HomeMy WebLinkAbout898_Part 10 Ch 9_Prohibit Tobacco in Public PlacesT ulsa County Clerk- EARLENE WILSON
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CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 898
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9,
SMOKING AND TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING SMOKING IN CERTAIN
PUBLIC PLACES AND INDOOR WORKPLACES; PENALTIES FOR VIOLATIONS.
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF
ORDINANCES BY CREATING SECTION 10 -912, SMOKING IN CERTAIN PUBLIC
PLACES PROHIBITED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, Smoking and Tobacco, of the
Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying
as follows:
SECTION TWO (2):
SECTION 10 -912 SMOKING IN CERTAIN PUBLIC PLACES PROHIBITED
A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health
and is hereby prohibited when such possession is in any indoor place used by or open to the public,
public transportation, or any indoor workplace, except where specifically allowed by law. As used in
this section, "indoor workplace" means any indoor place of employment or employment -type service
for, or at the request of, another individual or individuals, or any public or private entity, whether
part-time or full -time and whether for compensation or not.
Such services shall include, without limitation, any service performed by an owner, employee,
independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee,
associate, servant, or volunteer. An indoor workplace includes work areas, employee lounges,
restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or
visited by employees, and all space between a floor and ceiling that is predominantly or totally
enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or
the like. The provisions of this section shall apply to such indoor workplace at any given time,
whether or not work is being performed:
B. The restrictions provided in this section shall not apply to stand -alone bars, stand -alone taverns,
and cigar bars as defined by Oklahoma State law in 63 O.S.2001, § 1 -1522.
C. The restrictions provided in this section shall not apply to the following:
1. The room or rooms where licensed charitable bingo games are being operated, but only during the
hours of operation of such games;
2. Up to twenty -five percent (25 %) of the guest rooms at a hotel or other lodging establishment;
3. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in
which the sale of other products is merely incidental and in which no food or beverage is sold or
served for consumption on the premises;
4. Workplaces where only the owner or operator of the workplace, or the immediate family of the
owner or operator, performs any work in the workplace, and the workplace has only incidental public
access. "Incidental public access" means that a place of business has only an occasional person, who
is not an employee, present at the business to transact business or make a delivery. It does not
include businesses that depend on walk -in customers for any part of their business.
5. Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental
public access;
6. Private offices occupied exclusively by one or more smokers;
7. Workplaces within private residences, except that smoking shall not be allowed inside any private
residence that is used as a licensed child care facility during hours of operation;
8. Medical research or treatment centers, if smoking is integral to the research or treatment;
9. A facility operated by a post or organization of past or present members of the Armed Forces of
the United States which is exempt from taxation pursuant to Section 501 (c)(8), 501 (c)(10), or 501
(c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501 (c)(8), 501 (c)(10), or 501 (c)(19),
when such facility is utilized exclusively by its members and their families and for the conduct of
post or organization nonprofit operations, except during an event or activity which is open to the
public; and
10. Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen
(15) feet of any exterior public doorway or any air intake of a restaurant.
D. An employer not otherwise restricted from doing so may elect to provide smoking rooms where
no work is performed except for cleaning and maintenance during the time the room is not in use for
smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such
a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking
room shall be located within fifteen (15) feet of any entrance, exit, or air intake.
E. If smoking is to be permitted in any space exempted in subsections B or C of this section or in a
smoking room pursuant to subsection D of this section, such smoking space must either occupy the
entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the
smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking
space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift
or circulate into nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from
the smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit, or air intake.
Any employer may choose a more restrictive smoking policy, including being totally smoke free.
F. Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated
2
smoking rooms. Food and beverage may be served in such designated smoking rooms, which shall
be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure
so smoke cannot escape when a door is opened, and no air is re- circulated to nonsmoking areas of
the building. No exhaust from such room shall be located within twenty -five (25) feet of any
entrance, exit, or air intake. Such room shall be subject to verification for compliance with the
provisions of this subsection by the Oklahoma State Department of Health.
G. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall
be responsible for (1) posting a sign or decal, at least four (4) inches by two (2) inches in size, at
each entrance of the building indicating that the place is smoke -free or tobacco -free, and (2) asking
smokers to refrain from smoking upon observation of anyone violating the provisions of this
ordinance.
