0537AN ORDINANCE TO PROMOTE THE PUBLIC HEALTH BY
ESTABLISHING PUBLIC SMOKING REGULATIONS; PROVIDING FOR
DEFINITIONS; PROHIBITING SMOKING IN CERTAIN DESIGNATED
AREAS AND PUBLIC PLACES; REGULATING SMOKING IN FOOD
PRODUCTS ESTABLISHMENTS; REGULATING SMOKING IN THE
WORKPLACE; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, there is a substantial body of evidence which concludes that the
smoking of tobacco may be a danger to health and a health hazard to those who are
present in confined spaces; and
Wl][EREAS, it is the desire of the City Council of the City of Southlake, Texas, to
provide for the regulation and prohibition of the smoking or burning of tobacco products
within certain facilities, both private and public, within the City of Southlake,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
Definitions
The following words and terms when used in this ordinance, unless otherwise
defined within, shall be understood to mean:
1.1
"Employee" - means any person who is employed by any employer for direct or
indirect monetary wages or profit.
1.2 "Employer" - means any person who employs the services of an individual person.
1.3
1.4
1.5
1.6
1.7
1.8
"Enclosed" - means closed in by a roof and walls with appropriate openings for
ingress and egress, but does not include areas commonly described as public lobbies.
"Food Products Establishments" - means an operation that sells food for human
consumption and includes restaurants of any kind, but does not include grocery
stores.
"Health Care Facilities" - any office or institution providing individual care or
treatment of diseases, whether physical, mental or emotional, or other medical,
physiological and psychological conditions.
"Person" - shall include associations, firms, partnerships and corporations, as well as
individuals or groups of individuals.
"Public place" - means any enclosed area to which the public is invited or in which
the public is permitted, and includes, but is not limited to: stores, offices, theaters,
and other commercial establishments, restaurants, public and private institutions of
learning, health care facilities, nursing and convalescent homes, and all public
governmental facilities, but does not include the officers or work areas of workplaces
not entered by the public in the normal course of business. A private residence is
not a public place.
"Smoking" - means the possession of, or emitting or exhaling the smoke of, burning
tobacco, weed, or other plant product.
1.9
"Workplace" - means any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment. A
private residence is not a place of employment.
SECTION 2.
General Provisions
2.1 The owner, operator, manager, employer, or other person having control of any
area where smoking is prohibited shall post notice, as provided herein, in sufficient
numbers and at such conspicuous locations, including entrances thereto, so as to be readily
observable by a reasonably observant person and shall provide receptacles for the
extinguishment of smoking materials within twenty feet (20') of the entrance to such area
where smoking is to be prohibited as provided by this ordinance.
2.2 A sign prohibiting smoking shall be sufficient if it contains the words "no smoking,
City of Southlake ordinance," the universal symbol for no smoking, or other language that
clearly prohibits smoking. Notice shall be deemed sufficient if each entrance to a building
is posted with a sign containing the words "smoking permitted in designated areas only."
2.3 Nothing in this ordinance shall require the owner, operator, manager, employer, or
other persons in control of any building, facility, room, establishment or structure to incur
any expense to make structural or other physical modifications to comply with the terms
slakc~smokingor d(101592) Page 2
and conditions of this ordinance. The posting of signs or the equipping of any area with
facilities for the extinguishment of smoking materials shall not be construed to be infeasible
structural changes.
2.4 Nothing in this ordinance shall be construed to permit smoking where it is othepadse
prohibited by law or regulation.
2.5 Nothing in this ordinance shall be construed to preclude any owner or other person
having authority to manage and control any public place or place of employment from
prohibiting smoking to a greater extent than is provided by this ordinance.
SECTION 3
Smoking Prohibited in Certain Designated Areas and Public Places
3.1 An owner, operator, manager, employer, or other person having control of any
building or area within a building may designate all or any part of such building area
thereof a "no smoking" area wherein smoking shall be prohibited upon compliance with the
provisions of this ordinance and the posting of notice as herein required.
