HomeMy WebLinkAboutD-1142 FAILED01/30/05 10:33 ~317.,~=4 4701
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· ' OF CITY OF
~ O~IN~I 6 ,
ECTION 6-157, ~ ~E ~
B~ T INC ~ON OF
~TI E~OKING [
and
property fo~ ~ea~_ o and yellers and
~S a h~an
~V , the he~~~rds i~~ 'by rushing environentaZ
~o~ o-c nst ~c 'on and b ontospa m and
persons ~ho f~e~ent s C~ty vouZd be b~ef~ted by the
~eguZat~on of tobacco smoke ~n designated
enclosed places, inc places of ~plo~ent.
NOW, THEREFORE, BE ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF CARKEL, I , AS FOLLOWS:
Sect1 on T.T. following words and phrases, whenever used
in this Ordinal shall be construed as hereafter set out,
unless it shai be apparent from the content that they have a'
different '.
A,
of
mean an area which is devoted to the serving
and in which the service of food is only
to the consumption of such beverages.
Be
des:
shall mean any board, commission, department,
authority, or other entity (by whatever name
exercising a part of the executive, administrative,
.ative or judicial powers of the City of Camel.
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C. "Employee" shall mean any person who is employed by an
employer in consideration for direct or indirect monetary
wages or profit.
D. "Employer" shall mean any person, partnership,
corporation, including municipal corporations and agencies,
who employ the services of more than three (3) persons.
E. "Enclosed" shall mean closed in by roof and four (4)
walls wi~h appropriate openings for ingress and egress.
F. "Places of Employment" shall any enclosed area under the
control of a public, or private employer or agency which
employees normally frequent during the course of employment,
including but not limited to, work areas, employee lounges,
conference rooms, and employee cafeterias. A place of
private residence shall not be considered a place of business
except as that private residence may be used as a child care
or health care facility.
G. "Smoking" shall mean the carrying or holding of a
lighted cigarette, cigar, pipe or any other lighted smoking
equipment, or the inhalation or exhalation of smoke from any
lighted smoking equipment.
H. ,,SpOrts Arena" shall mean sports pavilions, gymnasiums,
health spas, boxing arenas, swimming pools, roller and ice
rinks, bowling alleys, and other similar places where members
of the public assemble to engage in physical exercise,
participate in athletic competition, or witness sports events.
.Section 1.2 The following sections of Indiana Code are hereby
incorporated into this Ordinance by reference:
13-1-13-4 Smoking in public buildings; infraction.
13-1-13-5 Designation of smoking and nonsmoking areas.
13-1-13-6 Duties of official in charge of public
building.
8ectt.on 1.3 Regulation of Smoking in City _0~ned Facilities.
All enclosed facilities owned by the City of Camel shall be
subject to the provisions of this article.
Section 1.4 P~ohib~tion of. Smoking in Designated [~c]osed Places,
Smoking shall be prohibited in the following places within
the City of Carmel:
(a) All enclosed areas available to and customarily used
by the general public and all businesses patronized by the
public, including, but not limited to, retail stores, hotels
and motels, pharmacies, banks, attorneys' offices and other
offices.
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(b) Within all restaurants having an occupied capacity
of 50 or more persons, provided, however, that this
prohibition does not prevent (1) the designating of a
contiguous area with the restaurant that contains no more
than 60% of the seating capacity of the restaurant an a
smoking area, or (2) the providing of separate rooms
designated as smoking rooms, so long as said rooms do not.
contain more than 60% of the seating capacity of the
restaurant.
(c) Waiting rooms, hallways, wards, and semi-private
rooms of health facilities, including, but not limited to,
hospitals, clinics, physical therapy facilities, doctors~
offices and dentistst offices, except that health facilities
shall also be subject to the provisions of Section 1.5 of
this Ordinance regulating smoking in places of employment.
(d) Elevators, public restrooms, indoor service lines,
buses taxicabs and other means of public transit under the
authority of the City, while within the boundaries of the
County, and in ticket, boarding, and waiting areas of public
transit depots, provided, however, that this prohibition does
not prevent (1) the establishment of separate waiting areas
for smokers and nonsmokers, or (2) the establishment of at
least 40% of a given waiting area as a non-smoking area.
(e) In public areas of museums, galleries.
(f) Enclosed.theaters, auditoriums,.and halls which
are used for motion pictures, stage dramas and musical
performances, ballets or other exhibitions, except when
smoking is part of any such production.
(g} Retail food marketing establishments, including
grocery stores and supermarkets, except those areas of such
establishments set aside for the purpose of serving of food
and drink, restrooms and offices, and areas thereof not open
to the public, which may be otherwise regulated by this
Ordinance.
(h) Public facilities under the control of another
public agency, which are available to and are custom~rily
used by the general public, to the extent that the same are
subject. to the Jurisdiction of the City.
(i) Sports arenas and convention halls, except in
designated smoking areas.
(j) Notwithstanding any other provision of this section,
any owner, operator, manager or other person who controls any
establishment described in this section may declare that
entire establishment as a nonsmoking establishment.
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.~ec~-]-n 1.5 Reaulation of .qmok~g_tD Pla~e8 o~ ~l o~ment
A. It shall be the responsibility of employers to'provide
smoke-free areas ~or nonsmokers within existing facilities to
the maximum extent possible, but employers are not required
to incur any expense to make structural or other physical
modifications in. providing these areas.
