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ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING ARTICLE III, SMOKING REGULATIONS OF CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS; PROHIBITING SMOKING IN PUBLIC PLACES IN THE CITY; MAKING OTHER FINDINGS AND PROVIDING CERTAIN EXCEPTIONS RELATED TO THE SAME; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas finds that primary and secondary tobacco smoke inhalation is harmful to a person’s health, contributing to several adverse conditions and diseases including: lung cancer and other forms of cancer, cardiac and circulatory diseases, and asthma, that smoking in public places creates a nuisance and a health hazard for those persons gathered in and occupying public places; and
WHEREAS, the City Council also heard testimony from parents of young children and school teachers that were concerned about minor children being exposed to secondhand smoke in some of our local restaurants, bowling alleys and ballparks, and the Council recognized that children do not always have control over where they eat out or where they recreate; and
WHEREAS, in January 2014, the City Council formed a Task Force to study the smoking regulations the City of Paris and to make recommendations to the City Council for changes to the City’s ordinance; and
WHEREAS, the Task Force composed of residents, physicians and business owners in the community worked with the Mayor, council members and city staff over the last two months to revise the City’s smoking regulations to better protect the health, safety and welfare of the citizens of Paris.
WHEREAS, on the first meeting in January a Smoking Task Force was formed with Mayor Hashmi, Council Member Drake and 10 community members, 5 for and 5 in opposition to smoking in public places, to discuss new smoking regulations for places frequented by the public including restaurants, retail stores, city parks, sports arenas and ball fields; and
WHEREAS, the City Council of the City of Paris, Texas, hereby finds and determines that it is necessary to amend the city’s smoking regulations to further restrict smoking in public places to combat the negative effects of tobacco use and second hand smoke and to protect the public health safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS:
Section 1. That Article III of Chapter 17 of the Code of Ordinances of the City of Paris, Texas, be and hereby is amended to read in its entirety as follows:
“ARTICLE III. SMOKING REGULATIONS Sec. 17-46. Definitions: The following words and phrases, whenever used in this Article, shall be construed as defined in this Section:
A. “Arena” or “Sports Arena” means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, ball fields, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
B. “Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. For the purpose of this Article, it shall be presumed that an establishment is a bar if alcohol sales are in excess of 50 percent of the gross receipts of the establishment and the establishment has a valid on-premises consumption license issued by the Texas Alcoholic Beverage Commission.
C. “Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
D. “Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.
E. “Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
F. “Enclosed Area” means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
G. “Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
H. “Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, temporary offices, and vehicles. A private residence is not a “place of employment” unless it is used as a child care, adult day care, or health care facility.
I. “Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on City grounds.
J. “Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
K. “Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to: banks, grocery stores, restaurants, retail stores, theaters, bowling alleys, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, waiting rooms, shopping malls and sports arenas. For the purposes of this Article, a bar, as defined herein, is not considered a “public place.” A private residence is not a “public place” unless it is used as a child care, adult day care, or health care facility.
L. “Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar area within the restaurant.
M. “Service Line” means an indoor or outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
N. “Shopping Mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
O. “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or form.
Sec. 17-51. Application of Article to City-Owned Facilities and Property. Smoking is prohibited inside all City buildings and facilities, and in all areas located within 30 feet of any entrance to the building or facility, operable windows, air intake ducts or ventilation system.
Sec. 17-52. Prohibition of Smoking in Enclosed Public Places. Smoking shall be prohibited in all enclosed public places within the City of Paris, Texas, including but not limited to, the following places:
A. Aquariums, galleries, libraries, and museums.
B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.
C. Bingo facilities.
D. Bowling alleys.
E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
I. Gaming facilities.
J. Health care facilities
K. Hotels and motels.
L. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
M. Polling places.
N. Public transportation vehicles, including buses and taxicabs, under the authority of the City of Paris, Texas and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
P. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
Q. Retail stores.
R. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of Paris, Texas or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of Paris, Texas.
S. Service lines.
T. Shopping malls.
U. Sports arenas, including enclosed places in outdoor arenas.
V. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
Sec. 17-53. Prohibition of Smoking in Enclosed Places of Employment.
A. Except as otherwise provided herein, smoking shall be prohibited in all enclosed areas or places of employment. This includes, but is not limited to: common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
B. This prohibition on smoking shall be communicated by Employers to all existing employees within five days of the effective date of this ordinance and to all prospective employees upon their application for employment.
Sec. 17-55. Prohibition of Smoking in Enclosed Residential Facilities. Smoking shall be prohibited in the following enclosed residential facilities: Nursing homes, assisted living facilities and rehabilitative care facilities.
