[Ord. No. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
BAR
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.
EMPLOYEE
Any person who performs services for an employer, with or
without compensation.
EMPLOYER
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.
ENCLOSED
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, and all space therein including areas
screened by partitions which do not extend to the ceiling or are not
solid, "office landscaping" or similar structures and hallways.
PERMANENTLY DESIGNATED
A hotel or motel room may be designated as a smoking room
for a period of no less than twelve (12) months.
PLACE OF EMPLOYMENT
Any enclosed area under the control of a 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 rooms and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child care, adult day care or health care facility.
PUBLIC PLACE
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, laundering facilities, 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".
RESTAURANT
An eating establishment, including, but not limited to, coffee
shops, cafeterias, sandwich stands, and private and public school
cafeterias, which gives or offers at no cost or 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 an attached bar.
SERVICE LINE
Any 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.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other tobacco product.
SPORTS ARENA
Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice skating 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. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
A. The
possession of lighted smoking materials in any form, including, but
not limited to, the possession of lighted cigarettes, cigars, pipes
or other tobacco products, shall be prohibited in all enclosed places
of employment within the City.
B. The
possession of lighted smoking materials in any form, including, but
not limited to, the possession of lighted cigarettes, cigars, pipes
or other tobacco products, 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;
4. Libraries, educational facilities, child care and adult day care
facilities, museums, auditoriums, aquariums and art galleries;
5. Any health care facility, health clinic 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, public or private club facilities, gymnastics, theaters,
concert halls, bingo halls, billiard halls, betting establishments,
bowling alleys, arenas and swimming pools;
8. Facilities primarily used for exhibiting a motion picture, stage,
drama, lecture, musical recital, or other similar performance;
10. Sports arenas, including enclosed places in outdoor arenas;
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;
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 such rooms are in a private residence.
C. No
one shall possess lighted smoking materials in any form, including,
but not limited to, lighted cigarettes, cigars, pipes or other tobacco
products within ten (10) feet of the primary entrance to or exit from
a building where smoking is prohibited pursuant to this Section.
D. It
shall be unlawful for any person to violate the provisions of this
Section.
[Ord. No. 23-02-08, 2-21-2023]
A. No
person shall use vapor products in an enclosed place of employment
within the City.
B. No
person shall use vapor products in an enclosed public place within
the City.
C. The
use of vapor products is prohibited within the City of Excelsior Springs
in the same manner as lighted smoking materials. All the provisions
of this Article prohibiting the use of lighted smoking materials apply
to the use of vapor products.
[Ord. No. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
A. A person having control of a place listed in Section
230.690 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of Section
230.690 in that place. It shall be an affirmative defense to an alleged violation of this Subsection that the person having control of a place has asked that the lighted cigarette, cigar, pipe or other tobacco product be extinguished and asked the person to leave the establishment if that person has failed or refused to extinguish the lighted cigarette, cigar, pipe or other tobacco products.
B. A person having control of a place listed in Section
230.690 shall 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) near all entrances where smoking is prohibited by this Article. Such signage shall consist of letters not less than one (1) inch in height.
C. It
shall be the responsibility of employers having any enclosed place
of employment located within the City to provide smoke-free workplaces
for all employees.
D. Each
employer having any enclosed place of employment located within the
City shall communicate the smoke restrictions of this Article to all
employees within thirty (30) days of the adoption of this Article
by the City Council, and shall supply a written copy of these smoking
restrictions upon request to any existing or prospective employee.
[Ord. No. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
A. Notwithstanding
any other provision of this Article to the contrary, the following
shall not be subject to the smoking restrictions of this Article:
1. Private residences, not serving as enclosed places of employment
or enclosed public places;
2. Twenty-five percent (25%) of hotel and motel rooms may be permanently
designated as smoking.
3. Business establishment where more than eighty percent (80%) of the
gross receipts of trade or business carried on is from the blending
of tobaccos, or the sale of tobaccos, pipes, cigars or smokers' sundries
and smoking-related paraphernalia, provided that:
a. The establishment is the sole occupant of a building that stands
alone from other buildings; or
b. Has separate heating, ventilation and air-conditioning equipment
that vents or exchanges air outside of the building or structure in
which the business establishment is situated which prevents the mixing
of air from the establishment with air from the other portions of
the premises where smoking is prohibited under the provisions of this
Article; and
c. Does not allow those under the age of eighteen (18) years old into
the areas where the possession of lighted smoking materials occurs.
|
|
This Subparagraph (3) shall not apply to a business that sells
or serves foods or alcoholic beverages.
|
[Ord. No. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
A. A person
who smokes in an area where smoking is prohibited by the provisions
of this Article shall be guilty of an ordinance violation, punishable
by a fine not exceeding fifty dollars ($50.00).
B. A person
having control of a public place or place of employment and who fails
to comply with the provisions of this Article shall be guilty of an
ordinance violation, punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for a first (1st)
violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second (2nd)
violation within a one (1) year period.
3. A fine not exceeding five hundred dollars ($500.00) for a third (3rd)
or subsequent violations within a one (1) year period.
4. Each day on which a violation of this Article occurs shall be a separate
and distinct violation.
[Ord. No. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
This Article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
This Article shall be liberally construed so as to further its purposes.
The provisions of this Article are severable. If any provision or
its application to any person or circumstance is held invalid by a
court of competent jurisdiction, the remaining provisions shall continue
in full force and effect.
[Ord. No. 12-12-05 §1, 12-17-2012; Ord. No. 13-05-01 §1, 6-3-2013]
A. The
authority to administer the provisions of this Article is vested in
the Chief of Police and his or her duly authorized representative(s).
B. Whenever
the need arises, the Chief of Police may call upon the Fire Department
and other departments of the City to aid in the enforcement of the
provisions of this Article.
C. Notice
of the provisions of this Article shall be given to all applicants
for a business license in the City.
D. Any
citizen who desires to register a complaint under this Article may
initiate enforcement with the Police Department.
[Ord. No. 19-03-02, 3-18-2019]
A. The
possession of lighted smoking materials in any form, including, but
not limited to, the possession of lighted cigarettes, cigars, pipes
or other tobacco products, shall be prohibited on any property owned
or operated by the City Parks and Recreation Department marked as
a youth activity area.
B. A person who fails to comply with the provisions of Subsection
(A) of this Section shall be guilty of an ordinance violation, punishable by:
1. A fine not exceeding one hundred dollars ($100.00) for a first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation
within a one-year period.
3. A fine not exceeding five hundred dollars ($500.00) for a third or
subsequent violations within a one-year period.
