HomeMy WebLinkAboutOrd 1583 - smoking and tobaccobens uy: uoie & uougneriy i »-uou-i4ii
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Ordinance No. 1583
AN ORDINANCE RELATING TO SMOKING AND TOBACCO;
AMENDING THE CODE OF ORDINANCES OF THE CITY OF
WEST UNIVERSITY PLACE, TEXAS; AND CONTAINING
FINDINGS AND PROVISIONS RELATING. TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Sections 12.401, 12.402 and 12.403 of the Code of Ordinances of
the City of West University Place, Texas are hereby amended to read in their
entirety as set out in Appendix A, which is attached and made a part of this
ordinance.
Section 2. This ordinance applies from and after its effective date. Any
violations committed before the effective date are governed by the ordinances in
effect before the effective date, and they are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. 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,
neither the remainder of this ordinance, nor the application of such word, phrase,
clause, sentence, paragraph, section or other part of this ordinance to any other
persons or circumstances, shall be affected thereby.
Section 5. 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 Texas Open Meetings Act, 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 and the contents and posting thereof.
Section 6. This ordinance shall become effective on April 1, 1998.
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PASSED AND APPROVED ON FIRST READING, this Z�ay of
Igoe.
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED ON SECOND READING, thisv of
Az� IOR
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Attest: (Seal)
Reviewed:
City Attorney
MA54osmoke
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Appendix A
See. 12.401. Certain conduct prohibited.
% In general. A person commits an offense i by possessing a
burning tobacco product or smokes smo ng tobacco in, 5F7y uf�t�eet of atratice
to, any of the following places:
(1) sty, -owned certain City facilities buildings: specifically Municipal
Senior Services Wing, Colonial Park Building including the swimming pool
and deck area; or
(2) fit a public place wiW any other enclosed buildings ace in the Cit ,
for in this subchapter.
( Possessing or sniokine tobacco within.premises meeting, all of the following
criteria: (i) the premises are used primarily for sale of alcoholic beverages
barriers that are impermeable to smoke, except for doors kept closed when
Sec. 12.402. Defenses and related duties.
(a) Signs. It is an affirmative defense to prosecution under thissubchapter section 12.401
that there was no reasonably -sized. "smoking prohibited" signplayed at the place of the offense
timt tlie phwe in which the offetme takes places does jact have ,, wz*mnfly displayed a j. m wnably
. It shall be the duty of the owner and each
person in possession or control of a non -City -owned place where smoking is prohibiters by this
subchapter to cause such notices to be displayed at all times.
(b) Extinguishment facilities. It shall be an affirmative defense to prosecution under
section 12.401 that there was no facility for extinguishing smokine materials at the place of the
. 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
subchapter to cause the place to be so equipped at all times.
APPENDIX A Page i
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See. 12.443. Designated smoking areas.
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the area is not larger, proportionally, than the number of persons normally
----.--- -- - - -- -- ---- ---- ----------
requesting a smoking area m tl-iat place;
the area is separatedfrom all other building space by walls and other barriers that
are imperme a to smo e- except or cors t closed wen not to actu use -
the area
se_thearea has separate ventilation. so that virtually none of the air from the area
reaches any other building space:
the area includes only the following building spaces (i) a private office or other
space not gM to the ge4erarl public -gr Oil a nnrtinn of a restaprant n„t to eY!`c
40°fo 2f the number of seats.
the area is cons icuous y marked ash e'lianated attvtUB AP "
all exits fWm the area are plainly marked to ;nd;cate th.+ -o�--vt:4cspxrwir, ofebipited
elsewhere
-
in the same building-
within the area- and at each exit &qm the area thm a*p
there iS pagcdjn the area a t�nrrant ;,,e o.+:..,, s. f' �,..... __ s _ ■_ . ,
(hl Insnectinn r.P •firntoc Tt,a ke.,1�h .,�.,:..t ., ..E : , • ,
under thus
issue a certificate to that effect Thp haatth Offi-
,.;,1 el__
area that appears to he tl[ t of arm Nance Mitb ibis n r,
e
APPENDIX A
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