Tuesday, July 15, 2008

ORDINANCE NO. 6-2007



ORDINANCE FOR SMOKEFREE PUBLIC PLACES AND WORKPLACES

WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution;

WHEREAS, the American Academy of Pediatrics published a study (Pediatrics, February 1998) that attributes approximately half of early childhood cases of asthma, chronic bronchitis, and wheezing to secondhand smoke;

WHEREAS, the U.S. Surgeon General found in his 1986 Report that environmental tobacco smoke is a cause of disease, including lung cancer, in nonsmokers;

WHEREAS, studies have shown that environmental tobacco smoke is a cause of cardiovascular disease in nonsmokers;

WHEREAS, studies have shown that breathing environmental tobacco smoke is a significant health hazard for children, the elderly, and individuals with cardiovascular disease, impaired respiratory function, and asthma;

WHEREAS, the Americans with Disabilities Act, which requires access for handicapped persons in public places and workplaces, deems impaired respiratory function a disability;

WHEREAS, the U.S. Surgeon General further found that separating smokers from nonsmokers within the same air space does not eliminate the exposure of nonsmokers to environmental tobacco smoke;"

WHEREAS, on the basis of the published warnings of the U.S. Surgeon General and on the basis of scientific reports and other authoritative and instructive data, the Helena-West Helena City Council has determined that the public interest requires certain measures to be established to eliminate the exposure of people to environmental tobacco smoke in public places, and that this ordinance intends to (1) protect the public health and welfare by eliminating smoking in public places and workplaces, and (2) guarantee that the need to breathe smokefree air shall take priority over smoking

NOW, THEREFORE, BE IT ORDAINED by the Helena-West Helena City Council as follows:


Section 1: General Restrictions for Public Places

Smoking shall be prohibited at all times in all enclosed public places within Helena-West Helena including, but not limited to, the following places:

  1. All enclosed areas available to and customarily used by the general public and all areas of business establishments and non-profit entities generally accessible to the public, including, but not limited to, the public areas of retail stores, banks, offices, movie theaters, laundromats, hotels, motels, sports arenas, bowling facilities.

  2. All restaurants and bars in accordance with N.J.S.A. 26:3E-7 to 26:3E-13.

  3. All outdoor areas within ten linear feet from any and all entrances and exits of any and all enclosed indoor areas where smoking is prohibited, to ensure that tobacco smoke does not enter the smokefree indoor areas through entrances, windows, ventilation systems, or any other means.

  4. All rest rooms, lobbies, reception areas, hallways, elevators, service lines, and any other common-use areas in enclosed public places.

  5. All polling places.

  6. All places that host bingo games.

  7. All lobbies, hallways, elevators, and other common areas of multi-unit residential buildings, including, but not limited to, apartment buildings, condominiums, town houses, trailer parks, retirement facilities, and nursing homes.

  8. All buses, taxis, other means of public transit and waiting areas of public transit depots, and limousine and car services.

  9. All private residences that are used as childcare or healthcare facilities.

  10. All healthcare facilities, including but not limited to clinics, physical therapy facilities, and offices of doctors, dentists, chiropractors, and psychiatrists.

  11. All enclosed facilities owned, leased, or operated by [municipality name]."

Section 2: Voluntary Smokefree Policy

Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment or facility may declare that entire establishment or facility as a smokefree establishment.


Section 3: General Restrictions for Workplaces

All employers within the boundaries of Helena-West Helena shall provide a smokefree workplace for all employees. Smoking shall be prohibited in all enclosed facilities within the workplace at all times without exception. This includes, but is not limited to, all common work areas, private offices and work areas, meeting rooms, conference rooms, auditoriums, classrooms, hallways, elevators, stairs, cafeterias, employee lounges, rest rooms, medical facilities, and all other enclosed areas, including vehicles. The employer shall adopt and provide a written policy within 90 days of the effective date of this ordinance, and that smokefree policy shall be in effect, making that workplace smokefree within 120 days of the effective date of this ordinance. The employer will provide all employees with a copy of the policy within two weeks of its adoption. All prospective employees will receive a copy of the policy.


Section 4: Non-Retaliation

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for requesting or promoting a smokefree workplace or filing a complaint with the City regarding a smokefree workplace.

Section 5: Outdoor Restrictions

It is unlawful for any person to smoke tobacco on the property of any and all educational facilities, and at any and all recreational facilities, parks, playgrounds, sports fields, and recreational properties that are owned, leased, or operated by the city of Helena-West Helena or the city of Helena-West Helena Housing Commission.


Section 6: Posting Signs

A 'No Smoking' sign shall be clearly, sufficiently, and conspicuously posted at every entrance to every public place where smoking is prohibited by this ordinance.

The sign(s) shall be posted by the owner, operator, manager, or other person having control of such building or other area.

The sign(s) shall have the words 'No Smoking' in lettering that is not less than two (2) inches in height, or shall contain the international no smoking sign or symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar diagonally through the cigarette) that is not less than two (2) inches in height.

Signs that are removed shall be replaced within five (5) working days by the owner, operator, manager, or other person having control of such building or other area.


Section 7: Public Education


The Health Officer, or designee, shall engage in a continuing program to explain and clarify the purpose and requirements of this ordinance to citizens affected by this ordinance, and to guide owners, operators, and managers in their compliance. Such a program may include publications explaining the provisions of this ordinance.


Section 8: Enforcement

The Health Officer, or designee, and the Police Department are hereby charged with the enforcement of this ordinance. All members of the Health Department and the Police Department are hereby designated as enforcement officers for the purpose of enforcement of this ordinance.

Enforcement shall be implemented by the Mayor or his designee. Notices of this ordinance shall be given to all applicants for a business license in Helena-West Helena.

Any employee or person who desires to register a complaint under this ordinance may initiate enforcement with the Code Enforcement Officer.

Notwithstanding any other provision of this article, any person or employee may bring legal action to enforce this article. The legal action anticipated by the Ordinance is the filing on an affidavit in Phillip County/Helena-West Helena District Court for a warrant of arrest for an alleged violator of this ordinance.

Any owner, manager, operator, or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof.


Section 9 - Penalties

It shall be a violation of this ordinance for any owner, operator, manager, or person who controls any premises subject to this ordinance to fail to comply with any of its provisions.

It shall be unlawful to smoke or carry a lighted cigarette, cigar, or pipe where smoking is prohibited.

Any person who violates any provision of this ordinance shall be guilty of an infraction, punishable by:

  1. A fine not exceeding $100 for the first violation.

  2. A fine not exceeding $200, but no less than $100, for the second violation.

  3. A fine not exceeding $500, but no less than $200, for the third violation."

Section 10: Power to adopt more comprehensive smokefree policies


Notwithstanding any other provision of this ordinance, any owner, operator, manager, employer, or other person who controls any establishment or place of employment regulated by this ordinance may adopt policies relating to smoking which are more comprehensive than those provided herein.


Section 11: Other applicable laws

No provision in this ordinance shall be construed or interpreted to allow smoking where it is otherwise restricted by other laws.


Section 12: Severability


If any provision or application of this ordinance shall be held invalid, such invalidity shall pertain only to that specific provision or application, and shall not affect the other provisions and applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable.


Section 13: Effective Date


This ordinance shall be effective thirty (30) days from and after the date of its adoption, unless specified otherwise.

Passed:_________________

Approved:______________________

James F Valley, Mayor


Attested:________________________

Sandi Ramsey, City Clerk





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