HomeMy WebLinkAboutD-2462-19 Regulates Smoking SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Rider
1 ORDINANCE NO.D-2462-19
2 (AS AMENDED)
3
4 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
5 AMENDING CHAPTER 6,ARTICLE 5,DIVISION VIII,SECTIONS 6-157 and 6-161 OF THE
6 CARMEL CITY CODE.
7
8 Synopsis: Ordinance regulating Smoking and the use of Electronic Nicotine Delivery Systems
9 ("e-cigarettes") in public places.
10
11 WHEREAS, the City of Carmel (the "City") already regulates smoking in public places within the
12 City's corporate limits and, due, in part, to the known risk of secondhand smoke resulting in diseases in
13 healthy nonsmokers that include heart disease, stroke, respiratory disease, and lung cancer, fmds it necessary
14 to provide greater protection to the public health in providing comprehensive smokefree regulation; and
15
16 WHEREAS, in reviewing 11 studies concluding that communities see an immediate reduction in
17 heart attack admissions after implementing comprehensive smokefree laws, the Institute of Medicine of the
18 National Academies concluded that data consistently demonstrate that secondhand smoke exposure increases
19 the risk of coronary heart disease and heart attacks and that smokefree laws reduce heart attacks; and
20
21 WHEREAS, the U.S. Surgeon General's Office has stated that the use of e-cigarettes among youth
22 and young adults is a major public health concerns because secondhand aerosol from an e-cigarette is not
23 harmless water vapor; and
24
25 WHEREAS, the aerosol created by e-cigarettes can contain ingredients that are harmful to the
26 public's health, including: nicotine; ultrafme particles; diacetyl (a chemical linked to serious lung disease);
27 volatile organic compounds (such as benzene, which is found in car exhaust); and heavy metals (such as
28 nickel, tin, and lead); and
29
30 WHEREAS, the City of Cannel may regulate the introduction of substances and odors into the air to
31 protect the public health and welfare; and
32
33 WHEREAS, Common Council of the City of Cannel now fmds that it is in the public interest to now
34 amend City Code Chapter 6, Article 5, Division VIII, Sections 6-157 and 6-161, so as to provide
35 comprehensive regulation of smoking and the use of e-cigarettes in public places.
36
37 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Cannel,
38 Indiana, as follows:
39
40 Section 1. The foregoing Recitals are fully incorporated herein by this reference.
41
42 Section 2. The following subsections of Carmel City Code Sections 6-157 and 6-161 are hereby
43 amended and shall read as follows:
44
45
46
47
48 Ordinance D-2462-19 Version C—Finance, Utilities, and Rules Committee Meeting July 9, 2019
49 Page One of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Ridei
50 § 6-157 Smoking Prohibited in the Carmel City Hall.
51
52 (a) Definitions.
53
54 Carmel City Hall. That structure at One Civic Square, Carmel, Indiana, including but not limited to all
55 areas within said building or any additions thereto.
56
57 E-cigarette. Any electronic device, such as,but not limited to, one composed of heating element(s),
58 battery(ies), and/or electronic circuit(s), that can be used by a Person in any manner for the purpose of
59 inhaling a vapor or cloud or aerosol of any substance, including,but not limited to,plant based and non-plant
60 based products, nicotine and/or tetrahydrocannabinol, from the device.
61
62 Person. Any man, woman, or child,regardless of age.
63
64 Smoke or Smoking.
65 a. To ignite or cause to be ignited or carry/hold any ignited tobacco or a tobacco product or derivative
66 or plant product intended for inhalation, including, but not limited to, tobacco, marijuana, or
67 derivative(s)thereof; or
68 b. To use any E-cigarette or similar device; or
69 c. To use any product or device for the purpose of circumventing the prohibition of Smoking in this
70 Section;
71 such that the product, derivative, and/or device emits a gas or cloud or aerosol, in any form or any manner,
72 which may commonly be understood to be smoke or vapor, that may be or is intended to be inhaled by a
73 Person.
74
75 (b) Prohibition. Smoking is prohibited while within Carmel City Hall or within ten (10) feet of any
76 public entrance or exit to Carmel City Hall.
