Nevada City Council discussing draft smoking ordinance

Editor's Note: The following is the full text of the draft smoking ordinance the Nevada City Council will be discussing during the next couple of council meetings.

08-20-15

BILL NO. ORDINANCE NO.

A GENERAL ORDINANCE OF THE CITY OF NEVADA, MISSOURI, RESTRICTING

POSSESSION OF LIGHTED SMOKING MATERIALS.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEVADA,

MISSOURI THAT:

Section 1. Lighted Smoking materials prohibited. Except as provided in Section 2 of this ordinance, the possession of lighted smoking materials is unlawful in any of the following places used by or open to the public or serving as a place of work:

(1) Anywhere in any building owned or managed by and under control of the city including an area 20 feet beyond the exterior walls of such a building.

In the public parks maintained by the city, within 30 feet of any playground, sandbox area, playing field, park entrance, park building, amphitheater, shelter, picnic area, spectator area, and walking/bicycle trails.

(2) All commercial establishment including, but not limited to, retail stores, banks, office buildings, offices, restaurants, and bars;

(3) Public transportation vehicles including taxicabs and other vehicles for hire;

(4) Restrooms provided for use of the public;

(5) Libraries, educational facilities, day care facilities, museums, auditoriums, including college facilities.

(6) All health care facilities, health clinics, or ambulatory care facilities 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;

(7) Indoor places of entertainment or recreation including, but not limited to gymnasiums, theatres, concert or theatre halls, bingo halls, arenas, and indoor swimming pools and recreational areas for children;

(8) Any other enclosed areas serving as a place of work or used by the public including open office landscaping and shopping malls;

(9) Rooms in which meeting or hearings open to the public are held, except where such rooms are in a private residence;

(10) Within twenty (20) feet of an 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 to a structure;

(11) The seating areas and enclosed spaces of any stadium, outdoor arena or athletic field;

(12) The patio areas of any restaurant, bar or other commercial establishment.

Section 2. Exceptions and Exemptions. This ordinance shall not apply to the following properties and locations:

(1) Membership associations whose governing bodies permit smoking and further meet the following criteria:

a. The association is a private, not for profit organization.

b. An association organized primarily for the benefit of its members;

c. An Association involving members who pay dues;

d. An association managed and operated by a board consisting entirely of its own members;

e. An association is organized primarily as a recreational, fraternal, athletic, military veteran, religious or kindred association; and

f. An association is not primarily engaged in preparing and serving food or alcoholic beverages by the drink.

(2) A room or hall which is used for private social functions, provided that the room or hall has a separate ventilation system or negative pressure vented to the outside and provided that employees of the establishment are not exposed to smoke; and

(3) Patio areas of any restaurant, bar or other commercial establishment designated by the owner or operator of the business as smoking area; provided, that no more than fifty percent (50%) of the patio area shall be designated as a smoking area and no area shall be designated as a smoking area if it must be crossed to obtain access to a non smoking area or a restroom. The proprietor or person having control of an area which is otherwise exempt from the provisions of this article may apply the provisions of this article to such area by positing a "No Smoking" sign or a sign with the international "No Smoking" symbol in the area in accordance with the provisions of Section 11-293; and

(4) A private, enclosed office that has a ventilation system that is not shared with non-smoking offices and that is occupied exclusively by smokers. This exemption does not apply to offices that are visited by members of the public or by non-smoking employees of the business. This exemption shall not be construed to permit smoking in the reception areas of lobbies or offices or in any building owned or managed by the city.

(5) Theatrical performance areas involving performers upon the stage provided that the smoking is part of a theatrical production;

(6) Retail stores which are used primarily to sell tobacco products and accessories and in which the sale of other products is merely incidental;

Section 3. Proprietors -- Definition and Responsibilities: Proprietors are defined as used herein not as the owner but as the person having authority to control activity on the property or the place governed or controlled by this ordinance. Proprietors must exercise the following responsibilities:

(1) The proprietor or the other person having control of a place governed by this article shall prominently post the entrance thereof with "NO SMOKING" or "SMOKING IN DESIGNATED AREAS ONLY" signs, as applicable, in letters no less than one inch in height, and shall prominently post "SMOKING or NO SMOKING" signs, whichever is appropriate, with letters of not less than one inch in height, or the international "NO SMOKING" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a bar across it in every place where smoking is regulated by this article.

(2) Every theatre owner, manager, or operator shall post signs conspicuously in the lobby stating that smoking is prohibited.

(3) Every public portion of grocery stores and food markets is required to have posted "NO SMOKING" signs at specific locations throughout each market as follows: signs must be visible to people entering the market, people at meat and produce counters, and people in tall checkout lanes.

(4) The proprietor or other person having control of a place set out in this article upon observing a person smoking in violation of this article shall request that person stop smoking.

Section 4. Designation Of Smoking and Non-smoking Areas or rooms.

Owners or the Proprietors controlling properties with areas exempt from the provisions of this ordinance may designate non-smoking and smoking portions of areas or rooms.

Section 5. Penalty Provision. Any person violating, neglecting, or refusing to comply with any provision of this article shall be guilty of an infraction punishable by a fine consistent with the general penalty provision of the code of the city of Nevada, Missouri.

PASSED, APPROVED and ADOPTED by the City Council of the City of Nevada, Missouri, this _ day of August, 2015.

CITY OF NEVADA, MISSOURI

(SEAL)

By:

Brian Leonard, Mayor

Attest:

Bev Baker, City Clerk

CERTIFICATION

I, the undersigned Clerk of the City of Nevada, Missouri, hereby certify that the above and foregoing Ordinance is a true and correct copy of the Ordinance adopted by the City Council of the City of Nevada, Missouri, as the same appears of record in my office and that the same has not been amended or repealed as of the ____ day of

August 2015.

(SEAL)

Bev Baker, City Clerk