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Home My WebLink About19338 ORD - 05/27/1986AN ORDINANCE BY AMENDING CHAPTERS23, MOKINGEPROHIBITIONSNIOFTTHEICITY ACODEG SSECTION 23-74, TO PROTECT CITIZENS BY PLACING RESTRICTIONS ON SMOKING WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. • BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 23, Health and Sanitation, is hereby amended by adding Section 23-74 Smoking Prohibitions, to hereinafter read as follows: Sec. 23-74. Smoking Prohibitions I. DECLARATION OF POLICY It is the intent and purpose of this secttorprovide ccitizens protection from exposure to tobacco, smoke by placing restrictions on smoking within the City of Corpus Christi. The provisions of this section are designed to achieve a reasonable balance between the rights of non-smokers to breathe clean air and the wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give preferential treatment to non-smokers when disputes arise. II. REGULATIONS TO PROVIDE CLEAN AIR A. Except as otherwise provided in this section,no '; person shall smoke or carry a lighted cigar, cnoarett pipe or any form of smoking object or device in: (1) Public Facilities Public areas of indoor facilities and indoor lareaareas to: used by the public including, arenas, auditoria, classrooms, clubhouses, courthouses, elevators, gymnasia, public areas of inpatient health care facilities and hospitals, lecture halls, libraries, limosines or buses used to mtranspoertustsrt e public, medical diagnostic centers, museums, public means of mass transportation, public restrooms, public waiting rooms, spas and health clubs, swimming pools, taxicabs, theaters and public areas of any municipal facility. i933sMICROFLIMED (2) Groceries Retail or wholesale premises which offer foodstuffs for sale, except for restaurants, or other eating places and taverns, as provided for in subsection II(A)(5) of this section. (3) Stores All other retail or mercantile establishments patronized by the public. (4) Employee Workplace Auditoria, cafeteria and kitchens, classrooms, conference rooms, employee lounges, employee health care service areas, hallways, lobbies and elevators, meeting rooms, restrooms, and work areas in the indoor portion of those premises in which employees perform duties including, but not limited to clerical, financial, professional, managerial, manufacturing, assembling or packaging of goods, products or merchandise. a. An employer may designate a separate portion or portions of the work area, employees lounge, and cafeteria for smoking. b. In facilities with multiple restrooms an employer may designate one or more for smoking as long as at least one for each gender is designated for non-smoking. (5) Food Service Those portions of the indoor area of cafeterias, coffee shops, diners, luncheonettes, restaurants, sandwich shops, short-order cafes, soda fountains, or other areas of establishments in which food is served, except areas such as bars, cocktail lounges, and/or night clubs where seating is primarily for service of alcoholic beverages, and except designated smoking areas in conformity with the following standards: a. Owners shall ensure that seating provided for non-smokers is 25% of total seating or in direct proportion to the number of customers requesting non-smoking seating, whichever is greater. b. Seating for those requesting seating in non-smoking areas shall be arranged to make maximum use of the air flow provided by the ventilation system. c. The patron waiting area and restrooms in facilities covered by subsection II(A)(5) of this section shall be designated as non-smoking areas, except that separate waiting areas may be provided for smokers. (6) Entertainment a. Facilities open to the public to exhibit motion pictures, stage plays, musical presentations, athletic events, or other performances or events shall confine smoking to the area of the premises commonly known as the lobby, provided the latter is physically separated from the performance area and has been designated for smoking. b. In movie houses, the message SMOKING IS PROHIBITED or equivalent thereof shall be shown on the screen in conjunction with each showing of the feature presentation. B. Other Regulations No area may be designated for smoking where prohibited by the Fire Prevention Ordinances or another agency having jurisdiction. C. Private Functions Smoking restrictions in this section will not apply to those portions of a facility in which private social functions are being held. Also, restrictions will not apply when seating arrangements are under control of the sponsor of a function and not the owner or operator of the facility, except as provided in Sections 36-54 and 36-93 of this Code. A private social function includes private functions or gatherings sponsored by individuals or groups which are limited to invited guests and are not open to the public either free or through the sale of tickets. D. Bowling Lanes Smoking restrictions in this section will not apply to that portion of bowling establishments which contain bowling lanes. E. Shopping Malls Smoking restrictions in this section will not apply to those parts of the common areas of indoor shopping malls which are designated smoking areas. F. Residences Smoking restrictions in this section will not apply to residential buildings including guest room areas of hotels. III. POSTING OF SIGNS In each facility, signs required by this section shall be posted by the activity's or enterprise's owner, operator, manager, or person in