[1]
Editor's Note — Ord. no. 1261 §1, adopted May 21, 2008, repealed art. III "smoking regulations" containing sections 225.110 — 225.150 and enacted new provisions set out herein. Former sections 225.110 — 225.150 derived from CC 2000 §§8-801 — 8-805; ord. no. 913 §1, 6-14-95. This newly enacted Article is enforceable September 1, 2008.
[Ord. No. 1261 §1, 5-21-2008]
The purpose of this Article is promote public health by decreasing
citizens' exposure to secondhand smoke and create smoke-free environments
for workers and citizens through regulation in the work place and
public places.
[Ord. No. 1261 §1, 5-21-2008]
For the purposes of this Article, the following words shall
have the meanings respectively ascribed to them by this Section.
Any person who performs services for an employer, with or
without compensation.
A person, partnership, association, corporation, trust or
other organized group of individuals, including the City or any agency
thereof, which utilizes the services of one (1) or more employees.
A space bound by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors including, but
not limited to, offices, rooms, all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and halls.
Indoor areas without permanent walls or walls that are not
floor to ceiling; open space such as waiting areas and atriums; cubicles
and/or open desk seating areas.
Any enclosed area under the control of public or private
employer which employees normally frequent during the course of employment
including, but not limited to, work areas, employee lounges and restrooms,
conference and classrooms, employee cafeterias, hotel or motel sleeping
rooms, private rooms in nursing homes, private meetings/conference
rooms and halls not open to the general public while being used for
private functions or located within private clubs and hallways. A
private residence is not a "place of employment" unless it is used
as a childcare, adult day care or health care facility.
Any enclosed area to which the public is invited or in which
the public is permitted including, but not limited to, banks, educational
facilities, health facilities, laundromats, public transportation
facilities, reception areas, production and marketing establishments,
retail service establishments, retail stores, theaters and waiting
rooms. A private residence is not a "public place".
Any indoor line at which one (1) or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
The use of any device that delivers nicotine or other substances
to the person inhaling from the device, including but not limited
to any electronic cigarette, vaporizer, cigar, pipe, or hookah, including
any component, part, or accessory of such a device, whether or not
sold separately.
[Ord. No. 1438 §1, 6-15-2016]
Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
places where members of the general public assemble either to engage
in physical exercise, participate in athletic competition or witness
sports events.
[Ord. No. 1261 §1, 5-21-2008; Ord. No. 1438 §2, 6-15-2016]
A.
Smoking
shall be prohibited in all enclosed places of employment within the
City.
B.
It
shall be the responsibility of employers to provide a smoke-free work
place for all employees.
C.
Each
employer having any enclosed place of employment located within the
City shall adopt, implement, make known and maintain a written smoking
policy which shall contain the following requirements:
1.
Smoking, including the use of e-cigarettes, shall be prohibited in
all enclosed facilities within a place of employment without exception.
This includes common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities,
cafeterias, employee lounges, stairs, restrooms and all other enclosed
facilities.
D.
The
smoking policy shall be communicated to all employees within four
(4) weeks of the adoption of this Article.
E.
All
employers shall supply a written copy of the smoking policy upon request
to any existing or prospective employee.
[Ord. No. 1261 §1, 5-21-2008]
A.
Smoking
shall be prohibited in all enclosed public places within the City
including, but not limited to, the following places.
1.
Any vehicle of public transportation including, but not limited to,
buses, limousines for hire and taxicabs;
2.
Elevators;
3.
Restrooms;
4.
Libraries, educational facilities, child care and adult day care
facilities, museums, auditoriums, aquariums and art galleries;
5.
Any health care facility, health clinics or ambulatory care facilities
including, but not limited to, laboratories associated with the rendition
of health care treatment, hospitals, nursing homes, doctors' offices
and dentists' offices;
6.
Any indoor place of entertainment or recreation including, but not
limited to, gymnasiums, theaters, concert halls, bingo halls, billiard
halls, betting establishments, bowling alleys, arenas and swimming
pools;
7.
Service lines;
8.
Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital or other similar performance;
9.
Shopping malls;
10.
Sports arenas, including enclosed places in outdoor arenas;
11.
Bars;
12.
Restaurants;
13.
Convention facilities;
14.
All public areas and waiting rooms of public transportation facilities
including, but not limited to, bus and airport facilities;
15.
Any other area used by the public or serving as a place of work including
open office landscaping;
16.
Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee including, but not limited to, joint committees or agencies
of the City or any political subdivision of the State during such
time as a public meeting is in progress, to the extent such place
is subject to the jurisdiction of the City;
17.
All enclosed facilities owned by the City; and
18.
Rooms in which meetings or hearings open to the public are held,
except where the rooms are in a private residence.
[Ord. No. 1261 §1, 5-21-2008]
Notwithstanding any other provision of this Article to the contrary,
the following areas shall not be subject to the smoking restrictions
of this Article:
Private residences, not serving as enclosed places of employment
or an enclosed public place.
[Ord. No. 1261 §1, 5-21-2008; Ord. No. 1269 §1, 8-20-2008]
A.
Smoking
shall be prohibited in the following outdoor places:
1.
Within a distance of ten (10) feet outside a building's main entrance,
operable windows and ventilation systems of enclosed areas where smoking
is prohibited, in existing restaurants and bars with valid occupational
licenses as of August 1, 2008.
2.
Within a distance of twenty five (25) feet outside a building's main
entrance, operable windows, and ventilation systems of enclosed areas
where smoking is prohibited for all businesses.
3.
In all outdoor recreation areas, stadiums and amphitheaters, except
in designated smoking areas which may be established only in perimeter
areas at least twenty (20) feet from any seating areas or concession
stands. Smoking shall also be prohibited in, and within twenty (20)
feet of, bleachers and grandstands for use by the spectators at sporting
or other public events.
4.
In all public transit stations, platforms and shelters under the
authority of the City of Mission.
[Ord. No. 1261 §1, 5-21-2008]
The person having control of a place, business, office or other
establishment or activity subject to this Article shall not knowingly
permit, cause, suffer or allow any person to violate the provisions
of this Article in that place and shall take all necessary steps to
prevent or stop another person from smoking in violation of this Article. "Necessary steps" means to take all reasonable actions to
prevent smoking in violation of this Article by employees, patrons
and visitors in the place, business, office or establishment, including:
posting no-smoking signs and removing all ashtrays; verbally asking
a person who is smoking to extinguish the smoking materials; refusing
service to a person who is illegally smoking; verbally asking anyone
illegally smoking to leave the premises; and applying standard business
procedures in the same manner for violations of house rules or other
local ordinances or State laws. If the employee, patron or visitor
smoking in violation of this Article is hard of hearing, the communications
with that person may be written, in sign language or other effective
means of communication.
[Ord. No. 1261 §1, 5-21-2008]
A.
A person
who smokes in an area where smoking is prohibited by the provisions
of this Article shall be guilty of a public offense, punishable by
a fine not exceeding fifty dollars ($50.00).
B.
A person
having control of a public place of employment and who fails to comply
with the provisions of this Article shall be guilty of a public offense,
punishable by:
C.
Each
day on which a violation of this Article occurs shall be considered
a separate and distinct violation.
D.
In
addition to the fines established by this Section, violation of this
Article by a person having control of a public place or place of employment
may result in the suspension or revocation of any permit or license
issued to the person for the premises on which the violation occurred.
