HomeMy WebLinkAboutOrdinance No. 20212
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COUNCIL ORDINANCE NUMBER 20212
COUNCIL BILL NUMBER 4747
AN ORDINANCE CONCERNING TOBACCO PRODUCTS AND SMOKING;
AMENDING SECTIONS 6.225, 6.230, 6.235, AND 6.990 OF THE EUGENE
CODE, 1971; ADDING SECTION 6.240 TO THAT CODE; AND PROVIDING AN
EFFECTIVE DATE.
DATE SUBMITTED: September 25,2000
PASSED: 8/0
ABSENT:
OPPOSED:
REJECTED:
ABSTAINED:
DEFERRED TO:
FIRST READING: September 25, 2000
SECOND READING: September 25, 2000
ORDINANCE NO. 20212
AN ORDINANCE CONCERNING TOBACCO PRODUCTS
AND SMOKING; AMENDING SECTIONS 6.225, 6.230, 6.235,
AND 6.990 OF THE EUGENE CODE, 1971; ADDING
SECTION 6.240 TO THAT CODE; AND PROVIDING AN
EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 6.225, 6.230 and 6.235 of the Eugene Code, 1971, are amended, and
the following caption and Section 6.240 are added to that Code, to provide:
Tobacco Products and Smoking
6.225 Definitions. For the purposes of sections 6.230 to 6.240 of this code, the following
words and phrases mean:
Bar. An area that is devoted to the serving of alcoholic beverages for
consumption by guests on premises and in which the serving of food is only
incidental to the consumption of such beverages.
Business. Any sole proprietorship, partnership, joint venture, corporation, or
other business entity, including retail establishments where goods or services are sold
as well as professional corporations and other entities where professional services are
delivered.
Designated smoking entrance. An area outside an entrance to a publicly
owned building that is neither the main public entrance nor the primary employee
entrance and which has been designated by the building manager as a smoking area.
Employee. Any person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and any person who volunteers his or her
services to a non-profit entity. This definition includes independent contractors.
Employer. Any person or entity who employs the services of one or more
individuals.
Enclosed area. All space between a floor and a ceiling that is enclosed on all
sides by solid walls or windows (exclusive of door or passageways) which extend
from the floor to the ceiling, including all space therein screened by partitions which
do not extend to the ceiling or are not solid, "office landscaping" or similar structure.
Place of employment. Any enclosed area under the control of a public or
private employer which employees normally access during the course of employment,
including, but not limited to, work areas, employee lounges and rest rooms,
conference and class rooms, cafeterias and hallways. A private residence is not a
"place of employment" unless it is used as a child care, adult day care, or health care
facility.
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Public place. Any enclosed area to which the public is invited or in which the
public is permitted including, but not limited to, banks, education facilities, health
facilities, laundromats, public transportation, reception areas, restaurants, retail food
production and marketing establishments, retail service establishments, retail stores,
theaters, and waiting rooms. A private residence is not a "public place" unless it is
used as a child care, adult day care, or health care facility.
Public transportation. Any motorized vehicle used to transport people which
is held out for hire by the public or used by a public or private elementary or
secondary school to transport students.
Restaurant. Any coffee shop, cafeteria, sandwich stand, private or public
school cafeteria, and any other eating establishment that gives or offers food for sale
to the public, guests or employees, as well as kitchens in which food is prepared on
the premises for serving elsewhere, including catering facilities.
Retail tobacco store. A retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is merely incidental.
Service line. Any indoor line, or any portion of an indoor line that extends
out of doors, at which one or more persons is waiting for or receiving services of any
kind, whether or not such services involves the exchange of money.
Smoking. Any inhaling, exhaling, burning, or carrying of any lighted pipe,
cigar, cigarette, or other tobacco-like product or substance in any manner or in any
form.
Sports facility. Any sports pavilion, gymnasium, health spa, swimming pool,
roller rink, bowling alley, or other enclosed places where members of the general
public assemble either to engage in physical exercise, participate in athletic
competition, or witness sports events.
Tobacco product. Any tobacco cigarette, cigar, pipe tobacco, smokeless
tobacco, chewing tobacco, or any other form of tobacco that may be utilized for
smoking, chewing, inhalation, or other means of ingestion.
6.230 Smoking Prohibited in Public Places and Places of Employment.
(1) Nothing in sections 6.225 to 6.240 shall be construed to in any way affect
smoking prohibitions imposed by the fire marshal or other laws, ordinances, or regulations.
(2) Smoking is prohibited in all public places and all places of employment within
the city, including, but not limited to the following:
(a) All elevators.
(b) Rest rooms, lobbies, reception areas, hallways, and any other areas of
common use.
(c) Buses, taxicabs, and any other means of public transportation.