77
78 § 6-161 Smoking Prohibited in Work Places and in Public Places.
79
80 (a) Definitions. The following words and phrases, whenever used in this Section, shall be construed as
81 defined herein:
82
83 Business(es) shall mean all sole proprietorships, partnerships,joint ventures, corporations, and other
84 business entities, either for-profit or not-for-profit, including,but not limited to,retail establishments where
85 goods or services are provided to the public, and other entities where accounting, counseling, legal, medical,
86 dental, engineering, architectural, or other professional services are delivered.
87
88 City shall mean the City of Cannel, Hamilton County, Indiana.
89
90 E-cigarette shall mean any electronic device, such as,but not limited to, one composed of heating
91 element(s),battery(ies), and/or electronic circuit(s),that can be used by a Person in any manner for the
92 purpose of inhaling a vapor or cloud or aerosol of any substance, including,but not limited to,plant based
93 and non-plant based products,nicotine and/or tetrahydrocannabinol,from the device.
94
95 Employee(s) shall mean all Persons who are employed by an Employer in consideration for direct or
96 indirect monetary wages or profit, and all Persons who volunteer their services.
97 Ordinance D-2462-19 Version C—Finance, Utilities, and Rules Committee Meeting July 9, 2019
98 Page Two of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Rider
99 Employee Location(s) shall mean all areas under the control of public or private Employers, including,
100 but not limited to, work areas,private offices,Employee lounges, restrooms, conference rooms, meeting
101 rooms,classrooms,cafeterias,hallways, construction sites, temporary offices, and vehicles.
102
103 Employer(s) shall mean all Persons, Businesses, companies,partnerships, associations, municipal
104 corporations, trusts, and not-for-profit entities that employ the services of one or more Employees.
105
106 Enclosed or Enclosed Area(s) shall mean all spaces closed in by roofs, ceilings, or other overhead
107 coverings of any material, as well as by walls, doorways, or windows, whether open or closed, or other side
108 coverings of any material on at least two sides of same. A wall includes any retractable divider, garage door,
109 or other physical barrier, whether temporary or permanent and whether or not containing openings of any
110 kind.
111
112 Health Care Facility(ies) shall mean all offices and institutions providing care for or treatment of
113 diseases, whether physical,mental, or emotional, or other medical, physiological, or psychological
114 conditions, including but not limited to,hospitals, rehabilitation hospitals, weight control clinics,nursing
115 homes,homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors,physical
116 therapists,physicians, dentists, and all specialists within these professions, as well as all waiting rooms,
117 hallways, private rooms, semi-private rooms, and wards within same.
118
119 Person shall mean any man,woman, or child, regardless of age.
120
121 Private Club shall mean an organization, whether incorporated or not,that is the owner, lessee,or
122 occupant of a building or portion thereof used exclusively for club purposes at all times, that is operated
123 solely for a recreational, fraternal, social,patriotic,political,benevolent,or athletic purpose,but not for
124 pecuniary gain, and that only sells alcoholic beverages incidental to its operation. The affairs and
125 management of the organization are conducted by a board of directors, executive committee, or similar body
126 chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution
127 to govern its activities and is exempt from federal income taxation under 26 U.S.C. 501.