3.2 A person commits an offense if he or she smokes or possesses a burning tobacco,
weed, or other plant product in any of the following areas:
(a) an elevator used by the public;
(b)
any enclosed or indoor public place of any facility owned, operated or
managed by the City, including but not limited to any public meeting room,
conference room, restroom or public service area;
(c)
any enclosed or indoor retail, or service establishment serving the general
public including, but not limited to, any grocery store, drug store, department
store, and the public places within financial institutions;
(d)
every publicly or privately owned theater, auditorium, or other enclosed
facility which is open to the public for the primary purpose of exhibiting any
motion picture, performing arts, museum displays, athletic event, or any
other performance or event;
(e)
all areas which have been properly designated by the owner, manager,
employer, or other person having control of any building or area as
"nonsmoking" areas in accordance with Section 3.1 of this Ordinance;
(f) any enclosed or indoor facility of a public primary or secondary school;
(g)
public spectator seating areas of arenas, stadiums and outdoor events where
chairs, benches or similar seating is provided, unless specifically designated
as a smoking section;
alakeX~moking~or d(101592) Page 3
(h)
health care facilities; provided that the owner or other person with authority
to manage and control such facility may designate separate rooms, including
in-patient sleeping quarters, or areas as places where smoking is permitted,
using existing physical barriers and ventilation systems to the greatest extent
possible to minimize the smoke in adjacent nonsmoking areas. In no event
shall smoking be permitted in any health care facility corridor providing direct
access to in-patient sleeping quarters;
(i)
designated nonsmoking areas of food products establishments as set forth in
Section 4 of this Ordinance;
designated nonsmoking areas of workplaces as set forth in Section 5 of this
Ordinance;
3.3 The owner or person in control of an establishment or area described in section
3.2(c), 3.2(d), 3.2(0 and 3.2(g) may designate an area with the establishment as a smoking
area provided that:
(a) the area may not include the entire establishment;
(b) the area may not include cashier areas or over the counter sales areas;
(c) the area may not include the viewing area of any theater or movie theater;
(d) the area may not include the entire lobby;
(e)
the area in which smoking is permitted utilizes existing physical barriers and
ventilation systems to the greatest extent possible to minimize the smoke in
adjacent nonsmoking areas.
3.4 It is a defense to prosecution under this section if the person was smoking in an
area that was:
(a)
a designated smoking area of a facility or establishment described in section
3.2(c), 3.2(d), 3.2(f), 3.2(g) and 3.2(h) of this section which is posted as a
smoking area with appropriate signs.
(b)
an administrative area or private office of an establishment described in
section 3.2(c), 3.2(d), 3.2(f), or 3.2(h), unless such administrative area or
private office is posted as a nonsmoking area in accordance with Section 3.1.
(c)
a retail or service establishment which is primarily engaged in the sale of
tobacco products or smoking implements;
(d)
not posted as a nonsmoking area as required by sections 2.1 and 2.2 of this
ordinance.
slakcXamokin g~rd(101592) Page 4
SECTION 4
Food Products Establishments
4.1 A food products establishment which has indoor or enclosed dining areas with
seating arrangement for fifty (50) or more patrons shall provide separate indoor or
enclosed dining areas for nonsmoking patrons. A food products establishment which has
outdoor dining areas with seating arrangements for fifty (50) or more patrons shall provide
separate outdoor dining areas for nonsmoking patrons. A nonsmoking area must:
(a)
be separated, where feasible, from smoking areas by a minimum of four feet
(4') of contiguous floor space;
(b)
utilize existing physical barriers and ventilation systems to the greatest extent
possible to minimize the smoke in adjacent nonsmoking areas, and be
situated where feasible so that air from the smoking area is not drawn into
or across the nonsmoking area.
(c)
be clearly designated by appropriate signs visible to patrons within the dining
area indicating that the area is designated nonsmoking;
(d)
have ash trays or other suitable containers for extinguishing smoking materials
at the perimeter of the nonsmoking area.
4.2 A food products establishment may desiguate any portion of an indoor or outdoor
dining area with seating arrangement for less than fifty (50) patrons as a nonsmoking area.
If the owner or person in control of such a food products establishment does not designate
a nonsmoking area, signs stating 'Whis establishment does not provide a[n indoor or
outdoor] nonsmoking area" shall be posted at all exterior entrances to such establishment.
Such signs shall be clearly legible and shall be posted conspicuously so as to be readily
observable by a reasonably observant person.
4.3 Nothing in this section shall be construed to prevent an owner or person in charge
of a food products establishment from designating the entire establishment as nonsmoking.
4.4 Each food products establishment which has indoor or enclosed dining areas with
seating arrangement for fifty (50) or more patrons or outdoor dining areas with seating
arrangements for fifty (50) or more patrons shall:
(a)
have and implement a written policy which conforms to this ordinance and
is kept on file on the premises;
make the policy available for inspection by employees and municipal
enforcement personnel;
slake~moking.ord(lO1592) Pagc 5
4.5 Nondining areas of any food products establishment affected by this section to which
patrons have general access, including, but not limited to, food order areas, food service
areas, restrooms and cashier areas shall be designated as nonsmoking areas.
4.6 It is a defense to prosecution under this section that the food products
establishment is:
(a)
an establishment which has more than seventy percent (70%) of its annual
gross sales in alcoholic beverages; or,
(b)
a physically separated bar area of a food products establishment otherwise
regulated by this Ordinance.
4.7 It shall be unlawful to operate a food products estabhshment without complying with
this Ordinance.
