcement
authority.
Section 1.04 Offenses and Penalties.
(a) It shall be unlawful for any person to smoke in any area where smoking is
prohibited by the provisions of this article.
(b) It shall be unlawful for any person who owns, manages, operates or
otherwise controls the use of any premises subject to regulation under this
article to fail to comply with this section and subsection 1.03(b) of this article
(c) Any person who violates any provision of this article shall be guilty of a
misdemeanor infraction, punishable by a fine not to exceed $2,000.
(d) Every act in violation shall constitute a separate offense.
(e) Unless otherwise specifically set forth herein allegation and evidence of
culpable mental state are not required for the proof of an offense of this
article.
Sections 2-10. Reserved.
Section 3. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
section, subsection, sentence, clause, and phrase be declared unconstitutional or
invalid.
This ordinance shall be in full force and effective from and after March 24, 2009 and
upon the posting and/or publication, if required by law, of its caption and the City
Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, and this 24th day of March,
2009.
ATTESTED:
An"t—ff.. I , ZZA4A
i Secretary, Natha Wilkison
Ord 436 -2009 Adding Smoking Regulations
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r, Kenneth Pelham
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