B. Within 90 days of the effective date of this Ordinance,
each employer and each place of employment located within the
City shall adopt, implement, make known and malntaln a
written smoking policy, which shall contain at a minimum the
following. requirements:
(1) Prohibition of smoking in conference and meeting
rooms, classrooms,i auditoriums, restrooms, medical
facilities, hallways, and elevators.
(2) Any employee in a place of emp.loyment shall be
given the ripht to desipnate his or her xmmediate work area
as non-smoking area and to post the same with an appropriate
sign or signs, to be provided by the employer. The policy
adopted by the employer shall include a reasonable definition
of the term "immediate work area".
(a) In any dispute arising under this smoking policy,
the rights of the non-smoker shall be given precedence.
(b) Provision and maintenance of a separate and
contiguous non-smaking area of not less than 40% of the
seating capacity and floor space in cafeterias, lunchrooms
and employees lounges.
(c) The smoking policy shall be communicated to all
employees within three weeks of its adoption, and at least
annually thereafter,
(d) Notwithstanding the provisions of Subsection (a) of
this section, every employer shall have the right to designate
any place of employment, or portion thereof,.as a non-smoking
area.
~-ct4on 1.6. ~mOking - Optional Areas
Notwithstanding any other provisions of this Ordinance to the
contrary, the following areas shall not be subject to the
smoking restrictions of'this article:
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(a) Private residences
(b) Bars;
(c) Hotel and motel rooms rented to guests;
(d) Retail stores that deal exclusively in the sale of
tobacco and smoking paraphernalia;
(e) Restaurants, hotel and motel conference or meeting
rooms, and public and private assem~ly rooms while these
places are being used for private functions;
(f) A private residence which may serve as a place of
employment, except when used as a child care or health care
facility;
(g) A private enclosed place occupied exclusively by
smokers, even though such a place may be visited by non-
smokers, and a private enclosed office, excepting places in
which smoking is prohibited by the Fire Department or by any
other law, Ordinance or regulation.
Se~tio33.,.~ po~ting Requirements
"Smoking" or "No Smoking" signs, whichever are appropriate,
with letter of not less the 1" in height or the international
"No Smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red
bar across it) shall be clearly, sufficiently and
conspicuously posted in every building or other place where
smoking is controlled by this article, by the owner,
operator, manager or other person having control of such
building or other place.
Every restaurant regulated by this 0rdinanoe will have posted
at its entrance a sign clearly stating that a nonsmoking
section is available, and every patron shall be asked as to
his or her preference.
8ection_T.8 ~nforcement
Any police officer, fire officer, building inspector or any
other employee or official of the City of Cannel, authorized
to issue a summons, shall do so when observing any violation
of this Ordinance. Such summons shall be delivered upon the
owner or manager of the premises upon which the violation is
observed or upon the individual causing such violations as
the case may be. All violations of said Ordinance shall be
required to appear before the City Court and be subject to
the penalties provided for violations of the provisions of
this Chapter. .
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Sect{ on I. 9 Penalties
A. It shall be unlawful for any person who owns, manages,
operates or otherwise controls the use of any premises
subject to the restrictions of this article to fail to:
properly post signs required hereunder; to provide signs for
the use of employees in designating their areas; to set aside
"No Smoking" areas~ to adopt a smoking restriction policy; or
to apply with other requirements of this article.
B. It shall be unlawful for any person to smoke in any area
restricted by the provisions'of this article.
C. Any person/business who violates SubSections a or B
herein, or any other provisions of this article, shall be
guilty of an infraction, punishable~
(1) A fine, not less than $100, nor more than $500, for
the first violation~
(2) A fine, not less than $200, nor more than $500, for
a second violation of this article within I year;
(3) A fine, not exceeding $500, for each additional
violation of this article within 1 year.
Sec~.,0n. 1,10 N0nretaliation
No person or employer shall discharge, refuse to hire, or in
any manner, retaliate against any employee or applicant for
employment because such employee or applicant exercises any
rights afforded by this chapter.
.Sec~ on 1.11 Other Applio~!e r.awe
This article shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable
laws.
All prior Ordinances or parts thereof inconsistent with any
provision of this Ordinance are hereby repealed.
Section TTT
If any provision or clause of this Ordinance or the
application thereof to any person or circumstances held to
be unconstitutional or to be otherwise invalid by any court
of competent jurisdiction, such invalidity shall not affect
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other Ordinance provisions or clauses or applications thereof
which can be implemented without the invalid provisions and
clauses of this Ordinance are declared to' be severable.
· qect.~ on IV
The Clerk/Treasurer is hereby directed to:
a. Advertise the Ordinance in a manner consistent with
Indiana Code so that it shall take effect and be in force on
September 1, 1995.
b. Send a copy of this Ordinance to the Judge of the
City Court in compliance with City Code, Chapter 2, Article 1,
Section 2-16.
PASSED BY THE COMMON COUNCIL OF THE CITY OF CARKEL, INDIANA,
THIS DAY OF _ , 1995.
Presiding 'off ~Cer "'
ATTEST:
Clerk/Treasurer
PRESENTED by me to the Mayor of the City of Carreel, Indiana,
on the day of , 1995 at the hour of
ATTEST:
Mayor, C'ity'0f'carmel, Indiana
Clerk/Treasurer
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