Sec. 17-56. Prohibition of Smoking in Outdoor Public Places. Smoking shall be prohibited in the following outdoor places:
A. In or upon all city parks, playgrounds, trails, ball fields, swimming pools, tennis courts, basketball courts, sports complexes or other city owned or city-controlled outdoor recreation centers.
B. Within 30 feet of outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
C. In or within 25 feet of any entrance, doorway, operable window, air duct or ventilation system to any City building or facility.
D. In outdoor seating or serving areas of restaurants and within 30 feet of those areas.
E. In all outdoor arenas, stadiums, sports fields and amphitheaters. Smoking shall also be prohibited in and within 25 feet of bleachers, grandstands, restroom facilities and concession stands serving these facilities.
F. On all outdoor playgrounds and within 30 feet of any outdoor playground.
G. In, and within 30 feet of all outdoor public transportation stations, platforms, and shelters under the authority of the City of Paris, Texas.
H. In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers, automatic teller machines, parking lot attendants, and toll takers. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within 30 feet of the point of service.
I. In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities, except in designated smoking areas, not to exceed 25 percent of the total outdoor common area, which must be located at least 30 feet from outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.
Sec. 17-57. Where Smoking Not Regulated.
A. Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article:
1. A tobacco retail shop that is primarily engaged in the sale of tobacco, tobacco products, or smoking accessories; provided that establishment does not allow or employ persons under the age of 18 within the establishment;
2. A bar, nightclub, or sexually oriented business that: (a) does not allow or employ persons under the age of 18 within the establishment; and (b) does not open into a food establishment, hotel, motel, or any other establishment in which smoking is prohibited under this article.
3. Private residences, except when used as a child care, adult day care, group home, or health care facility;
4. Private club as defined in this Article.
B. Smoke from the places listed in Sec.17-57 is prohibited from infiltrating into areas where smoking is prohibited under the provisions of this Article. It shall be an offense under this article for a person to allow such infiltration to occur.
Sec. 17-58. Declaration of Establishment or Outdoor Area as Nonsmoking. Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 17-60 is posted.
Sec. 17-59. Posting of Signs and Removal of Ashtrays. The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Article shall:
A. Clearly and conspicuously post “No Smoking” signs or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place.
B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited. The following wording may be used: “NO SMOKING, CITY ORDINANCE, ARTICLE 3, CHAPTER 17. VIOLATORS FINED UP TO $2,000.”
C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises.
Sec. 17-60. Non-retaliation; Non-waiver of Rights.
A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article.
B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
Sec. 17-70. Enforcement.
A. This Article shall be enforced by the City of Paris Police Department or any authorized designee of the City of Paris.
B. Notice of the provisions of this Article shall be given to all applicants for a business license in the City of Paris, Texas.
C. Any citizen who desires to register a complaint under this Article may contact the City of Paris Police Department.
D. The Building Official, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article.
E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
F. In addition to the remedies provided by the provisions of this Article, the City Manager or his authorized designee, or any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
Sec. 17-71. Violations and Penalties.
A. A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of no less than $50 and no more than $2,000 per violation.
B. Except as otherwise provided in Section 17-70, a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine of no less than $50 and no more than $2,000 per violation.
C. In addition to the fines established by this Section, any person who owns, manages, operates, or otherwise controls a public place or place of employment and who continues to violate this Article following notice or citation from the City of Paris may have their permit to operate or their certificate of occupancy suspended or revoked by the City.
D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the City Manager or his authorized designee by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City of Paris, Texas may take action to recover the costs of the nuisance abatement.
E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation.
Sec. 17-72. Public Notification/Grace Period. Within 48 hours following the City Council’s enactment of this ordinance, the City Manager or his designee shall post a copy of the new smoking regulations on the City’s website and deliver a copy of this ordinance to all local media for notification of the public. There shall be a 30-day grace period following the effective date of this ordinance during which time the City Police Department and/or other city enforcement officials shall issue verbal or written warnings to any person or business that may violate the terms of this ordinance.
Sec. 17-73. Other Applicable Laws. This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
Sec. 17-74. Liberal Construction. This Article shall be liberally construed so as to further its purposes.
Section 2. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 3. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance.
Section 4. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day’s continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense.
Section 5. That it is the intention of the City Council of the City of Paris that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance.
Section 6. That this ordinance shall become effective immediately upon its passage.
PASSED AND ADOPTED this 24th day of March, 2014.
____________________________________ A.J. Hashmi, M.D., Mayor
ATTEST: ____________________________________ Janice Ellis, City Clerk
APPROVED AS TO FORM: ___________________________________ W. Kent McIlyar, City Attorney