SECTION 5
Smoking in the Workplace
5.1 Within three (3) months from the effective date of this ordinance, every employer
within the City of Southtake who owns, occupies or controls a workplace shall adopt,
implement and enforce a written policy on smoking that:
(a) conforms to this Ordinance and Section;
(b)
reasonably accommodates the interests of both smokers and nonsmokers but
minimizes the involuntary exposure of nonsmokers to second-hand smoke;
(c)
designates nonsmoking areas so as to use ex/sting structural barriers and
ventilation to minimize involuntary exposure of nonsmokers to second-hand
smoke; and
(d)
establishes a procedure for addressing employee disputes and objections
arising under the no smoking policy;
(e)
contains a statement that the employer shall not discharge, retaliate, or
discriminate against any employee who:
O)
files any complaint or causes any proceeding to be instituted under or
related to this ordinance;
(2)
testifies or will testify in any proceeding instituted under this
ordinance; or, exercises on his own behalf or the behalf of others any
right afforded by this ordinance.
5.2 Employers shall provide conspicuous signage indicating nonsmoking areas;
slakc~smokiag~r d(101592) Page 6
5.3 Nothing in this Section shall prohibit an employer from designating an entire
workplace as nonsmoking.
5.4 Employers shall supply a written copy of the smoking policy to all current
employees within three (3) weeks of the date of the adoption of the policy, and to all
future employees at the time of their entry into employment.
5.5 It shall be unlawful for an employer to operate a workplace without complying with
the requirements of this Ordinance.
SECTION 6
Enforcement
Any person who violates this ordinance shall be guilty of a Health and Sanitation
misdemeanor violation and subject to a fined amount not more than Two Thousand
Dollars ($2,000.00).
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 7
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 8
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
slakcXamoking~ord(101592) Page 7
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 9
All fights and remedies of the City of Southlake are expressly saved as to any and
all violations of the provisions of any ordinances affecting smoking regulations which have
accrued at the time of the effective date of this ordinance; and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or
not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 10
The City Secretary of the City of Southlake is hereby directed to publish the
proposed ordinance or its caption and penalty together with a notice setting out the time
and place for a public hearing thereon at least ten (10) days before the second reading of
this ordinance, and if this ordinance provides for the imposition of any penalty, fine or
forfeiture for any violation of any of its provisions, then the City Secretary shall additionally
publish this ordinance in the official City newspaper one time within ten days after passage
of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. The
City Secretary of the City of Southlake is hereby authorized to publish this ordinance in
book or pamphlet form for general distribution among the public, and the operative
provisions of this ordinance as so published shall be admissible in evidence in all courts
without further proof than the production thereof.
*lakcXamoking.ord(101592) Page 8
SECTION 11
This ordinance shall be in full force and effect from January 1, 1993, after its
passage and publication as required by law, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS
, 1992.
DAY OF
gq. .-" /~ '".i
:~
A T:
.... ........ ....
~'"""',,"'~'"'" C~Y SEC~T~Y
PASSED AND APPROVED ON SECOND READING ON THIS d.~ DAY OF
_~/dJ.-> ,1992.
~ ~..' . -.~
~..' ~ '-.~
% ;'"~ ,,,
APPROVED AS TO FORM AND LEGALITY:
City Attorney
Date: //
ADOPTED: /f9
EFFECTIVE:
slakcXsmokiug.ord(10D92) Page 9
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102
-"E STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared CAL RILEY Billing Specialist for the Fort Worth
Stdr-Telegrdm , published by the Star-Telegram Inc . dt Fort Worth, in Tarrant
County, Texas; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper On tha followina dates :
DATE AD INVOICE NO. DESCRIPTION i AD SIZE . A�,� RATE AMOUNT
OCT 23 6960765 CL. 358 1X55 L 55 . 40 22 . 00
ORDINANCE NO.537 OCt 23
AN
ORDINANCE
U P.O. # 537
TABLISHING PUBLIC
SMOKING REGULA-
TIONS• PROVIDING
FOR DEFINITIONS;
PROHIBITING SMOK-
ING IN CERTAIN DES-
IGNATED AREAS AND
PUBLIC PLACES; RE-
GULATING SMOKING
IN THE WORKPLACE,.
PROVIDING ORDINANC
SHALL BE CUMULA-
TIVE OF ALL ORDI-
NAN A SE V E R AB IIDITY
CLAUSE;A VG
CLAUSE. PROVIDING SIGNED
DR PUBLICATI N IN
2OVPHLET R$B: AND SWORN TO BEFORE ME , THIS THE 27 H A OF c7 TO R, 1992
CATION IN THE OF- NOTARY PUBLIC
EFCIAL NEWSPAPER; -C..
FDECTIOVEIDATE.AN _ �C,�O_� ...: � t' '\
SECTIONsce at TARRANT COUNTY, TEXAS
Any person who violates
this ordl�nance shall be 9ullty -
of a Health and Sanitation o�a o o��� °4ro�misdemeanor violation and -��- a v"-4.subject to a fined amount not
morelhanTwoThousandDol- aY `4 SPENCERKATNRYN_1,-
lays Each
dap.0 at Q P s�1� IRES
EacCh day that a violation Is
Permltledtoexistshallconstl- �2.' COMMISSION EXP
tuts a separate offense. '" lgg5 PASSED AND APPROVED '�i��./\ ��.' CO:R 1AY281
INSECONDREADINGTHIS
THE 20th DAY OF OCTO- �j9hE�oF,�=�
BER,1992.
Gary Flckes, , ,{ V
Ma1or of South lake C
ATTEST:
SSandra L.LeGrand, -TEAR A NG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
City SecretarY
Approved Ol to form:
WayAt or Olson,
City Attorney
REMIT TO : 400 W . SEVENTH , FW, TX 76102
R'='JI'T IC' 1> XFXCX I(X<X14 46X XOPX1XvX X X MOMX1-2051'
Fort tar-Tele ram!çith NUMBERACCOUNT C 1 T 5 7 AMOUNT e d • U O
1 I
PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 22. 00 1
SOUTHLAKE TX 76092-8898 TPLEASE PAY Iii .
HIS MOUNT Pm-
ATTN : SANDY LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED
Fort Worth Star-Telegram
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 .
THE STATE OF TEXAS
unty of Tarrant
Before me , a Notary Public in and for said County and State , this day
personally appeared CAL RII,FY Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant
County, Texas ; and who, after being duly sworn, did depose and say that the
following clipping of an advertisement was published in the above named
paper on the following dates :
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
NCH/LINE
SEP 04 6933403 SeptL•P 58 1X57 L 57 . 40 22 . 80
NOTICE ISHEARING given rt
NOTICE OF PUBLIC P.O.
_ .. ._ ._._. 537
HERE
to all interested persons that
the City Council of the City of
Southlake,Texas,willbehold- ---- m.
Ing a publichearingduringthe
Regular City Council meeting
to be held on September 1.,,
1992,at 7:00 .m.,Southlake
City Hall 667 North Carroll - -
Avenue,�outhlake,Texas.
Purpose of the hearing is to
considerthe second readingof ..
the following ordinance: - ----�`- ------- -
ORDINANCE NO.537 '
AN ORDINANCE TO
PROMOTE PUBLIC
HEALTHBY ESTAB- - ........ _ .... ....... ...... _._ _.. ............... .... ........... ......_._. .
LISHING PUBLIC
SMOKING REGULA-
TIONS.; PROVIDINGS SIGNS
G AREAS; PR VOID- AND SWORWT-O- BEFORE ME, T IS - E Th 3 - OF SEP,.:, I:E 1992
ENTIFICATIONOFR NOTARY PUB I
...._
)N-SMOKING �-��AREAS .. - _.. _...._........ ___..__. •\'. --
PENALTY THEREOF; ��� �\ �„,
PROVIDING A SEVER-
ABILITY CLAUSE AND xK�� TARRANT COUNTY, TEXA
PROVIDING AN EF- ..� Ite% .
FECTIVE DATE. - =s t 011
ARTICLE IV. :? "ff7 KATHRYN J. SPENCER $
c+i
ENFORCEMENT r/�' COM +f't --
SECTION 1. ./ •. �•/ �' � 111 tV'il,r _
Penalty for Violation tir•. r" n TS•I 1.. t
Any person who violates this ''yi 4 JJ ;1Y28, 199
ordinance by smoking in an h oci
area designated 'no smok- ""^``
Ing" as herein authorized -- ---- -�-. —y - - - - - ---
with notice posted as herein
provided shall be guilty of a
Health and Sanitation mis-
demeanor violation and sub-
led to a fined amount not
—, more than(S2,000.00).
Each day that a violation is -T AR AL G THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�
permlttedtoexistshallconsti-
tute a separate offense.
City of Southlake
L.LeGrand
City Secretary
REMIT TO : 400 W . SEVENTH, FW , TX 76102
City Se
F;E.m f'' �'f 1; ... )(.81.X3141>XM 1M X xn xINII ,XrX>14X MO1-2051
For qyt
�h t.., r-Tele g ra m ACCOUNT C I T 5 7 AMOUNT 22 . 80
NUMBER DUE
+ PAGE OF
CITY OF SOUTHLAKE ORIGINAL
667 N CARROLL AVE 22. 80 1
SOUTHLAKE TX 76092-8898 PLEASE PAY ►
THIS AMOUNT
ATTN : SANDRA LEGRAND
PLEASE WRITE IN AMOUNT ENCLOSED