0907A ORDINANCE NO. 907a
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE V, "PUBLIC
SMOKING", OF THE SOUTHLAKE CITY CODE TO PROHIBIT
SMOKING IN ALL PUBLIC BUILDINGS AND WITHIN 20 FEET OF THE
ENTRANCE TO A PUBLIC BUILDING, REQUIRING "NO SMOKING"
SIGNS IN RESTAURANTS, BARS AND TAVERNS; PROHIBITING
CERTAIN ACTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SAVINGS AND CODIFICATION; PROVIDING FOR A PENALTY AND
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Southlake, Texas, finds that
secondhand 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 nonsmokers, including heart disease, stroke, respiratory disease,
and lung cancer, and further finds as follows:
WHEREAS, the National Cancer Institute in 1999 found that secondhand smoke
is responsible for the early deaths of approximately 53,000 Americans annually.
(National Cancer Institute (NCI), "Health effects of exposure to environmental tobacco
smoke: the report of the California Environmental Protection Agency. Smoking and
Tobacco Control Monograph 10," Bethesda, MD: National Institutes of Health, National
Cancer Institute (NCI), August 1999);
WHEREAS, the Public Health Service's National Toxicology Program (NTP) has
listed secondhand smoke as a known carcinogen. (See Environmental Health
Information Service (EHIS), "Environmental tobacco smoke: first listed in the Ninth
Report on Carcinogens," US. Department of Health and Human Services (DHHS),
Public Health Service, NTP, 2000; reaffirmed by the NTP in subsequent reports on
carcinogens, 2003, 2005);
WHEREAS, based on a finding by the California Environmental Protection
Agency in 2005, the California Air Resources Board has determined that secondhand
smoke is a toxic air contaminant, finding that exposure to secondhand smoke has
serious health effects, including low birth-weight babies; sudden infant death syndrome
(SIDS); increased respiratory infections in children; asthma in children and adults; lung
cancer, sinus cancer, and breast cancer in younger, premenopausal women; heart
disease; and death. (Appendix II Findings of the Scientific Review Panel: Findings of the
Scientific Review Panel on Proposed Identification of Environmental Tobacco Smoke as
a Toxic Air Contaminant as adopted at the Panel's June 24, 2005 Meeting," California
Air Resources Board (ARB), September 12, 2005);
WHEREAS, there is no safe level of exposure to secondhand smoke,
(Environmental Protection Agency (EPA), "Respiratory health effects of passive
smoking: lung cancer and other disorders, the report of the U.S. Environmental
Protection Agency, Smoking and Tobacco Control Monograph 4," Bethesda, MD:
National Institutes of Health. National Cancer Institute; Environmental Protection
Agency (EPA), August 1993; California. Environmental Protection Agency, "Health
Effects of Exposure to Environmental Tobacco Smoke," 1997; California Air Resources
Board, "Proposed identification of environmental tobacco smoke as a toxic air
contaminant," Sacramento: California Environmental Protection Agency (Cal-EPA). Air
Resources Board, Stationary Source Division, Air Quality Measures Branch, Office of
Environmental Health Hazard Assessment (OEHHA), September 29, 2005);
WHEREAS, a study of hospital admissions for acute myocardial infarction in
Helena, Montana before, during, and after a local law eliminating smoking in workplaces
and public places was in effect, has determined that laws to enforce smokefree
workplaces and public places may be associated with a reduction in morbidity from
heart disease. (Sargent, Richard P.; Shepard, Robert M.; Glantz, Stanton A., "Reduced
incidence of admissions of myocardial infarction associated with public smoking ban:
before and after study," British Medical Journal 328:977-980, April 24, 2004);
WHEREAS, 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. (California
Environmental Protection Agency (Cal EPA), "Health effects of exposure to
environmental tobacco smoke," Tobacco Control 6(4):346-353, Winter, 1997);
WHEREAS, 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. (Daynard, R.A., "Environmental tobacco smoke and the
Americans with Disabilities Act," Nonsmokers' Voice 15(1):8-9.);
WHEREAS, the U.S. Surgeon General has determined that the simple
separation of smokers and nonsmokers within the same air space may reduce, but does
