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HomeMy WebLinkAbout028007 ORD - 12/16/2008AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND SANITATION, SECTION 23-76, SMOKING PROHIBITIONS, TO REPEAL THE EXISTING PROVISIONS OF THE SECTION AND ENACT NEW PROVISIONS REGARDING SMOKING; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 23, Section 23-76, Smoking Prohibitions, of the Code of Ordi- nances is repealed in its entirety and new provisions are enacted for Section 23-76 to read as follows: "Sec. 23 76. Smoking prohibitions. "(a) Doc/oration of policy. It is the intent and purpose of this section to provide "(b) Regulations to provide clean air. ire "a. Public facilities. Public ar as of indoor facilities and indoor ar as municipal facility. "b. Groceries. Retail or wholesale premises which offer foodstuffs for sale, except for restaurants, or other eating places and taverns, as provided for in subsection (b)(1)e. of this section. 028007 I iV IltVfffl the -public. designated fo. ..L' safes. EHord251 Ver3.doc Page 2 of 11 "4. An "outsidc coating arca" moans a c ating ar a for patrons EHord251 Ver3.doc Page 3 of 11 ccventy five (75) per cent of the establishment's gro°e revenue "f. Entertainment. "1. Facilities open to the public to exhibit motion pictures, stage smoking. "2. In movie houses, the message "SMOKING IS PROHIBITED" the public either free or through the sale of tickets. EHord251 Ver3.doc Page 4 of 11 designated -smoking -areas, "(2) A clearly visible sign with the words "SMOKING IS PROHIBITED BY responsible to: ill -designated -areas, EHord251 Ver3.doc Page 5 of 11 permit the director of health or his designees entrance to the facility to said persons, and any or all may be prosecuted for violation hereof. terve official noticcs of violation of this article. "(f) Violations. "(1) A person who violates any part of this section commits an offence appropriate k and declaration of this section. "(h) Miccenaneeu- "(1) Nothing herein shall be construed to permit the smoking of any substahae-otherwise4Ilegak "(3) This section shall take effect September 1, 1986." EHord251 Ver3.doc Page 6 of 11 "Section 23-76. Smoking prohibitions. "(A) Declaration of policy. It is the intent and purpose of this section to provide citizens' protection from exposure to tobacco, or other, 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 nonsmokers 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 nonsmokers when disputes arise. "(8) The following definitions shall apply to this section: "Cigar bar means an establishment used primarily for the sale of cigar and cigar -related products, which sales constitute more than 40% of the total retail sales of the establishment and in which the serving of alcoholic beverages are incidental to such retail operations. "Home occupation means any professional or commercial activity which is carried on wholly within a residential building by a member, or members, of a family residing on the premises, in connection with which there are no persons outside the family employed, and which use is otherwise in compliance with the zoning ordinance provisions. When within the previously stated requirements, such home occupation shall be considered a private residence for purposes of this section except when being used as a child care, adult day care, or health care facility. "Private club means an organization, whether incorporated or not, which (1) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (2) is operated solely for a fraternal purpose but not for pecuniary gain, (3) only sells alcoholic beverages incidental to its operation, (4) conducts its affairs and management through a board of directors, executive committee, or similar body chosen by the members at an annual meeting, (5) has established bylaws or a constitution to govern its activities, and (6) has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. "Public building means any building other than a building used as a private residence, unless such residence is being used as a child care, adult day care, or health care facility. If a portion of a building is used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building," as used in this section, shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. EHord251 Ver3.doc Page 7 of 11 "Retail tobacco store means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other non -tobacco products is incidental. "Smoke or smokinq means inhaling, exhaling, or burning any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form. "(C) It shall be unlawful for any person to perform the following acts in any public building in the City or within ten (10) feet of an entrance used by the public to any public building except in passing: "(1) Smoke; "(2) Carry a lighted cigar, cigarette, or tobacco -containing pipe; or "(3) Light a cigar, cigarette, or tobacco -containing pipe. "(D) Posting of signs; removal of ashtrays. "(1) "No Smoking" signs 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 and conspicuously posted at every entrance of a public building where smokinq is prohibited by this section. "No Smoking' signs or the international "No Smoking" symbol shall be posted by the owner, operator, manager, or other person in control of the premises. "(2) All