H. Responsibility for posting signs or decals shall be as follows:
1. In privately owned facilities, the owner or lessee, if lessee is in possession of the facilities, shall be
responsible;
2. In corporately owned facilities, the manager and/or supervisor of the facility involved shall be
responsible; and
3. In publicly owned facilities, the manager and /or supervisor of the facility shall be responsible.
I. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than TEN DOLLARS ($10.00) nor more than ONE
HUNDRED DOLLARS ($100.00), excluding costs, fees, and assessments.
SECTION THREE (3): REPEALER
All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SIX (6): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by creating an ordinance in Chapter 9
entitled "Smoking and Tobacco" to be codified in Part 10, Chapter 9, as section 10 -912, "Smoking
in Certain Public Places Prohibited."
PASSED by the City Council of the City of Owasso, Oklahoma on the - day of
12007.
Stephen Ntaudefla, Mayor
Sherry Bigicip, City Clef
J lie Lombardi
City Attorney
PUBLISHER'S AFFIDAVIT
ORDINANCE NO. 898
PUBLICATION DATE(S)
07/31/07
CASE NUMBER: ORD NO. 898
INVOICE NO: 00036736
LEGAL NOTICE
STATE OF OKLAHOMA l
5S
COUNTY OF TULSA r
1, of lawful age, being duly sworn, am a legal representative of
Owasso Reporter of Owasso, Oklahoma, a daily newspaper of
general circulation in Tulsa,Oklahoma, a newspaper qualified to
publish legal notices, advertisements and publications as provided in
Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as
amended, and thereafter, and complies with all other requirements of
the laws of Oklahoma with reference to legal publications. That said
notice, a true copy of which is attached hereto was published in the
regular edition of said newspaper during the period and time of
publication and not in a supplement, on the ABOVE LISTED
DATE(S)
Reprensentalive Signature
Subscribed to and sworn to me this Ist day of August 2007.
Notary Public
NARY CAROL MOORE
My commission Number: 0601 1684
My commission expires: December 8, 2010
Customer: CITY OF
Cost No: 00000779PrX NANCY CARA MOORE
Notary Public - late of Oklahoma
Publisher's Fee: $ 207.30 TulsaCounly
rMy Commission Egllm December 8, ,
Commission # 06011684
36736
Published in the Owasso Reporter. Owasso, Tulsa County, Okla-
home, July 31,2007'.
CRY OF OWASSO, OKLAHOMA
ORDINANCE NO. 11911
AN ORDINANCE RELATING TO PART 10, OFFENSES AND
CRIMES, CHAPTER 9, YOUTH ACCESS TO TOBACCO, OF
THE CODE OF ORDINANCES OF THE CITY OF OWASSO,
OKLAHOMA, AMENDING SAME By PROHIBITING SMOKING IN
CERTAIN PUBLIC PLACES AND INDOOR WORKPLACES;
PENALTIES FOR VIOLATIONS.
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE
OWASSO CODE OF ORDINANCES BY CREATING SECTION
10 -912, SMOKING IN CERTAIN PUBLIC PLACES PROHIBITEO.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT, TO-WIT:
SECTION ONE (1); Part lr, Oftene st antl Crimes, Chapter 9,
Youth Access to Tobacco of the Code of Ordinances of the City of
Owasso, Oklahoma, shall be amended by providing and codifying
as follows:
SECTION TWO (2):
SECTION 16912 SMOKING IN CERTAIN PUBLIC PLAC
PROHIBITED
A. The possession of lighted tobacco In any form is a public nut -
sense and dangerous to public health and is hereby prohibited
when such possession is in any indoor place used by or open to
the public, public transp urtatm, or any Indoor workplace, except
where spedfically allowed by law. As used in this section, 'indoor
workplace" means any indoor place of employment or
employment -type service for, or at the request of, another individual
or individuals, or any public or private entity, whether part -time or
full - ime and whether for compensation or not SECTION THREE (3). REPEALER
Such services shall Include, without limitation, any service per-
formed by an owner, employee, independent contractor, agent,
partner, proprietor, manager, officer, director, apprentice, trainee,
associate, servant, or volunteer. An indoor workplace includes work
areas, employee lounges, reshooms, conference rooms, class -
moms, employee cafeterias, hallways, any other spaces used or
visited by employees, and all space between a Poor and ceiling that
Is predominantly or totally enclosed by walla or windows, regard-
less of door, doorways, open or dosed windows, stairways, or Me
tike. The provisions of this section shall apply to such indoor work-
place at any given lime, whether or not work is being performed.