(d) Service lines, or within ten feet of a service line that extends out of
doors.
(e) Retail stores.
(t) All areas available and customarily used by the general public located
in a business patronized by the public, including non-profit and public businesses.
Affected businesses include, but are not limited to, professional offices, banks,
laundromats, hotels and motels.
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(g) All restaurants.
(h) Any enclosed facility that is primarily used for exhibiting any motion
picture, stage or drama production, lecture, music recital or other similar
performance, except for performers when smoking is part of a stage or drama
production.
(i) Sports facilities.
G) Every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission, or committee,
including joint committees or agencies of the city, during the time a public meeting
IS In progress.
(k) Within publicly owned buildings, or within ten feet of any entrance
to a publicly owned building.
(1) Waiting rooms, hallways, wards, and semi-private rooms of health
care facilities, including, but not limited to, hospitals, clinics, physical therapy
facilities, and doctor's and dentist's offices.
(m) Lobbies, hallways, and other enclosed common areas in apartment
buildings, condominiums, trailer parks, retirement facilities, nursing homes, and
other multiple-unit residential facilities.
(n) Polling places.
( 0 ) Within a reasonable distance, of not less than ten feet, of any entrance
to any enclosed area where smoking is prohibited.
(3) Except for adult only bars, taverns, cocktail lounges and bingo parlors,
employers are required to provide for all employees a place of employment in which employees are
not exposed to the smoking of others.
6.235 Smoking Prohibited - Enforcement.
(1) In every building or enclosed area in which smoking is prohibited by section
6.230 of this code, a "No Smoking" sign shall be conspicuously posted by the owner, manager, or
other person having control of the building or area. The signs shall be of a form and size approved
by the city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code.
(2) At primary entrances to public places or publicly owned buildings in which
smoking is prohibited by section 6.230 of this code, the owner or manager of such place or building
shall post a "No Smoking" sign so that the sign is plainly visible from the outside of the entrance,
except that for designated smoking entrances to publicly owned buildings, a sign identifying it as a
designated smoking entrance shall be posted. The signs shall be of a form and size approved by the
city manager and contain a reference that regulation is by sections 6.225 to 6.240 of this code.
(3 It shall be unlawful for any person to remove, deface, or destroy any sign
required by this section.
( 4) No person or employer shall discharge, refuse to hire, or in any manner
retaliate against an employee, applicant for employment, or customer because the employee,
applicant, or customer reports or attempts to prosecute a violation of section 6.230 of this code.
(5) Any person who violates a provision of section 6.230 or 6.235, or any
business, owner, or employer who permits a violation to occur, shall be subject to the penalties
provided in section 6.990(13 ), an administrative civil penalty pursuant to section 6.995 of this code,
or both such fine and penalty.
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6.240
Smoking Prohibited - Exceptions. The restrictions set forth in sections 6.230 and
6.235 of this code do not apply to:
(a) Private residences, unless the private residence is used as a child care,
adult day care, or health care facility;
(b) Rented motellhotel rooms that are designated in some manner as
smoking rooms by the owner of the establishment renting the room;
( c ) Private rooms rented for an occupancy that exceeds one month and not
located in a private residence used as a child care, adult day care, or health care
facility;
(d)
(e)
(t)
Retail tobacco stores;
Designated smoking entrances; or
Adult only taverns, bars, cocktail lounges or bingo parlors.
Section 2. A new Subsection (13) is hereby added to Section 6.990 of the Eugene Code,
1971, to provide:
6.990
Penalties - Specific.
(13) Any person who violates a provision of section 6.230 or 6.235, or a business,
owner, or employer who permits a violation of sections 6.230 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.
Section 4.
Notwithstanding the amendments to section 6.230 of the Eugene Code, 1971,
no citation or administrative civil penalty for violation of section 6.230 shall be issued or imposed
where an owner or manager has, by the date of implementation of the amendments to section 6.230,
commenced construction of an outdoor seating area. "Commenced construction" for purposes of
this section means that the owner or manager submitted a building permit application that the City
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accepted as complete. This exception will continue for as long as the construction is progressing at
a reasonable pace, or until the permit application is rejected by City staff, or until the construction
is complete, but in no case shall the exception continue beyond 180 days after implementation of
section 6.230 of the Eugene Code, 1971.
Section 5. Pursuant to the provisions of the Eugene Charter of 1976, this Ordinance shall
become effective 30 days after its passage by the City Council and approval by the Mayor except as
provided below. No citation for violation of Sections 6.230 to 6.240 of the Eugene Code, 1971 shall
be issued, nor shall any administrative civil penalties be imposed for violation of any of those
sections prior to July 1, 2001.
Passed by the City Council this
Approved by the Mayor this
25th of September, 2000
25th day of September, 2000
f/' - ~ /17
City Recorder
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