City of Greenwood, MO
Jackson County
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Table of Contents
Table of Contents
[Ord. No. 2005-05-23-01 § 1, 5-23-2005]
This Chapter shall be known as the City of Greenwood Smoke-Free Public Buildings Act.
[Ord. No. 2005-05-23-01 § 2, 5-23-2005]
A. 
Except as provided in this Chapter, 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, is unlawful in any of the following places used by or open to the public or serving as a place of work:
1. 
Any commercial establishment including, but not limited to, retail stores, banks, office buildings and offices.
2. 
Any publicly owned enclosed property including, but not limited to, office buildings, garage areas, storage areas, facility areas or any building with environmental air ventilation systems.
3. 
Any public transportation vehicle including, but not limited to, buses, limousines-for-hire and taxicabs.
4. 
Any publicly owned, leased or operated vehicles including, but not limited to, Police vehicles, pickup trucks, personnel autos, line trucks, trash trucks, tractors, cranes, riding lawn mowers, earth moving vehicles, any type of publicly owned or leased vehicle with an enclosed passenger/operator compartment, any type of vehicle operated by a publicly owned entity.
5. 
Elevators.
6. 
Restrooms.
7. 
Libraries, educational facilities, day care facilities, museums, auditoriums and art galleries.
8. 
Any indoor public area of a health care facility, health clinic or ambulatory care facility including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, rest homes and offices of health professionals.
9. 
Any indoor place of entertainment or recreation including, but not limited to, gymnasiums, theaters, concert halls, bingo shalls, arenas and swimming pools.
10. 
All public areas and waiting rooms of public transportation facilities including, but not limited to, bus, airport and rail facilities.
11. 
Any other enclosed areas serving as a place of work or used by the public including open office landscaping and shopping malls.
12. 
Rooms in which meetings and/or hearings open to the public are held, except where such rooms are in a private residence.
13. 
Smoking shall be prohibited within restaurants, bars, cocktail lounges or restaurant with an attached bar.
[Ord. No. 2005-05-23-01 § 3, 5-23-2005]
A. 
The restrictions of this Chapter shall not apply to:
1. 
Private residences, except when used as a child care or health care facility.
2. 
Retail tobacco stores.
3. 
An enclosed place of employment that employs only the owner and no other employee provided that:
a. 
It is not open to the public.
b. 
The place of employment does not share a ventilation system with any other enclosed place of employment or public place.
4. 
Restaurants, bars, cocktail lounges or restaurants with an attached bar with designated smoking areas separated by a solid approved barrier.
5. 
Separate heating, ventilating or air conditioning system shall be required for operations of any new or existing food or liquor serving establishments.
[Ord. No. 2005-05-23-01 § 4, 5-23-2005]
A. 
Designated smoking areas shall have the following:
1. 
"Smoking allowed" sign designating such area as a smoking allowed area.
2. 
Separate smoking areas are designated by the proprietor or persons in charge.
3. 
New or existing physical barriers and functioning ventilation systems that shall be used to minimize the irritating and toxic effects of smoke in adjacent non-smoking areas.
4. 
Barriers shall be built separating the designated smoking area.
[Ord. No. 2005-05-23-01 § 5, 5-23-2005]
A. 
The City Council of Greenwood, Missouri, does hereby find that:
1. 
Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy non-smokers, including heart disease, stroke, respiratory disease and lung cancer.
2. 
The Public Health Service's National Toxicology Program has listed secondhand smoke as a known carcinogen.
3. 
Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
4. 
Children exposed to secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities and cancer.
5. 
The Americans with Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability.
6. 
The U.S. Surgeon General has determined that the simple separation of smokers and non-smokers within the same air space may reduce, but does not eliminate, the exposure of non-smokers to secondhand smoke.
7. 
The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particular matter and odors in smoke, do not eliminate the known toxins in secondhand smoke.
B. 
Accordingly, the City of Greenwood, Missouri, Board of Aldermen finds and declares that the purposes of this Chapter are:
1. 
To protect the public health and welfare by prohibiting smoking in public buildings, and
2. 
To guarantee the right of non-smokers to breathe smoke-free air and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
[Ord. No. 2005-05-23-01 § 6, 5-23-2005]
The following terms used in this Chapter have the following meanings unless the context clearly indicates otherwise:
BAR OR COCKTAIL LOUNGE
An establishment licensed under the liquor laws of the State of Missouri that draws seventy percent (70%) of its total revenue from the sale of liquor.
ENCLOSED
Any structures with a combination of three (3) or more walls and ceiling.
RESTAURANT
An establishment licensed as a restaurant within the City of Greenwood or an establishment whose primary business activity is the retail sale of prepared food and beverages and has seating for on-premises consumption of food.
SMOKE OR SMOKING
The lighting of any cigarette, cigar or pipe or the possession of any lighted cigarette, cigar or pipe regardless of its composition.
[Ord. No. 2005-05-23-01 § 7, 5-23-2005]
A. 
To advise persons of the existence of a no smoking area, an owner, proprietor, lessee, principal manager or person in control of an establishment within a building shall post signs at the entry of the establishment displaying the words "No Smoking" with letters of not less than one (1) 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. Failure to post such signage will be considered a violation of this Section and will be subject to the penalty provisions of Section 235.080(2).
B. 
The owner, proprietor, lessee, principal manager or person in control of a place set out in this Chapter, upon observation of a person smoking in violation of this Chapter, shall request that such person stop smoking.
[Ord. No. 2005-05-23-01 § 7, 5-23-2005]
A. 
The Enforcement Officer of this Chapter shall be the City Administrator and/or the City Manager for the City of Greenwood, all law enforcement agents and all agents designated by the City Administrator and/or City Manager.
1. 
A person who smokes in an area where smoking is prohibited by the provision of this Chapter shall be guilty of an infraction, punishable by a monetary penalty of one hundred dollars ($100.00) for the first offense and two hundred fifty dollars ($250.00) for each subsequent offense.
2. 
A person who owns, manages, operates or otherwise controls a public building who fails to comply with the provisions of this Chapter shall be guilty of an infraction, punishable by a monetary penalty not exceeding two hundred fifty dollars ($250.00) for each offense.