[Ord. No. 2704 § 1, 2-5-2018[1]]
It is the purpose of this Article that the City of Higginsville
promotes public health by decreasing citizens' exposure to secondhand
smoke and creates smoke-free environments for workers and citizens
through regulation in the workplace and all public places.
[1]
Editor's Note: This ordinance provided an effective date of
5-1-2018.
[Ord. No. 2704 § 1, 2-5-2018]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the content clearly indicates a different meaning:
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.
Food service shall be considered incidental unless it exceeds one-half
(1/2) of all gross sales.
The City Attorney for the City of Higginsville, Missouri,
or his or her designee.
A private club that:
Has a written definition and description of membership policies;
Maintains its membership system according to its written membership
policies;
Grants only memberships of at least one (1) year, and not one-time,
weekly, or incidental memberships; and
Maintains a written list of its members.
An electronic device that can be used to deliver an inhaled
dose of nicotine, or other substance, including any component, part,
or accessory of such a device, whether or not sold separately. "Electronic
Smoking Device" includes any such device, whether manufactured, distributed,
marketed, or sold as an electronic cigarette, an electronic cigar,
an electronic cigarillo, an electronic pipe, an electronic hookah,
or any other product name or descriptor.
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 or more employees.
A space bounded by at least two walls (with or without windows)
continuous from the floor to the ceiling and enclosed by doors, including,
but not limited to, offices, rooms, a space therein screened by partitions,
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
A hotel or motel room may be designated as a smoking room
only one time a year.
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." Place of employment
shall include vehicles used in the regular course of business. A sole
proprietorship or facility where only a single employee is present,
and to which the public is not invited, shall not be considered a
place of employment.
A not-for-profit organization incorporated under the laws
of the State of Missouri and organized for fraternal, mutual benefit
or social purposes, or a congressionally chartered veterans' organization,
which private club has a defined membership and restricts admission
to its facilities to members only and their guests.
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.
Any location where regular service is provided for any mass
public transportation system, including, but not limited to, bus stations
and depots, airports and train stations.
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.
Any establishment whose gross floor area is occupied at least
fifty percent (50%) by tobacco or products solely used for smoking
or ingestion of tobacco, and at least eighty percent (80%) of whose
retail sales come from tobacco products.
Any indoor line at which one or more persons are waiting
for or receiving service of any kind, whether or not such service
involves the exchange of money.
Inhaling, exhaling, burning or carrying any lighted or heated
cigar, cigarette, e-cigarette, pipe, or other lighted or heated tobacco
or plant products intended for introduction into the human body, including
also without limitation hookahs and marijuana, both natural and synthetic.
Smoke also includes use of any electronic smoking device which creates
aerosol or vapor.
Any 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 competitions,
or witness sports events.
[Ord. No. 2704 § 1, 2-5-2018]
A.
Smoking shall be prohibited in all enclosed places of employment
within the City.
B.
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, childcare 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, gymnasiums, theaters, concert halls, bingo halls,
billiard halls, betting establishments, bowling alleys, arenas and
swimming pools;
7.
Service lines;
8.
Facilities primarily used to exhibit a motion picture, stage,
drama, lecture, musical recital, or other similar performance;
9.
Shopping malls;
10.
Sports arenas, including enclosed places in outdoor areas and
including concourses within the structures of sports arenas;
11.
Convention facilities;
12.
All public areas and waiting rooms of public transportation
facilities;
13.
Any other area used by the public or serving as a place of work,
including open office landscaping;
14.
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 of any political subdivision of the state during such
time as a public meeting is in progress;
15.
All enclosed facilities owned by the City;
16.
Rooms in which meetings or hearings open to the public are held,
except where such rooms are in a private residence; and
17.
Restaurants and liquor serving establishments.
C.
Smoking shall be prohibited in any enclosed space owned or operated
by the City of Higginsville, whether inside or outside the City Limits.
D.
No one shall smoke in a manner that causes patrons or employees to
have to pass through ambient smoke at the entrance to, or exit from,
a building where smoking is prohibited, pursuant to this Section.
[Ord. No. 2704 § 1, 2-5-2018]
A.
A person having control of a place listed in Section 220.190 shall not knowingly permit, cause, suffer or allow any person to violate the provisions of Section 220.190 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 cigar, cigarette, e-cigarette, pipe, vapor pipe, or other tobacco products be extinguished and asked the person to leave the establishment if that person has failed or refused to extinguish the lighted cigar, cigarette, e-cigarette, pipe, vapor pipe, or other tobacco products.
B.
A person having control of a place 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 inch in height.
C.
It shall be the responsibility of employers to provide smoke-free
workplaces for all employees.
[Ord. No. 2704 § 1, 2-5-2018]
Notwithstanding any other provision of this Article to the contrary,
the following shall not be subject to the smoking restrictions of
this Article:
A.
Private residences, not serving as enclosed places of employment
or enclosed public places, including private or semi-private rooms
in long-term-care facilities, when all occupants agree and the same
is permitted by the facility.
B.
Ten percent (10%) of hotel and motel rooms, as may be permanently
designated as smoking rooms, or a higher percentage adjusted by the
hotel or motel, when on a given date it has a seventy-five percent
(75%) or greater occupancy rate, due to the booking of guests for
conventions or meetings and needed to meet the demands of the convention
or meeting, provided the hotel or motel cleans those added rooms in
a manner sufficient to remove the odor and particulate residue of
smoking from those rooms before they are again occupied as non-smoking
rooms;
C.
Retail Tobacco Stores.
1.
Retail tobacco stores, provided that the establishment:
a.
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.
2.
This Subsection shall not apply to a business that sells or
serves foods or alcoholic beverages.
D.
Patios or outdoor areas of any business.
E.
Areas designated as "smoking areas" by any state agency or state
institution of higher education that is ventilated adequately, all
as provided by Section 191.767.4, RSMo., and as the same is amended.
[Ord. No. 2704 § 1, 2-5-2018]
Any person violating the provisions of this Article may be punished under Section 100.080 of the Code of Ordinances.
[Ord. No. 2704 § 1, 2-5-2018]
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. 2704 § 1, 2-5-2018]
A.
The provisions of this Article shall not apply to any Private Club,
so long as:
1.
Any fee charged by the Private Club to its Defined Membership
is not related to entrance on a specific occasion.
2.
Admission is restricted to only members and a limited number
of guests that are fewer than the number of members present.
3.
The private club is governed by a board, committee or similar
body elected by the membership.
B.
Any private club opening its facilities for events to be attended
by non-members shall comply with this Article during the duration
of such events.
[Ord. No. 2704 § 1, 2-5-2018]
A.
Any establishment where smoking is not prohibited by this Chapter
that chooses to permit smoking shall post at every entrance, in a
location conspicuous to those entering, in lettering of at least one
inch, in contrasting color to the background, the following: "WARNING:
Secondhand smoke is known to cause heart disease, lung cancer, and
premature death, according to the Surgeon General of the United States.
Smoking is not regulated in this establishment."
B.
In every premises where smoking is prohibited by this Chapter, signage
indicating "No Smoking," or the pictorial equivalent, shall be conspicuously
displayed at each entrance by the owner, operator, or person in charge
of the premises.
[Ord. No. 2986, 2-6-2023]
It is a violation of law for any person who lawfully possesses
marijuana or a marijuana-infused product, as those are defined by
Article XIV of the Missouri Constitution, to ingest the same or introduce
the same into their body by any means in a public place within the
City. A violation of this Section will result in a civil penalty not
to exceed one hundred dollars ($100.00), plus court costs.