128
129 Public Place(s) shall mean all areas, whether owned publicly or privately,to which the public is invited
130 or in which the public is permitted, including,but not limited to,the following:
131
132 a. Aquariums, galleries, libraries, and museums;
133 b. Areas available to the general public in businesses and non-profit entities patronized by the
134 public, including but not limited to,banks, laundromats, professional offices, and retail service
135 establishments;
136 c. Bars and taverns;
137 d. Bingo facilities;
138 e. Child care and adult day care facilities;
139 f. Convention facilities;
140 g. Educational facilities,both public and private;
141 h. Elevators;
142 i. Gambling facilities;
143 j. Health Care Facilities;
144 k. Hotels and motels;
145
146 Ordinance D-2462-19 Version C—Finance, Utilities, and Rules Committee Meeting July 9, 2019
147 Page Three of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Rider
148 1. Lobbies,hallways, and other common areas in apartment buildings, condominiums,trailer parks,
149 retirement facilities,nursing homes, and other multiple-unit residential facilities;
150 m. Parking structures;
151 n. Polling places;
152 o. Public transportation vehicles, including buses and taxicabs,under the authority of the City of
153 Carmel and public transportation facilities, including bus,train, and airport facilities;
154 p. Restaurants;
155 q. Restrooms, lobbies,reception areas,hallways, and other common-use areas;
156 r. Retail stores;
157 s. Schools and school buses;
158 t. Service Lines;
159 u. Shopping Malls;
160 v. Recreational Areas;
161 w. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas,
162 lectures, musical recitals, or other similar performances;
163 x Vehicles when used commercially to transport members of the public for profit.
164
165 The term excludes private residences, except when the private residence is used as a child care facility, or
166 adult day care facility, or as Health Care Facility.
167
168 Recreational Area(s) shall mean all sports pavilions, stadiums, athletic fields, gymnasiums,health spas,
169 swimming pools,roller or ice rinks,bowling alleys, multiuse paths, trails, and parks located within the City's
170 corporate limits, and other similar places where members of the public assemble to engage in physical
171 exercise or recreation,participate in athletic competition, or witness sports or other events. The term
172 excludes all outdoor areas of golf courses.
173
174 Retail Tobacco Store(s) shall mean all retail stores that are not tobacco departments of larger
175 commercial establishments (i.e., grocery stores, department stores, and discount stores)that:
176
177 a. Are utilized primarily for the sale of tobacco and/or smoking-related products including,but not
178 limited to,cigarettes, cigars, tobacco, pipes, cigarette paper, lighters, E-cigarettes, and/or e-liquids;
179 and
180 b. Are not licensed for the consumption of meals or alcoholic beverages on the premises nor
181 operated in conjunction with another Business that is licensed for the on-premises consumption of
182 meals or alcoholic beverages; and
183 c. Are a retail store in which the sale of tobacco and smoking-related products accounts for 66% or
184 more of the store's gross sales; and
185 d. Prohibits all Persons under the legal age to lawfully Smoke from entering the premises; and
186 e. Does not share a ventilation system with any other business, entity, or residential property.
187
188 Service Line means an indoor or outdoor line in which one (1) or more Persons are waiting for or
189 receiving service of any kind, whether or not the service involves the exchange of money, including but not
190 limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
191
192 Shopping Ma11(s) shall mean all enclosed public walkways or hall areas that serve to connect retail or
193 professional establishments.
194
195 Ordinance D-2462-19 Version C —Finance, Utilities, and Rules Committee Meeting July 9, 2019
196 Page Four of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Rider
197 Smoke or Smoking shall mean:
198
199 a. To ignite or cause to be ignited or carry/hold any ignited tobacco or a tobacco product or
200 derivative or plant product intended for inhalation, including,but not limited to,tobacco,marijuana,
201 or derivative(s)thereof;
202 b. To use any E-cigarette or similar device; or
203 c. To use any oral product or device for the purpose of circumventing the prohibition of Smoking in
204 this Section;
205 such that the product, derivative, and/or device emits a gas or cloud or aerosol in any form or any manner,
206 which may commonly be understood to be smoke or vapor,that may be or is intended to be inhaled by a
207 Person.
208
209 (b) Areas Smoking is prohibited.