not eliminate, the exposure of nonsmokers to secondhand smoke. (Department of
Health and Human Services. The Heath Consequences of Involuntary Smoking: A
Report of the Surgeon General. Public Health Service, Centers for Disease Control,
1986);
WHEREAS, the U.S. Centers for Disease Control and Prevention have
determined that the risk of acute myocardial infarction and coronary heart disease
associated with exposure to tobacco smoke is non-linear at low doses, increasing
rapidly with relatively small doses such as those received from secondhand smoke or
actively smoking one or two cigarettes a day, and has warned that all patients at
increased risk of coronary heart disease or with known coronary artery disease should
avoid all indoor environments that permit smoking. (Pechacek, Terry F.; Babb,
Stephen, "Commentary: How acute and reversible are the cardiovascular risks of
secondhand smoke?" British Medical Journal 328: 980-983, April 24, 2004);
WHEREAS, given the fact that there is no safe level of exposure to secondhand
smoke, the American Society of Heating, Refrigerating and Air Conditioning Engineers
2
(AHRAE) bases its ventilation standards on totally smokefree environments. ASHRAE
has determined that there is currently no air filtration or other ventilation technology that
can completely eliminate all the carcinogenic components in secondhand smoke and
the health risks caused by secondhand smoke exposure, and recommends that indoor
environments be smokefree in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas,
D.B.; Houston, T.P.; Persily, A.K.; Schoen, L.J.; Spengler, J.; Callway, C.A., "ASHRAE
position document on environmental tobacco smoke and the development of acute
coronary syndromes: the CARDIO2000 case-control study," Tobacco Control 11(3):220-
225, September 2005);
WHEREAS, the Society of Actuaries has determined that secondhand smoke
costs the U.S. economy roughly $10 billion a year: $5 billion in estimated medical costs
associated with secondhand smoke exposure, and $4.6 billion in lost productivity.
(Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco
Smoke," Society of Actuaries, March 31, 2005);
WHEREAS, numerous economic analyses examining restaurant and hotel
receipts and controlling for economic variables have shown either no difference or a
positive economic impact after enactment of laws requiring workplaces to be smokefree.
Creation of smokefree workplaces is sound economic policy and provides the maximum
level of employee health and safety. (Glantz, S.A. & Smith, L. The effect of ordinances
requiring smokefree restaurants on restaurant sales in the United States. American
Journal of Public Health, 87:1687-1693, 1997; Colman, R.; Urbonas, C.M., "The
economic impact of smoke-free workplaces: an assessment for Nova Scotia, prepared
for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September
2001);
WHEREAS, hundreds of communities in the U.S., plus numerous states,
including Texas, California, Delaware, Florida, Massachusetts, Montana, New Jersey,
New York, and Washington, have enacted laws requiring workplaces, restaurants, bars,
and other public places to be smokefree, as have numerous countries, including Ireland,
New Zealand, Norway, Scotland, Sweden, Uganda, and Uruguay;
WHEREAS, smoking is a potential cause of fires, cigarette and cigar burns and
ash stains on merchandise and fixtures, and other economic damage to businesses.
("The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9,
August 1997);
WHEREAS, the City Council finds there is no legal or constitutional "right to
smoke." Business owners have no legal or constitutional right to expose their
employees and customers to the toxic chemicals in secondhand smoke. On the
contrary, employers have a common law duty to provide their workers with a workplace
that is not unreasonably dangerous;
WHEREAS, the City Council finds the congregation of smokers within 20 feet of
the entrances or exits of buildings in which smoking is prohibited can impair entry into
3
and exit from these buildings, create noxious clouds of concentrated nuisance smoke
that harm the rights of nonsmoking patrons and passersby, and create a hazard of such
concentrated smoke drifting into the indoor environment; and
WHEREAS, the City Council finds the smoking of tobacco is a form of air
pollution, a positive danger to health, and a material public nuisance.