B. The restrictions provided in this section shall not apply to
Stand -alone bars, stand -alone tavems, and cigar bare as dented by
Oklahoma State law in 63 O.S2001, § 1 -1522.
C. The resMCtions provided in this section shall not apply to the
following:
I. The room or rooms where licensed charitable bingo games
are being operated, but only during Me hours of operation
of such games;
2. Up to twenty-five percent (25%) of the guest rooms at a hotel
or other lodging establishment;
3. Retail tobacco stores pmdominantly engaged in the sale of
tobacco products and accessories and in which the sale o1
Other products is merely Incidental and in which no food or
beverage is sold or served for consumption on the press-
less;
4. Workplaces where only the owner or operator of Me work-
place, or Me immediate family of firs owner or operator,
PerFOrma any work in the worlrolace, and the workplace has
only incidental public access. 'Incidental public access'
means that a place of business has only an occasional per-
son, who is not an employee, present at Me business to
bensact business or make a delivery. It does not include
businesses Mat depend on walk -in customers for any part
of their business.
5. Workplaces Occupied exclusively by one or more smokers, If
Me workplace has only incidental public access;
S. Private offices occupied exclusively by one or more smok-
ers;
7. Workplaces within private residences, except that smoking
Shelf not be allowed inside any private residence Mat Is
used ae a licensed chilli we facility during hours of opere-
Lon;
8. Medical research or treatment canters. X smoking Is integral
to Me research or treatment;
9. A facility operated by a post or organization of past or pre-
sent members of the Armed Forces of the United States
which Is exempt from taxation pursuant to Section 501
(c)(8), 501 (c)(10), or 501 (c)(19) of the Internal Revenue
Code, 26 U.S.C., Section 501 (c)(9), 501 (c)(10), or 501
(c)(19), when such facility is utilized exclusively by its mem-
bers and their families and for the conduct of post or or-
ganization nonprofa operations, except during an event or
activity which Is open to the public; and
10. Any outdoor seating area of a restaurant; provided, smok-
ing shall not be allowed within fifteen (15) feet of any exte-
nor public doorway or any air Intake of a restaurant.
D. An employer not otherwise restricted from doing an may elect
to provide smoking rooms where no work is Performed except for
cleaning and maintenance during the time the room is not in use for
smoking. Provided each smoking room is fully enclosed and ex-
hausted directly to Me outside in such a manner Mat no smoke can
drill or circulate Into a nonsmoking area. No exhaust from a smok-
Ing room shall be located within fifteen (15) feet of any entrance,
exit, or air Intake.
E. It smoking Is to be permitted in any space exempted in sub-
sections B or C of this section or In a smoking room pursuant to
subsection D of this section, such smoking space most either on,
cupy Me entire enclosed Indoor Space or, if it shares the enclosed
space with any nonsmoking areas, the smoking space shall be fully
enclosed, exhausted directly to Me outside MM no air from Me
smoking space circulated to any nonsmoking area, and under
negative err pressure so that no smoke can drift or simulate Into
nonsmoking area when a door to an adjacent nonsmoking area is
opened. Air from the smoking room shall not be exhausted within
fifteen (15) feet of any entrance, exit, or air Intake. Any employer
may choose a more reshictive smoking policy, Including being to-
Wily smoke free.
F. Restaurants shall be totally nonsmoking or may provide nor,
smoking areas and designated smoking moms. Food and beverage
may be served in such designated smoking rooms, which shall be
in a location which is fully enclosed, directly exhausted M Me out-
side, under negative air pressure so smoke cannot esnpe when a
door Is opened, and no air Is recirculated to nonsmoking areas of
the building. No exhaust from such room shall be located within
twemy,five (25) feet of any enhance, exit, or air intake. Such room
shall but subject to verification for compliance with the provisions of
this subsection by the Oklahoma State Department of Health.