210
211 (1) Smoking is prohibited in, and within ten(10)feet of:
212
213 A. All Enclosed Public Places within the City's corporate limits;
214 B. All Enclosed Employee Locations within the City's corporate limits. This Smoking
215 prohibition shall be communicated by Employers to all existing Employees on or before the
216 effective date of this Section, and to all prospective Employees upon their application for
217 employment;
218 C. All private and semi-private rooms in nursing homes;
219 D. All hotel and motel guest rooms;
220 E. All outdoor Recreational Areas; and
221 F. All outdoor seating that is owned by the City or the Carmel Redevelopment Commission
222 ("CRC") and all other outdoor seating that has been approved by the City or CRC and is
223 located on City or CRC owned property.
224
225 (2) Notwithstanding any other provision of this Section to the contrary, Smoking shall not be
226 prohibited in:
227
228 A. Private residences, except when used as a child care facility or adult day care facility or as
229 Health Care Facility.
230 B. Private vehicles when not being used in the service of an Employer or when not being used
231 commercially to transport members of the public for profit.
232 C. Any Enclosed Area of a Retail Tobacco Store within the City's corporate limits that:
233 1. Previously existed as a physical retail store within the City's corporate limits on or
234 before July 1, 2019; and
235 2. Since July 1, 2019,has been in continuous operation as a Retail Tobacco Store at
236 the same physical location within the City's corporate limits.
237 D. Any Enclosed Area of a bar or tavern within the City's corporate limits that:
238 1. Holds a beer, liquor and/or wine retailer's permit under the laws of Indiana; and
239 2. Allows no Person to enter therein who is under the age of twenty-one(21); and
240 3. Employs no Person therein who is under the age of twenty-one(21); and
241 4. Is not physically located within a Business otherwise required to be smoke-free
242 pursuant to this Section; and
243
244 Ordinance D-2462-19 Version C—Finance, Utilities, and Rules Committee Meeting July 9, 2019
245 Page Five of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Rider
246 5. On or before July 1, 2019,had provided written notice to the City
247 Attorney/Corporation Counsel that it intended to allow Smoking and that it met all of
248 the criteria entitling it to an exemption;
249 6. Since July 1, 2019, has continuously met the criteria entitling it to an exemption
250 under this subsection(b)(2)(D); and
251 7. Since July 1, 2019,has been in continuous operation as a bar or tavern at the same
252 physical location within the City's corporate limits.
253 E. Private Clubs within the City's corporate limits.
254
255 (3) Any Business or Private Club claiming an exemption pursuant to this Section shall provide to
256 any City official, within two business days from the date of demand, adequate written proof showing
257 that it qualifies for the exemption claimed. Such written proof shall be certified under the penalties
258 for perjury by an authorized representative of the Business or Private Club.
259
260 (4) All ashtrays and other Smoking paraphernalia in Public Places and Employee Locations
261 regulated by this Section shall be removed by the owner, operator, manager or other Person having
262 control of same.
263
264 (5) No Person or Employer shall discharge,refuse to hire, or in any manner retaliate against any
265 Employee, applicant for employment, or customer because that Employee, applicant, or customer has
266 exercised any right afforded by this Section or reports or attempts to prosecute any violation of this
267 Section.
268
269 (c) Enforcement and penalties.
270
271 (1) This Section may be enforced by:
272
273 A. The Director of the Department of Community Services and/or his/her designee(s),
274 B. The Fire Department Marshal and/or his/her designee(s), and/or
275 C. The Police Department Chief and/or the Chief's designee(s).
276
277 (2) Any citizen who desires to register a complaint under this Section may do so through the Office
278 of Corporation Counsel.
279
280 (3)Owners, managers, and operators of Businesses,Public Places, and/or Employee Locations
281 regulated by this Section shall inform all Persons located therein whom they observe Smoking in
282 violation of this Section of the provisions of this Section, and shall ask such Persons to refrain from
283 Smoking in any area or location in which Smoking is prohibited.
284
285 (4) It shall be the obligation and duty of the owner, manager, or operator of any:
286
287 A. Bar or tavern that elects to be exempted from the provisions of this Section, pursuant to
288 subsection(b)(2)hereof, to ensure that no Person(s) under the age of 21 are allowed to enter
289 therein in violation of this Section;
290 B. Retail Tobacco Store that elects to be exempted from the provisions of this Section,
291 pursuant to subsection(b)(2)hereof, to ensure that no Person(s)under the legal age to
292 lawfully Smoke are allowed to enter therein in violation of this Section.
