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HomeMy WebLinkAboutOrdinance No. 18721ORDINANCE NO. ~ g` ~ a AN ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS OPEN TO THE PUBLIC; ADDING SECTLON5 6.225, 6.230 AND 6.235 To THE EUGENE CODE, 1971; AND AMENDING SECTION 6.990 OF THAT CODE. The City Council of the City of Eugene finds that: Tobacco smoke is a hazard to the health and welfare of the general public, Regulation of tobacco smoking in facilities frequented by the general public is necessary to preser~re the public health and wel- fare . The objectives of these regulations can be accomplished with- out requiring buildings to be structurally or mechanically modified. THEyCITY O~ EUGENE DOES ORDAIN AS FOLLOWS: Section. 1. The following sections are hereby added to the Eugene Code, 1971, to provide: 6.225 Definitions. Far the purposes of sections 6.230 and 6.235 of this code, the following words and phrases mean: Sn~okin To smoke or carry any lighted cigar, cigarette, or tobacco product in any farm. Public trans ort. 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. 6.23Q Smoki.n Prohibited in Certain Public Places. ~1. Nothing in sections 6.225 to 6.235 shall be con- strued to in any way affect smoking prohibitions imposed by the fire ~n~rshal or other laws, ordinances, or regulations, ~2~ Smoking is prohibited in the following places open to the public: ~~a~ All meeting zooms dur~,ng public meetings conducted by the city council, or by any board, com-~ mission, or committee of the city. ~b~ All areas open to the general public of buildings occupied by a public agency, except separ-- Ordinance - 1 IS721 ate waiting areas may be establi~sh.ed for smokers if there exists comparable waiting areas in the same building in which smoking is prohibited. ~c} All indoor work p~.aces and classrooms of buildings occupied by a public agency, except in pri-~ vote offices occupied exclusively by smokers even though such offices may be visited by non-smokers, and in certain areas of employee and student lounges not to exceed 50 percent of the lounge area. Th.e agency may designate work areas and~classrc-oms where smoking is permitted, upon agreement by employee or student occupants. ~.d} All public and private elementary and sewn- dary school buildings except in certain areas of em- ployee lounges not to exceed 50 percent of the lounge area and in private offices occupied exclusively by smokers even though such offices may be visited by non-smokers. Vie} All elevators used by the public. ~:f}. All public transports except: 1. engaged taxi cabs clearly designated by the owner to permit smoking, and 2. special, or chartered buses for pri- vote hire. fig} All waiting rooms in bus, train, or airport ,facilities, except a designated area may be set aside far smoking not to exceed S4 percent of the seating area. 4.h} All indoor theaters, museums, auditoriums, and concert halls except on stage when part of a theatrical performance} whenever open to the public and where there is fixed immobile seating, except a smoking area nay be designated by the owner if physi- cally separated from the spectator area and if the smoking area does not exceed 54 percent of the area commonly referred to as a lobby. Vii} All conference roomsr assembly halls, dis- play areas and exhibit halls when activities are held which are open to the public, except where the owner establishes smoking and no-smoking areas within the room or .hall. Areas where alcoholic beverages are served are excluded from this subsection. ~~.~ All restaurants serving food to the public in facilities having an occupied capacity of more than 50 persons, except that a smoking area may be designated as long as adequate non-smoking areas are provided to satisfy customer demand. Ashtrays, cigarette machines, and other smoking paraphernalia sh.a~,l not be placed in non-smol~ing areas. Taverns, bars, and cockta%1 lounges are excluded from these sn~okin~ prohi.biti.ons . ordinance - 2 t872t ~~ky .~11 waiting rooms Qr public hallways of every public or private healthcare facility, including but not limited to, clinics and doctors offices, ex-- cept a separate waiting area may be established for samokers as long as there exists a comparable waiting area in the same facility in which smoking is prohibited. ~l}, ill retail food stores which are designed and arranged to display and sell food products for consump- tion off the premises by the public except an employee smoking area may be designated by the owner if the area is segregated from both~the areas in which food is handled and the areas used by shoppers. ~m~.. .All self-serve laundry facilities , except an employee smoking area may be designated by the owner if the area is segregated from the area open~to the public. ~n~. All barber shops and beauty salons unless the premises are clearly designated by the owner to per- mit smoking. In those barber shops ar beauty salons which are not so designated, an employee smoking area may be designated by the owner if the area is segre- gated from the area open to the public. o. ~lbraries. 6.23-5 S~mokin Prohibited - En~orce~nent. ~1~.. Signs prohibiting or permitting smoking, as the case ~~tay be, shall be posted conspicuously at every entrance and in prominent locations throughout the premises by the own- er or other person having control of each roam, building, or other place covered by section 6.230 of this code. The signs shall be of a form and size approved by the city manager and contain a reference that regulation is by ordinance. ~~2~:_ zt shall be unlawful for any person to remove, deface, or d,estray any sign required by subsection ~1~ of this section. Section 2. Section 6.990 of the Eugene Cade, 1971, is hereby amended by adding the following subsection thereto: 6.990 Penalties -- Specific, ~4~, any person who ~riolates any provision of sections 6.225 to 6.235 shall be punished, upon conviction, by a fine not to exceed $ l4 0.. 4 4 Passed by the C%ty C.ouncil this 12th day o f No ember , ,19 8 4 f ~ 1 City ~e.cor er P~pproved by the N~ayor this f November, 1984 .~ ~ w Ma r ordinance -~ 3.