WHEREAS, the American Academy of Pediatrics recommends local
governments should enact and enforce laws that mandate the provision of smoke-free
environments, including e-cigarette vapor, in all public places and require employers to
provide smoke-free/e-cigarette vapor free work environments for their employees.
Accordingly, the City Council finds and declares that the purposes of this
ordinance are (1) to protect the public health and welfare by prohibiting smoking in
public places and places of employment, (2) to guarantee the right of nonsmokers to
breathe smoke-free air, and (3) to recognize that the need to breathe smoke-free air
shall have priority over the desire to smoke.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The declarations, determinations and findings made in the preamble of this
ordinance are hereby adopted and made a part of the operative provisions hereof.
SECTION 2.
The Article V, Chapter 10 of the Southlake City Code is hereby amended to read
as follows:
ARTICLE V.
PUBLIC SMOKING
Sec. 10-151. Definitions.
The following definitions shall apply to this article:
"Smoke" or "Smoking" means inhaling, exhaling, or burning a lighted cigar,
cigarette, pipe or other lighted tobacco product in any manner or form; or inhaling,
exhaling from an electronic smoking device.
"Electronic smoking device" means an electronic or battery-operated device that
delivers vapors for inhalation. This term shall include every variation and type of such
devices whether they are 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.
4
"Person" means any individual.
"Public building" means any building other than a building used as a private
residence. If portions of a building are used as a private residence and another portion
of the building is used for business purposes or commercial activities, then "public
building" as used herein shall apply to the portions of the building used for business
purposes or commercial purposes, but not the portion used solely as a residence. The
term "public building" includes, but is not limited to, restaurants, bars and taverns.
"Restaurant" means an establishment that primarily serves food prepared in the
kitchen of the same establishment for patrons and may serve alcohol with a valid Texas
Alcoholic Beverage Commission License as long as the establishment derives less than
75% of its gross revenues from alcohol sales and includes all indoor and outdoor
seating areas, kitchen, bar area, restrooms and lobby.
"Bar" or "Tavern" means an establishment that derives 75% or more of the
establishment's gross revenue from the on-premise sale of alcoholic beverages.
Sec. 10-152. Smoking prohibited in public buildings, or within 20 feet of an
entrance or exit to a public building; signs required; and prohibited acts.
(a) It shall be unlawful for any person to perform the following acts in any
public building in the City of Southlake or within 20 feet of any entrance or exit to any
public building:
(1) smoke,
(2) carry a lighted cigarette, cigar, or tobacco-containing pipe, or an operating
electronic smoking device, or
(3) light a cigarette, cigar or tobacco-containing pipe or operate an electronic
smoking device.
(b) It shall be unlawful for any owner of any restaurant, bar and tavern to
allow the operation of the establishment unless one or more of the following signs have
been posted at a location clearly visible to a person entering the establishment:
(1) a "No Smoking" sign, or
(2) the international "No Smoking" symbol (depiction of a burning cigarette
enclosed in a red circle with a red bar across it).
(c) It shall be unlawful for any 'owner or operator of any public building to
place or allow to be placed any of the following items in any public building or within 20
feet from an entrance or exit to any public building:
5
(1) ashtrays;
(2) smoking paraphernalia, or
(3) signs that indicate that smoking is permitted.
(d) It shall be unlawful for the owner or operator of any public building to allow
smoking in such public building in violation of the provisions of this article.
Sec. 10-153. City Parks.
Smoking prohibited except in designated areas.
Sec. 12-32. - Rules and regulations. (This section will be deleted
from the City Code)
The following regulations and restrictions are prescribed for the use
of city parks:
(10)
Smoking prohibited except in designated areas. It shall be
Sec. 10-154. Penalty.
