Item 4: PH/Outdoor Smoking Area - Laserfiche WebLink

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NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Section 6.232 is added to the Eugene Code, 1971, to provide: 6.232 Smokinq Prohibited in Public Structures. In addition to the prohibitions in section 6.230 of this code, smoking is prohibited in all structures to which the public is invited or permitted, or is in a structure under the control of a public or private employer, except in structures that, as of March 1, 2005, met both of the following requirements: (a) The structure was authorized by a building permit, if required, and construction had actually begun; and (b) Smoking was lawful in the structure or space covered by the structure. Section 2. Subsection (12) of Section 6.990 of the Eugene Code, 1971, is amended as follows: 6.990 Penalties - Specific. (12) Any person who violates a provision of section 6.230, 6.232 or 6.235, or a business, owner, or employer who permits a violation of sections 6.230, 6.232 or 6.235 of this code to occur, shall, upon conviction, be punished by a fine of: (a) Not less than $50, nor more than $100 for the first violation; (b) Not less than $100, nor more than $200 for the second violation occurring within a period of 12 months from the first violation; (c) Not less than $250, nor more than $500 each for the third and subsequent violations occurring within a period of 12 months from the first violation. The above penalties are in addition to, and not in lieu of, any administrative civil penalties that may be imposed or other remedies the city may have under this code or other laws or regulations. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Ordinance - 2 L:\CMO\2005 Council Agendas\M050509\S0505094-attA.doc