G. The person who owns or operates a place where soaking or
tobacco use Is prohibited by law shall be responsible for posting a
sign or decal, at least four (4) inches by No (2) inches in size, at
sash entrance of the building Indicating that the piano Is smoke -tree
or tobacco -hen.
H. H- Ponsibill for posting signs or decals shall be as follows:
1. In privately owned facilities, the owner or lessee, 8 lessee Is
in Possession of We faciltfies, shall be responsible;
2. In corporately owned facilities, Me manager and/or supervi-
sor of the facility involved shall be responsible; and
3. In publicly owned facilities, Me manager and/or supervisor of
the facility shell be responsible.
I. Any person who knowingly violates this section is guilty of a
Misdemeanor, and upon conviction thereof shall be Punished by a
rice of not less Man TEN DOLLARS ($10.00) nor mare than ONE
HUNDRED DOLLARS ($100.00), excluding cells, fees, and as-
sessments.
All ordinances, or pans of ordinances, In conflct with this
amended Ordinance are hereby repealed to the extent of the cpn-
flictonly.
SECTION FOUR (4); SEVERABILRY
If any part or parts of this ordinance are seemed unconstitutional.
Invalid or inefte Live, Me remaining portion shall not be affected but
shall remain in full force and effect.
SECTION FIVE (S): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30)
rmy$ from the date of final passage as provided by state law.
SECTION SI)l CODIFICATION
The City of Owasso Code of Ordinances Is hereby amended by
creating Chapter entitled -Youth Access to Tobacco' to be codi-
fied in Pan 10, Chapter 9, as section 16912, Smoking in Certain
Public Places Prohibited.
PASSED by the City Council of the City of Owasso, Oklahoma on
Me 17th day of July, 20G7.
/G Stephen Cataudella
ATTEST: Mayor
/S/Sherry Bishop
City Clerk
(SEAL)
APPROVED as to form and legality
/s/ Julie Lombardi
City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: ORDINANCES REGARDING PREVENTION OF YOUTH ACCESS TO
TOBACCO AND SMOKING IN IDENTIFIED PUBLIC PLACES
DATE: July 17, 2007
BACKGROUND
Employees of the Tulsa County Health Department met with Staff several weeks ago to provide
information regarding various initiatives that have been launched to address both the health risks
caused by exposure to secondhand smoke and a nationwide increase in the number of juveniles
who are not only smoking but doing so at increasingly younger ages. The Health Department
personnel, who have all been appointed to an anti - smoking task force named "Match Project,"
provided Staff with materials detailing legislative measures which have been taken by states,
including Oklahoma, and by various municipalities, both inside and outside of Oklahoma to
combat these problems. Specifically, the task force presented information regarding two
legislative courses of action that these governmental entities have employed. The first measure
is intended to decrease, and ultimately prevent, smoking by underage juveniles through the
limitation of their exposure and access to tobacco products. The second measure is targeted at
reducing and preventing exposure to secondhand smoke in the workplace and other indoor public
locations.
Both the issue of preventing youth access to tobacco and prohibiting smoking indoors in public
places have been addressed by the Oklahoma Legislature and State statutes have been enacted
which are aimed at providing protection for the public from these serious and often fatal health
risks. The prototype ordinances provided to Staff by the task force are largely identical to the
State statutes adopted by the Oklahoma Legislature. Even though these issues have already been
targeted for resolution by passage of remedial legislation on the State level, the task force is
urging all municipalities to likewise adopt supporting local ordinances. By doing so, cities and
towns will increase the State law's efficiency and effectiveness in a number of ways. First, if an
arrest is made under the State law, the offender must be transported to the county jail, thereby
consuming more of the police officer's time and the City's expense for the booking process.
Unfortunately, given that both money and manpower are in short supply in the majority of
district attorney's offices, the offense very well may ultimately be dismissed and the offender not
prosecuted. Enforcement of this municipal ordinance, as drafted, would allow police officers to
issue citations for violations of these laws rather than arrest the offender. Preliminary national
statistics indicate that police officers are much more likely to enforce this law if the option of
issuing a citation rather than making an arrest is available. For these reasons, a number of
municipalities in Oklahoma, including Edmond, Oklahoma City, Tulsa, Bixby, Stillwater, Enid,
Norman, Lawton, Shawnee and others have adopted local ordinances which are identical or quite
similar to State law.
