HomeMy WebLinkAboutORD 1403 - ORD Relating to Smoking & Tobacco
ORDINANCE NUMBER 1403
AN ORDINANCE RELATING TO SMOKING AND TOBACCO; AMENDING THE
CODE OF ORDINANCES OF THE CITY OF WEST UNIVERSITY PLACE.
TEXAS. TO PROHIBIT THE POSSESSION OF A BURNING TOBACCO
PRODUCT AND THE SMOKING OF TOBACCO UNDER CERTAIN
CIRCUMSTANCES; PRESCRIBING A PENALTY; AND CONTAINING
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT.
WHEREAS. there is increasing evidence that tobacco smoke is a
danger to the health of the general public. especially in confined
spaces; and
WHEREAS. Section 48.01 of the Texas Penal Code prohibits smoking
tobacco in a facility of a public primary or secondary school or an
elevator. enclosed theater or movie house. library. museum. hospital.
transit system bus. or intrastate bus. plane or train which is a public
place; and
WHEREAS. the City Council desires to regulate smoking and tobacco
in additional places in the city;
NOW, THEREFORE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE. TEXAS
Section 1. That the Code of Ordinances of the City of West
University Place. Texas is hereby amended by adding a new Article V
(Section 12-91). which new Article (and Section) shall read as follows:
Article V. Smoking Tobacco, Etc.
Sec. 12-91. Certain Conduct Prohibited
(a) A person cOllll1i ts an offense if he is in possess i on of a
burning tobacco product or smokes tobacco in any of the
following places:
(1) in certain City-owned buildings: specifically City Hall.
Fire Station. Police Building. Library. COIIIIIunity Building.
Senior Services Wing. Colonial Park Building including the
swimming pool and deck area; or
(2) in a public place within any other building. if the place
is used for. or in connection with, a restaurant. or any
other retail or commercial business.
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Ordinance Number 1403
(b) It is a defense to prosecuti'on under this section that the
place in which the offense takes place does not have
prominently displayed a reasonably sized notice that smoking
is prohibited in such place. It shall be the duty of the
owner and each person in possession or control of a
non-City-owned place where smoking is prohibited by this
section to cause such notices to be displayed at all times.
(c) It shall be a defense to prosecution under this section that
the place within which the offense takes place is not
equipped with facilities for extinguishment of smoking
materials. It shall be the duty of the owner and each person
in possession or control of a non-City-owned place where
smoking is prohibited by this section to cause the place to
be so equipped at all times.
(d) It is an exception to the application of this section if the
person is in possession of the burning tobacco product or
smokes tobacco exclusively within an area designated for
smoking tobacco. A person owning or having possession or
control of a place subject to this section shall not permit
or allow the designation of a smoking area which is larger,
proportionally. than the number of persons normally
requesting a smoking area in that place.
(e) Nothing in this section shall be construed to repeal or
excuse compliance with smoking prohibitions imposed by
Chapter 9 of thi s Code or the fi re code referred to in
Chapter 9.
(f) An offense under this section is punishable by a fine not to
exceed $200.
(g) Words and phrases used in this section shall have the same
meanings as in Section 48.01 of the Texas Penal Code. unless
the context otherwise requires.
Section 2. All ordinances and parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 3. If any word, phrase, clause, sentence, paragraph,
section or other part of this ordinance or the application thereof to
any person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the remainder
of this ordinance and the application of such word. phrase. clause,
sentence. paragraph. section or other part of this ordinance to any
other persons or circumstances shall not be affected thereby.
Section 4. The City Council officially finds. determines and
declares that a sufficient written notice of the date. hour. place and
subject of each meeting at which this ordinance was discussed.
considered or acted upon was given in the manner required by the Open
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Ordinance Number 1403
Meetings Law, TEX. REV. CIV. STAT. ANN. Art. 6252-17, as amended,
and that each such meeting has been open to the public as required by
law at all times during such discussion, consideration and action. The
City Council ratifies, approves and confirms such notices a the
contents and posting thereof.
Section 5. This ordinance takes effect on the tenth day following
its publication as required by the City Charter.
PASSED AND APPROVED ON FIRST READING this the 24th day of
June , 1991.
Voting Aye:
Mayor Johnson, Councilmembers
lly, Duke, Lang
Voting No:
Absent.:
None
Councilmember Jenkins
PASSED AND APPROVED ON SECOND AND FINAL READING this 8th
day of July, 1991,
Voting Aye:
Mayor Johnson, Councilmembers Kelly, Duke, Lang
and \Jenki ns
Voting No:
Absent:
None
None
Signed:
ATTEST:
Audrey NTcho 1 s
City Secretary
Approved as to Form:
(SEAL)
James L, Dougherty ;~Jr'.-
City Attorney
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