ashtrays and smokinq paraphernalia must be removed by the owner, operator, manager, or other person in control of the premises from any area where smokinq is prohibited by this section. "(E) It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within ten (10) feet of an entrance used by the public to any public building: "(1) Ashtrays; "(2) Smoking paraphernalia; or "(3) Signs that indicate that smokinq is permitted. "(F) The provisions of this section do not apply to retail tobacco stores and cigar bars so long as smoke from these places does not infiltrate into areas where smokinq is prohibited under this section. EHord251 Ver3.doc Page 8 of 11 "(G) The provisions of this section do not apply to private clubs so long as smoke from these places does not infiltrate into areas where smoking is prohibited under this section; however the provisions of this section do apply to a private club when such club is being used for a function to which the general public is invited. "(H) The provisions of this section do not apply to a bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Texas Occupations Code, if: "(1) An enclosed smoking area is provided; "(2) The smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area; "(3) No one under the age of 18 is admitted to the smoking area; "(4) Patrons do not enter or exit the facility through the smoking area; and "(5) Patrons do not have to access or cross through the smoking area to utilize any ancillary services of the facility which are available to any patron or employee of the facility, such as public restrooms, cashier counters, con- cession areas, etc. "(H) (I) Nothing in this section may be construed to prohibit smoking on outside patios, such as those located at bars, lounges, nightclubs, taverns, and restaurants, if otherwise conducted in compliance with this section, applicable city fire prevention ordinances, and State alcoholic beverage laws. "(q (I) No area may be designated for smoking by an owner, operator, manager, or other person in control of the premises where prohibited by the city's fire prevention ordinances or another agency having jurisdiction. "(J) (K) Inspection; enforcement. "(1) The owner, operator, manager, or person in control of any premises subject to this section shall permit the director of health, or the director's designees, entrance to the premises to determine compliance with this section. Such responsibility belongs to all of said persons, and any or all may be prosecuted for a violation of this section. "(2) The director of public health and the director's designees are authorized to serve official notices of violations of this section. "(3) Any person who violates any part of this section commits an offense punishable under sections 1-6 and 1-6.1 of the Code of Ordinances. EHord251 Ver3.doc Page 9 of 11 "(K) (L) Miscellaneous. "(1) Nothing in this section may be construed to permit the smoking of any substance otherwise illegal. "(2) 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 State law." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1-6 and 1-6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The provisions of this ordinance are effective on and after April 15, 2009. EHord251 Ver8.doc Page 10 of 11 That the foregoing orpayee was riscl7r the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Of) Michael McCutchon That the f re�o?ing ordinance was -'rgg�^a-dI for the second time and was finally passed on this the ?1`Kt- day of 'htCf�A I , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly No 0 Priscilla G. Leal IVp John E. Marez No Nelda Martinez Michael McCutchon /47__ PASSED AND APPROVED this the he day of CC13,e 02.I1l,9-CA , 2008. ATTEST: Armando Chapa " Henry Garr City Secretary Mayor APPROVED as to form: December 16, 2008 / Eliz. • -th R. Hundle IFAs ant City Attorney for the City Attorney 028007 EHord251 Ver3.doc EFFECTIVE DATE /`';.2009 Page 11 of 11 State of Texas County of Nueces } } PUBLISHER'S AFFIDAVIT CITY OF CORPUS CHRISTI Ad # 5886674 PO # Before me, the undersigned, a Notary Public, this day personally came JENNIFER HOBBS, who being first duly sworn, according to law, says that she is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER, namely, the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDI NANCE NO. 0280°which the annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the 12/22/2008,12/22/2008. $ 114.21 1Time(s) S REPRESENTIVE On this c_ -day of ���� Cb u 2 S () I certify that the attached document is a true and an exact copy made by publisher. °WENN J. MEDINA MY COMMISSION EXPIRES August2, 2012 N. ary Public, State of Texas 6F • Monday • December 22; 2008 • CALLER TIMES Legal Notices 1110 NOTICE OF PASSAGE OF ORDI- NANCE NO. 028007 Amending the Code of .Ordinances, Chapter 23, Health and Sanita- tion, Section 23-76, Smoking Prohibitions, to repeal the existing. provisions of the sec- tion and enact new provisions regarding 'smoking; providing for penalties; providing for publication and provid- Ing for an effective date. This ordinance shall take effect begin- ning April 15, 2009. This -ordinance was passed and approved on its second reading by the City Council of the City of -Corpus Christi on December 16, 2008. is/Armando Chapa City Secretary City of Corpus Christi