293 Ordinance D-2462-19 Version C—Finance, Utilities, and Rules Committee Meeting July 9, 2019
294 Page Six of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
Campbell,Carter,and Rider
295 (5) Any Person who engages in the act of Smoking in any Public Place, Employee Location, or in
296 any other establishment, area,or location wherein Smoking is prohibited by this Section, as well as
297 any Person who owns, manages, operates, or controls the same and who fails to comply with the
298 provisions of this Section, shall be subject to a fine not to exceed$50 for the first violation of this
299 Section in a calendar year, with all subsequent violations of this Section in the same calendar year
300 being subject to a fine of not less than$75 and not more than$500 for each such violation.
301
302 (6) In addition to the fines established by this Section, the violation of this Section by any Person
303 who owns, manages, operates, or controls any Public Place, Employee Location, or any other
304 establishment, area, or location regulated by this Section, including those Public Places,Employee
305 Locations, establishments, areas, and/or locations that are exempted under this Section, may result in
306 the revocation of any exemption provided under this Section and/or the suspension or revocation of
307 any permit or license issued to said Person by the City for the premises in or on which the violation
308 occurred.
309
310 (7) Each day on which a violation of this Section occurs shall be considered a separate and distinct
311 violation.
312
313 (8) This Section does not and shall not be interpreted as permitting Smoking in any establishment,
314 area or location where it is otherwise restricted by any other applicable law,nor to prohibit any
315 property owner from imposing on his or her property a Smoking ban that is more restrictive than that
316 imposed by this Section.
317
318 (9) This Section shall be construed broadly to effectuate the purposes described herein.
319
320 Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance
321 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such
322 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other
323 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to
324 the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties
325 shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been
326 adopted.
327
328 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of
329 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance
330 so long as enforcement of same can be given the same effect.
331
332 Section 5. This Ordinance shall be in full force and effect from and after the date of its passage
333 and signing by the Mayor and such publication as required by law.
334
335
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341
342 Ordinance D-2462-19 Version C—Finance, Utilities, and Rules Committee Meeting July 9, 2019
343 Page Seven of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.
SPONSOR(S): Councilors Finkam,Worrell,
thCampbell^ Carter,and Rider
344 PASSED by the Common Council of the City of Carmel, Indiana, this l� day of J (y , 2019,
345 by a vote of —7 ayes and hays.
346
347 jJJCOMMO UNCIL FOR THE CITY OF C
348
349 �
350 Jeff W el ident An y Gr
351
352
353 f'p 1 .
354 aura D. Campbell, Vice-President H. Bruce Kimball
355 7-
356 7
357
358 R ald E. Carter Kevin D. Rider
360 ,360
361 `diaitaI
362 S
363
364 • EST:
365 ... \
366 4 e S. Paule , Clerk-Treasurj
367
368
369 Presence b me the Mayor of the City of C ell/Indiana i day of
370 2019, at! 0 6 P. .
371
372
373 Christine S. Pauley, Cle reasurer
374
375 /
376 Approved •by me, Mayor of the City of armel, Indiana, this day of
377 ��/i 2019, at d/�.ZS./M.
378
379
380 J es Brainard, Mayor
381
382
383
384 Christine S. Paule rk-Treasure
385 %
386
387
388
389
390 Ordinance D-2462-19 Version C -Finance, Utilities, and Rules Committee Meeting July 9, 2019
391 Page Eight of Eight
This Ordinance was prepared by Benjamin J. Legge, Assistant Corporation Counsel, on 7/15/19 at 5:41 p.m. It may have been
subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Mr.Legge for legal sufficiency or
otherwise.