Any person who violates this article shall be guilty of a health and sanitation
misdemeanor violation and subject to a fine of not more than $500.00. Each day that a
violation is permitted to exist shall constitute a separate offense. Any association,
partnership or cooperation that violates this article shall be guilty of a health and
sanitation misdemeanor violation and subject to a fine of not more than $2000.00. Each
day that a violation is permitted to exist shall constitute a separate offense.
SECTION 3.
Sections 10-151 through 10-158 of the Southlake City Code are hereby repealed
effective on March 1, 2016.
SECTION 4.
If any provision of this ordinance, or the application thereof to any person or
circumstances, shall be held invalid or unconstitutional by a Court of competent
jurisdiction, such invalidity shall not affect the other provisions, or application thereof, of
6
this ordinance which can be given effect without the invalid provision or application, and
to this end the provisions of this ordinance are declared to be severable.
SECTION 5.
It is the intention of the City Council that this ordinance shall become a part of the
Code of the City of Southlake, Texas, and it may be renumbered and codified therein
accordingly, in the manner approved by the City Attorney. The Code of the City of
Southlake, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
SECTION 6.
This ordinance shall take effect on March 1, 2016, following final passage by the
City Council and publication in accordance with the Charter of the City of Southlake.
PASSED AND APPROVED ON FIRST READING THIS 2"d DAY OF
FEBRUARY, 2016. 0MA O,7
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PASSED AND APPROVED ON SECOND READING THIS 16th DA 'TO
FEBRUARY, 2016.
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7
INVOICE
Star -Telegram
808 Throclanorton St.
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn: Attn: ACCOUNTS PAYABLE
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
CTT57:'
336658711
1/15/2016
Net due in 21 days
1/31/2016
21600005
33665871
073
PUBLIC HEARING
1/15/2016
Description
Location Col
Depth Linage MU
Rate Amount
PUBLIC HEARING NOTICE CITY OF 13580
DIE SD
Country 0)
PUBLIC HEARING NOTICE
CITY OF SOUTHLAKE, TEXAS
Notice_is..hereby given to all inter-
ested persons that the City of
Southlake, Texas, will consider the
following items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for:
Planning and Zoning Commission on
Thursday, February 4, 2016 at 6:30
PM will hold a public hearing and
consider:
Ordinance 1138 (CP16-001) - an
amendment to the City of South -
lake's 2030 Consolidated Future
Land Use Plan to add a new land
use category designation "Rural
Residential Estate".
Ordinance 1139 - an amendment to
the City of Southlake's Zoning
Ordinance 480, as amended to
create a new zoning district cate-
gory "RE- 7" -Single Family Resi-
dential Estate District, and to
rename the current "RE" Single
BeforeFamily Residential to Estate Dis-
t"' n!! trict to "RE- 5"- Single Family
Residential Estate District.
City Council. on Tuesday, February
16, 2016 at 5:30 PM will hold a
public hearing and consider:
Ordinance 907A- an amendment to
Chapter 10 "Heath and Sanitation,
Article V "Public Smoking," of the
Southlake City Code Ordinance
907.
City Council on Tuesday, March 1,
2016 at 5:30 PM will hold a public
hearing and consider:
Ordinance 1138 (CP16-001) - an
amendment to the City of South -
lake's 2030 Consolidated Future
Land Use Plan to add a new land
use category designatioh. "Rural
Residential Estate".
Ordinance 1139 - an amendment to
the City of Sputhlake's Zoning
Ordinance 480, as amended to
create a new zoning district cate-
gory "RE- 7"- Single Family Resi-
dential Estate District and to
rename the current "RE" Single
Family Residential to Estate Dis-
trict to "RE- 5"- Single Family
Residential Estate District.
All interested persons are urged to
attend.