charge. Such responsibility belongs to all such persons, and any or all may be prosecuted for violation hereof. Such signs shall be reasonably protected by management from tampering, damage, removal, or concealment. A. Signs must be of a durable material or laminated. B. A clearly visible sign with the words SMOKING IS PROHIBITED BY CITY ORDINANCE/EXCEPT IN DESIGNATED AREAS will be posted at all entries to any facility, in any part of which smoking is prohibited by this ordinance. C. Clearly visible signs using the words SMOKING - PERMITTED IN THIS AREA will be posted in areas in which smoking is permitted. IV. ADDITIONAL RESPONSIBILITIES OF MANAGEMENT The activity's or enterprise's owner, operator, manager, or person in charge of the facility shall also be responsible to: A. Enforce this section by requesting compliance from patrons verbally or by presenting to them a Director's Message Card as promulgated by the Director of Public Health, and by prohibiting employees from smoking except in designated areas. B. Develop and implement a plan of compliance which specifies the area(s) in which smoking is permitted and the manner in which this information is conveyed to the public and all employees. The plan shall be available for inspection by the Director of Health or his designees. Such responsibility belongs to all of said persons, and any or all may be prosecuted for violation hereof. V. INSPECTION AND ENFORCEMENT A. The owner, operator, manager, or person in charge of the facility shall permit the Director of Health or his designees entrance to the facility to determine compliance with this section. Such responsibility belongs to all of said persons, and any or all may be prosecuted for violation hereof. B. The Director of Public Health or his designees shall be authorized to serve official notices of violation of this article. VI. VIOLATIONS A. A person who violates any part of this section commits an offense punishable under Section 1-6 of this Code. B. Failure of any premises to comply with this section within five (5) days of written notice of violation shall be grounds for injunctive relief in the appropriate court. VII. WAIVERS The Director of Public Health shall have the authority to grant a waiver from a specific provision of this section, in a particular case, due to hardship conditions, where such waiver is in harmony with the general purposes and Declaration of this section. VIII. MISCELLANEOUS A. Nothing herein shall be construed to permit the smoking of any substance otherwise illegal. B. When possession of burning tobacco or smoking tobacco is also prohibited by Section 48.01, Texas Penal Code, as to a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, plane, or train which is a public place, such violation shall be prosecuted under said State law. C. This section shall take effect September 1, 1986. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other • section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definit intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. That the Foregoing ordinance wa&read for first time and pP�,psed to its second reading on this the /j day of a q , 19451. , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance waA read for, second time and third reading on this the day of following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong , 19 ssed to its , by the That the fore Ong ordinan was read for the ,third time and passed finally on this the 9 day �f QLj , 19 6iP , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the a7141day of ATTEST: City Secretary APPROVED: DAY OF M ety , 19AL: Assistant City Attsrney MAYOR THE ITY OF CORPUS CHRISTI, TEXAS 19338 STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT tss: AD# 54162 CITY OF CORPUS CHRISTI CITY SECRETARY _ Before me, the undersigned, a Notary Public, this day personally came MDRIEL LA, RIDE ..,._......, who being first duly sworn, according to law, says that he is the SENIOR ACQ.QUNT3;1`81...Q1ERK of the Corpus Christi Caller and The Corpus Christi Times, -Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 19_338 AFJEN'DINq CHAPTER 23, HEALTH AND of which the annexed is a true copy,CALLEiTE`3` f�$ij�1(3 CO. was published in on the._2nd day of JUNE 19 86 and once each... d.a,y, _._ thereafter for o 'Q consecutive 1/a'` one Times. L -14a5 � G✓�u_` MU Subscribed and sworn to before me this 3scb a. RUE JU E 19 86 otary Public( Nucea County, Texas EDNA KOSTER 117307 8 - ... r.oA 11t24 datrP.2.fr 6.i,-.4061.1t,w4; kelt l'411T ....... . ... „Inv. wfivo TIVAGFAIA 4,1',1731-18Uatr,1 i'r.'"EZre-c‘;et City of CorpuChrist NOTICE OF PASSAGE OF OREVNANCE NO. 19338 s AMENQING CHAPTER 23, ..V4.!' HEALTH AN:p SANITATION, • BY ADDING SECTION 23-74, SMOKING PROHIBITIONS, Of THE CITY CODE, TO PRO- TECT CITIZESIS BY PLACING RESTAICTIONS ON SMOKING WITHIN THE CITY OF COR- PUS CHRISTI; PROVIDING FOR SEVERANCE; PROVID- ING rofr PUBLICATION; AND PROVIDING AN EFFECTIVE DATE86OF SEPTEMBER 1. 19 Was passed and approved on third reading by the City Council of the City of Corpus Christi, Texas on the 27th day of May. 1986 and the kill text of said ordinance is available to the public in the Off f. 41Q•92:',4, ,A4.70 .1.433fIld .1:3%kirisbr/t: trielst itpia.41 viScr , . ... 1312.1.1 avtist4) ........ . „„....... bmt say..0.73 ,tsKiff mf.ilo:7) Is Itszklidug A,6678-1\ - • &VP' ,xqt,v)g.gr.il 11/1 g) ..... .. .... ,Cti 9,4 CO S7'iratm;alando Char, s ArCity IF) 611 SITiiCE `7.1 CiSecretaty of Corpus teezzZO 1;1 ........... ..m/Yri° . ..... ...... Cr, aTt3in4 rma