On Tuesday, January 20th, the Clinton City Council will have the second reading of a proposed Smoking Ordinance. For a city ordinance to be put into place two readings and two separate votes are required. The first reading of the ordinance took place on January 6 and the ordinance was approved 7 – 1, the second reading and vote will be Tuesday. If you’re interested in seeing how City Government works I’d encourage you to attend the Council meeting at City Hall beginning at 6:00 pm. If you’re in favor of the ordinance, please wear blue to show your support.
Below is a copy of the ordinance as proposed. Please take a moment to read the ordinance to educate yourself on what it says and what it means.
Bill No. 2015-01
ORDINANCE NO. ______
AN ORDINANCE APPROVING AND ADOPTING A POLICY PROHIBITING SMOKING AND THE USE OF ELECTRONIC CIGARETTES (ECIGARETTES) IN PUBLIC PLACES.
Whereas, the 2006 U.S. Surgeon General’s Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke; the 2010 U.S. Surgeon General’s Report, How Tobacco Smoke Causes Disease; and The Public Health Service’s National Toxicology Program all emphasize the negative effects of smoking, whether primarily inhaled or inhaled as second-hand smoke; and
Whereas, the American Society of Heating, Refrigeration and Air Conditioning Engineers, in basing its ventilation standards on totally smoke-free environments, states that there is NO air filtration or other ventilation technology that can completely eliminate all the carcinogenic components in second-hand smoke; and
Whereas, the Food and Drug Administration, after testing the unregulated high-tech smoking devices, commonly referred to as electronic cigarettes, or ecigarettes, which closely resemble and mimic the act of smoking, found not only nicotine but also detectable levels of known carcinogens and toxic chemicals in the ecigarettes, and the vapor is of potentially harmful substances.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CLINTON, MISSOURI, AS FOLLOWS:
CHAPTER 25, ARTICLE V. SMOKING AND THE USE OF ELECTRONIC CIGARETTES IN PUBLIC PLACES.
Section 25-91. Restrictions. Except as provided in this Article, smoking and the use of ecigarettes, is unlawful in any of the following places used by or open to the public or serving as a place of work:
- Any commercial establishment including, but not limited to, retail stores, banks, office buildings, offices, restaurants, bars and hookah lounges (or establishments of a like nature);
- Any public transportation vehicle, including, but not limited to, buses, limousines for hire, and taxicabs;
- Libraries, educational facilities, day care facilities (child or adult), museums, auditoriums, churches, and art galleries;
- Any indoor public area of a health care facility, health clinic, or ambulatory care facility including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, rest homes, nursing homes, long-term care facilities, and offices of health professionals;
- Any indoor place of entertainment or recreation including, but not limited to, bowling alleys, theaters, gymnasiums, concert halls, bingo halls, arenas and swimming pools;
- All public areas and waiting rooms of public transportation facilities including, but not limited to bus and airport facilities;
- Any other enclosed areas serving as a place of work or used by the public including open office landscaping and shopping malls;
- Rooms in which meetings or hearings open to the public are held, except where such rooms are in a private residence;
- All property owned or managed by the City of Clinton. This subsection shall not apply to any person in a motor vehicle, not owned or controlled by the City of Clinton;
- Within twenty (20) feet outside, horizontally measured, of any entrance to any structure in which smoking is prohibited or limited by this Article. This subsection shall not apply to any person in a motor vehicle or to any person merely passing by an entrance used for public access to a structure;
- The seating area and enclosed spaces of any stadium, outdoor arena or athletic field;
- Until January 1, 2016, eighty percent (80%) of hotel and motel sleeping rooms, which shall be contiguous and all on one floor and which shall have no infiltration of smoke to other rooms anywhere within the premises. From initial effective date until January 1, 2016 all non-smoking rooms shall have signage outside the room saying the room is non-smoking. Beginning January 1, 2016 all rooms in a commercial building used as a hotel or motel;
- All vehicles owned or controlled by the City of Clinton; and
- Any private club, whether organized for fraternal, social, beneficent or other purposes;
- The entire facility, inside and outside, if the proprietor or person in control declares the property to be non-smoking;
- Any industrial facility or enterprise, whether engaged in the manufacture, remanufacture, modification, or adjustment of any product, whether edible or inedible.
Section 25-92. Exemptions. Except as otherwise provided in this Section the restrictions of this Section shall not apply to:
- A designated “patio area” of any bar, restaurant or other commercial establishment, if such “patio area” has no more than three (3) walls, or has no overhead cover and such designated “patio area” shall be open to outside air and no closer than twenty (20) feet, measured horizontally, from any entrance to the establishment;
- Areas of public parks, stadiums, arenas and other like structures that have been designated as a “smoking area”, each and all of which shall be no closer than fifty (50) feet measured horizontally from the area normally and usually used for seating or eating for the general public.
- Private residences, unless a portion of the residence is used for business purposes.
Section 25-93. Responsibility of Proprietors.
- The proprietor or other person having control of a place governed by this Article shall prominently post the entrance thereof with “NO SMOKING” signs, as applicable, in letters no less than one (1) inch in height in every place where the smoking or the use of ecigarettes is regulated by this Article;
- The proprietor or other person having control of a place governed by this Article shall cause all ashtrays to be removed from the premises;
- The proprietor or other person having control of a place governed by this Article upon observing a person smoking or using ecigarettes shall immediately request that person cease that action;
- If that person smoking or using ecigarettes fails to immediately comply with the request, the proprietor or other person in control shall refuse service to the user and request them to leave the premises;
- If that person smoking or using ecigarettes fails to peaceably leave the premises, the proprietor or other person having control shall request assistance from the police force of the City of Clinton.
Section 25-94. Penalty. The penalty will be in accordance with City of Clinton Code Section 1-12 – General Penalty.
Section 25-95. Notice. The City of Clinton shall give a notice of the provisions of this ordinance to all applicants for a business license in the City of Clinton, Missouri, both initially and at each renewal thereafter. Additionally, all city employees shall inspect for compliance while undergoing otherwise mandated inspections.
Section 25-96. Complaint. Any person who desires to register a complaint under this ordinance may initiate enforcement with the police department.
Section 25-97. Definitions. Smoking is defined as the inhaling, exhaling, burning or carrying of any lighted cigarette, cigar, pipe, plant material or combustible substance in any manner or in any form; including the use of an electronic cigarette or similar devise for the inhalation of smoke, gas or vapor. An electronic cigarette or ecigarette is a device used to simulate the experience of smoking by generating an airborne emission such as smoke, gas or vapor.
All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall become effective March 1, 2015.
Read for a second time and approved this ________ day of ________________________, 2015.