City of Southlake
Lori Payne, TRMC
City Secretary
for the S
did (repos
BIDS ch'
TRIS D
Th
1 60
60 LINE
Net Amount:
$1.20
$72.00
$72.00
45 ".01.7:".• DEBORAH JEAN BAYLOR
s ; :0: Notary Public, State of Texas
My Commission Expires
October 29, 2019
'County and State, this day personaffy appeared Christy Hottan4 Bids e1 Legal" Coordinator
rr - Telegram, Inc. at Fort Worth, in Tarrant Country, Texas : and who after being duty sworn,
Ing of advertisement was published in the above named paper on the fisted dates
(817) 390-7037 SUBSCRIBED AND SMt)Q (4O BEFORE SME,
,. 2016
Signed
NOTARY PUBLIC Qkc3,Cc)-)
cnt
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Customer ID: CIT57
Customer Name: CITY OF SOUTHLAKE
Invoice Number: 336658711
Invoice Amount: $72.00
PO Number: 21600005
Amount Enclosed: $
INVOICE
Star -Telegram
808 Throckmorton St.
FORT WORTH, TX 76102
(817) 390-7761
Federal Tax ID 26-2674582
Bill To:
CITY OF SOUTHLAKE
1400 MAIN ST
STE 440
SOUTHLAKE, TX 76092-7604
Attn: Attn: ACCOUNTS PAYABLE
Customer ID:
Invoice Number:
Invoice Date:
Terms:
Due Date:
PO Number:
Order Number:
Sales Rep:
Description:
Publication Date:
C1T57
336956941
2/19/2016
Net due in 21 days
2/29/2016
21600005
33695694
073
CITY OF SOUTHLA
2/19/2016
Description
Location Col
Depth Linage MU
CITY OF SOUTHLAKE, TEXAS C
T'IE STATE O.1"TEXAS
County of Tarrant
CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 907A
AN ORDINANCE AMENDING CHAP-
TER 10, ARTICLE V, "PUBLIC
SMOKING", OF THE SOUTHLAKE
CITY CODE TO PROHIBIT SMOKING
IN ALL PUBLIC BUILDINGS AND
WITHIN 20 FEET OF THE EN-
TRANCE TO A PUBLIC BUILDING,.
REQUIRING"NO SMOKING" SIGNS
IN RESTAURANTS, BARS AND
TAVERNS; PROHIBITING CERTAIN
ACTS; PROVIDING FOR SEVER-
ABILITY; PROVIDING FOR SAV-
INGS AND CODIFICATION; PRO-
VIDING FOR A PENALTY AND
PUBLICATION; AND , DECLARING
AN EFFECTIVE DATE.
Any person who violates this article
shall be guilty of a health and
sanitation misdemeanor violation
and subject to a fine of not more
than $500.00. Each day that a
violation is permitted to exist shall
constitute a separate offense. Any
association, partnership or coop-
eration that violates this article
shall be guilty of a health and
sanitation misdemeanor violation
and subject to a fine of not more
than $2000.00. Each day that a
violation is permitted to exist shall
constitute a separate offense.
Passed and approved this the 16th
Before me, a Notary Public in and for said day of February, 2016 during the
regular City Council meeting.
Mayor Pro Tem: Randy Williamson
for the Star -Telegram, published by the StcAttest: Lori Payne, City Secretary .h, in Tarrant County, Texas : and who after being duty sworn,
did depose and say that the attached clipping of advertisement was published in the above named paper on the luted dates:
BIDS de LEGALS DEPT Star -Telegram. (817) 390-7037 SUBSCRIBED AND SWORNTO BEFORE ME,
38 38 LINE
OFF',
Rate Amount
$1.20 $45.60
Net Amount:
MAR - 1 2016
$45.60
DEBORAH JEAN BAYLOR
3::::::
Notary Public, State of Texas
IA MyCommissionExpires
October 29, 2019
onatty appeared Christy Holland, Bids Legal Coordinator
THIS DAY Of -EMM ' 417 2016
Thank You For Your Payment
Remit To: Star -Telegram
P.O. BOX 901051
FORT WORTH, TX 76101-2051
Signed
NOTARYPUBLIC
\,A),
Customer 1D: C1T57
Customer Name: CITY OF SOUTHLAKE
Invoice Number: 336956941
Invoice Amount: $45.60
PO Number: 21600005
Amount Enclosed: