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Home My WebLink AboutD-1810-06 FAILED/Smoking Ban SPONSOR: Councilor Joseph C. Griffiths ORDINANCE D-1810-06 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL IN IANA AMENDING CHAPTER 6 ARTICLE 5 DIVISION VIII SECTIONS 6-161 3 AND 6-161(c)(1) OF THE CARMEL CITY CODE WHEREAS, numerous studies have found that tobacco smoke is a major con butor to indoor air pollution, and that breathing second hand smoke can cause diseases in healthy non- okers; and WHEREAS, a significant amount of second hand smoke exposure oc rs in the workplace, with employees who work in smoke-filled businesses suffering an increased ris of heart attacks, as well as higher rates of death from cardiovascular disease and cancer, an increase i ~te respiratory diseases and a measurable decrease in lung functions; and ~ ~~ WHEREAS, smoke-filled workplaces result in highe~ e~ of worker absenteeism due to respiratory disease, as well as in lower employee pro~ity, . creased health insurance rates and an increase in liability claims for diseases related to exp~/~1se nd hand smoke; and WHEREAS, it is in the best interests of ~ ~h, afety and welfare of the City's residents and visitors to now prohibit smoking in those bars an~ ~ems urrently exempted from the City's no-smoking law; and C'X WHEREAS, Carmel Police Offijl1l x,: be included amongst those City officials authorized and empowered to enforce the CitY'~-~n aw. NOW, THEREFORE, ~ 0 AINED by the Common Council of the City of Carmel, Indiana, as follows: Section I: The ~e' Is are incorporated herein by this reference. Section 2: Carm~y sl;;ue Chapter 6, Article 5, Division VIII, Section 6-161(b)(3), should be and the same is hereby amende 0 read as follows: Sec. 6.161 (b)(3): "(3) 1I0wing establishments, areas and locations shall be exempt from the Smoking prohibitions set fo in Subsections (b)(i) and (ii) above, provided that no smoke from Smoking activities conducted erein or thereon enters any area or location in which Smoking is otherwise prohibited by this Section, to.wit: (a) Private residences, except when used as licensed child care or adult day care facilities or as Health Care Facilities. (b) Any vehicle used by an Employee while in the service of an Employer when the vehicle is occupied only by that Employee. The initial draft of this document was prepared by Douglas C. Haney, Canmel City Attorney, on May 24, 2006 . Any changes thereafter made to this document are the sole responsibility of the document sponsor. [Z:\LFine 0 Drive\Files\Ordinances\2006\DM1810-06.doc:: Last Printed 6/20/2006 1] :32 AM] SPONSOR: Councilor Joseph C. Griffiths (c) Private vehicles when not being used in the service of an Employer (d) Family.owned and operated businesses in which all Employees are related to the Business owner by blood or marriage, and the offices of self.employed persons in which all Employees are so related to the self.employed person, but only if no Enclosed Area in these Businesses and offices in which Smoking is permitted is a Public Place. (e) Hotel and motel rooms that are rented to guests and are designated as "smoking rooms," provided that nor more than twenty percent (20%) of the rooms rented to guests in a hotel or motel are designated as "smoking rooms." (f) Retail Tobacco Stores. (g) Private and semi.private rooms in nursing homes and 10ng.term,Health Care Facilities that are occupied by one (1) or more persons, all of whom have requested in writing to be placed in a room where smoking is permitted, (h) Any Tobacco Bar. (i) Any Business that: (1) Is exempt from federal income taxation under 26 U,S.C. 501 (c); and (2) Is a "club" as that term is delined in I.e. 7.1.3.20.1, or a '1raternal club" as that term is defined by I.C. 7.1.3.20.7; and ' (3) Holds a beer, liquor and/or wine retailer's permit under the laws of Indiana; and (4) Provides food or alcoholic beverages only to its bona fide members and 'their guests." Section 3: Carmel City Code Chapter 6, Article 5, Division VIII, Section 6-161(c)(1), should be and the same is hereby amended to read as follows: Sec.6-161(c)(1): "(1) This Section may be enforced by: (1) The Director of the Department of Community Services and his designees (2) The Fire Department Marshall and his designees (3) The Police Chief and any sworn officer of the Carmel Police Department." Section 4. The remaining provisions of City Code Section 6-161 are not affected by the above amendments and remain in full force and effect according to their terms. Ordinance No. D-1810-06 Page Two of Three Pages The initiel draft of this document was prepared by Douglas C, Haney, Carmel City Attorney, on May 24, 2006 . Any changes thereafter made to this document are the sole responsibility of the document sponsor. [Z:\E Bass\My Documents\ORDJNANCES\NO SMOKING\SMOKING Ord See 6-161 2nd Amend.doc:: Last Printed 5/24/2006 2:35 PM] SPONSOR: Councilor Joseph C. Griffiths Section 5. All prior City ordinances or parts thereof that are inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 6. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect. rAI~O ~ ,.J!il8SJ'.JJ by the Common Council of the City of Carmel, Indiana, this ~ day of ~ 2006, by a vote of 3 ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Presiding Officer of poseD Joseph C. Griffiths o PP~SeD Richard harp, Presid c OPPose iJ Kevin Kirby C) f~ C)Se D q:17~ ark Rattermann Presented by me to the Mayor ofthe City of Carmel, India 2006, at II: S"t; O'clock, -'i:..-. M. Diana L. Cordray, IAMC, Clerk-T surer Approved by me, Mayor of the City of Carmel, Indiana, this 2006, at O'clock, _' M. day of James Brainard, Mayor Diana L. Cordray, IAMC, Clerk- Tre s rer Ordinance No. D-181O-06 Page Three of Three Pages The initial draft of this document was prepared by Douglas C. Haney, Carmel City Attorney, on May 24,2006. Any changes thereafter made to this document are the sole responsibility of the document sponsor. [Z:\E BasslMy Documents\ORDINANCES\NO SMOKING\SMOK1NG Ord See 6.161 2nd Amend.doc:: Last Printed 5/24/20062:35 PM]