It is important to recognize that the ordinances proposed for enactment by the City Council are
laws that are currently State statutes. The proposed ordinances are in no way more restrictive
than the State law. In fact, municipalities are not allowed by law to adopt local ordinances which
are more restrictive or require more than the equivalent State law. The ordinances proposed for
adoption by the Council are virtually the same as the State laws which may already be enforced
by the City's Police Department. Nothing within these ordinances creates "new" law or
prohibits any activity that State law does not already prohibit. Adoption of these local
ordinances only enhances enforcement of the tobacco laws which are already on the books.
Enactment of a local ordinance which buttresses State law by preventing indoor smoking in
public places and workplaces, and prohibiting juvenile access to tobacco products sends a clear
message to the community that the City is fully supportive of the State statutes and intends to
rigorously enforce those laws. Only with support and commitment of this type on the local level
can these laws by made fully effective and their intended goals accomplished.
DISCUSSION OF ORDINANCES
A. Chapter 9, Part 10, Sections 10 -901 through 10 -911 entitled "Smoking and Tobacco"
This collective ordinance, number 897, adds an additional chapter entitled "Smoking and
Tobacco" comprised of eleven individual (11) ordinances to Part 10, "Offenses and Crimes," of
the City of Owasso Code of Ordinances. Each individual ordinance contained in this chapter is
designed to strengthen the City's ability to prohibit juveniles from accessing and using tobacco
products and to penalize adults who sell or provide tobacco products to juveniles. This chapter
does this in a number of ways by:
1. Making it unlawful for an adult to furnish, give or sell tobacco products to a minor;
2. Providing an escalating schedule of punishment for offenders, beginning with fines
and ultimately resulting in suspension of their business license to sell tobacco
products if the offender is a business;
3. Making it unlawful for a minor to purchase, accept or receive tobacco products in any
manner enforced by an escalating schedule of punishment from fines to suspension of
the offending juvenile's driver's license;
4. Requiring businesses selling tobacco products to conspicuously post signs stating that
the business does not sell tobacco products to underage individuals;
5. Requiring education regarding the unlawfulness of making tobacco sales to minors to
be provided to every retail store employee engaged in the sale of tobacco products;
6. Limiting juvenile access to vending machines containing tobacco products;
7. Prohibiting distribution of tobacco product samples to juveniles;
8. Prohibiting the sale of cigarettes in packaging other than the original, sealed packages
in which they were placed by the manufacturer;
F)
9. Preventing public access to tobacco products in a retail store in any manner that
allows direct access to the product by the customer without assistance from a store
employee, and,
10. Making it unlawful to provide any device or material used in the smoking or chewing
of tobacco products to a minor.
Enactment of this chapter provides much more comprehensive enforcement of all aspects of the
laws seeking to prevent and penalize access to tobacco products by juveniles. The City's
previous ordinance addressing this issue, Section 10 -419, afforded significantly less ability to the
City's Police Department and Municipal Court to enforce the law and reach the targeted goal of
reducing the number of minors using tobacco products. To avoid duplication in the law, Section
10 -419 is repealed by this comprehensive ordinance.
B. Section 10 -912 entitled "Smoking in Certain Public Places Prohibited"
This ordinance, number 898, seeks to reduce the public's exposure to secondhand smoke and
thereby reduce the attendant health risks associated with secondhand smoke. To achieve that
goal, the ordinance prohibits smoking in any indoor place that is open to or used by the public,
public transportation and any indoor workplace, with certain narrow exemptions enumerated
within the body of the ordinance. This ordinance, with slight variations, has been enacted by a
number of State legislatures and municipal bodies throughout the country, and has successfully
withstood all legal challenges to date.
RECOMMENDATION
The staff recommends City Council approval of the attached ordinances.
ATTACHMENTS
1. Proposed ordinance no. 897 enacting Chapter 9, Part 10, Sections 10 -901 through 10-
911 entitled "Smoking and Tobacco"
2. Proposed ordinance no. 898 enacting Section 10 -912 entitled "Smoking in Certain
Public Places Prohibited"
3