HomeMy WebLinkAboutOrdinance 3584 FILED FSR RECORD
'91 DEC 20 PIS 3 . 41
ORDINANCE NO . 3584 r
HL4, ,, ; ON CO AR
AN ORDINANCE TO REGULATE SMOKING IN CERTAINII_ I,.IEYER
PUBLIC PLACES AND TO AMEND CHAPTER 95 OF THE
CODE OF ORDINANCES OF THE CITY OF
FAYETTEVILLE , ARKANSAS BY ADDING A NEW SECTION
95 . 05 ,
W-d
WHEREAS , studies by the Surgeon General of the United States , (�
the National Academy of Sciences , the National Institute of
Occupational Safety and Health , and other scientific and health
organizations demonstrate that passive smoking , or involuntary
exposure to other people ' s tobacco smoke , is a significant health
hazard for elderly people , children , individuals with t-a
cardiovascular disease , and individuals with impaired respiratory r�i
function ; a
tZ
WHEREAS , health hazards caused by passive smoking include lung a
cancer , respiratory infection , decreased respiratory function ,
decreased exercise tolerance , bronchoconstriction and bronchospasm;
WHEREAS , non-smokers who suffer allergies , respiratory
diseases and other ill effects of passive smoking may experience a
loss of job productivity and may be forced to take periodic sick
leave because of such adverse reactions ;
WHEREAS , smoking is a frequent cause of fires , and cigarette
and cigar burns and ash stains on merchandise and fixtures cause
losses to business ;
WHEREAS , the Fayetteville business community has taken
important steps to increase customer satisfaction by providing non-
smoking areas , and this trend should be encouraged ; and
WHEREAS , the purpose of this ordinance is to protect public
health , safety and welfare by prohibiting smoking in certain public
places essential to members of the public , and by restricting
smoking to designated smoking areas in other specified public
places ;
NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF
THE CITY OF FAYETTEVILLE , ARKANSAS :
Section 1 . Chapter 95 of the Code of Fayetteville is
hereby amended by adding Section 95 . 05 to read as follows :
§ 95 . 05 Regulating Smoking in Certain Public Places .
( a ) Definitions .
( 1 ) " Bar" means an area devoted to the sale and service
of alcoholic beverages for on-premises consumption ,
where the service of food , if any , is only
incidental to the consumption of such beverages .
44 LIML 14 si1PAGEpe
848
( 2 ) " Designated smoking area " means an area :
( A ) that is separated from non-smoking areas ; is
designated by appropriate signs which are
clearly visible to patrons in and entering the
area , or is in a facility where conspicuous
signs are posted that smoking is permitted in
the entire facility except for non-smoking
areas ; contains ashtrays , containers , or other
receptacles for extinguishing smoking
materials ; and does not include service lines
or cashier areas ; and
( B ) that is situated so that smoke from the
smoking area does not normally enter a non-
smoking area ; provided that in the case of a
public place that is in business or operation
on the date of enactment of this ordinance ,
whether under the same or new management , no
new physical barriers or ventilation systems
need to be installed , and such public place
shall be deemed to satisfy this subparagraph
( a ) ( 2 ) ( B ) if it utilizes existing physical
barriers or ventilation systems to minimize
the drift of smoke into non-smoking areas .
( 3 ) " Designated non-smoking area " means an area that is
separated from smoking areas , and is designated by
appropriate signs which are clearly visible to
patrons and entering the area .
( 4 ) " Health care facilities " means all enclosed indoor
areas in which health care is provided to the
general public ( other than areas to which smoking
policy is already established by state law
( A . C . A . § § 20- 27 -701 thru 703 ) , including nursing
and convalescent homes , optometrists ' ,
podiatrists ' , and chiropractors ' offices , and
physical therapy facilities .
( 5 ) "Manager " means the owner , lessee , or other person
in charge of a public place .
( 6 ) "Public place " means ( a ) any enclosed indoor area
that is used by the general public , except hotel
and motel guest rooms and areas restricted to use
only by employees or management of a private
business ; and ( b ) any swimming pool owned or
operated by the city , including the entire area
within the pool enclosure . A private residence
shall not be considered a public place for purposes
of this ordinance , unless it is used as a health
care or licensed child care facility .
���E? 1446PnAGE849
( 7 ) " Smoking" means holding a lighted pipe , cigar , or
cigarette of any kind , or lighting , or emitting or
exhaling the smoke of , a pipe , cigar , or cigarette
of any kind .
( b ) Restrictions on Smoking in Public Places Essential
to Members of the Public .
No person shall smoke in the following public places :
( 1 ) health care facilities , except in private
or semi-private rooms occupied by one or
more patients all of whom are smokers who
have requested to be placed in rooms
where smoking is permitted ;
( 2 ) licensed child care facilities , except in
areas in which children being cared for are
never present ;
( 3 ) polling places ;
( 4 ) courtrooms and jury waiting and deliberation
rooms ;
( 5 ) rooms , halls or other places of meeting or
public assembly , during such times as a public
meeting is in progress , to the extent such
place is subject to the jurisdiction of the
city ; provided that this ordinance shall not
apply to meetings of private organizations ;
( 6 ) drug stores , grocery stores , banks , libraries ,
and laundromats ;
( 7 ) public transportation terminals ;
( 8 ) buses , taxis , and airport limousines operating
within the city limits ;
( 9 ) elevators accessible to the public ;
( 10 restrooms , except in facilities listed in
subsection ( d ) of this ordinance ; and
( 11 ) swimming pools owned or operated by the city .
( c ) Restrictions on Smoking in Certain Other Public Places .
No person shall smoke in the following public places ,
except in designated smoking areas :
( 1 ) facilities primarily used for exhibiting any
motion picture , lecture , musical recital , p
LIBR l A !l 6 PAGE 850
stage or other similar performance , except
when smoking is part of a stage production ;
( 2 ) enclosed walkways in malls and shopping
centers ;
( 3 ) hotels and motels ;
( 4 ) museums and galleries ;
( 5 ) bank and retail stores doing business with the
general public , except for retail stores whose
primary source of revenue is the sale of
tobacco and tobacco-related products ;
( 6 ) restaurants in business on the date of
enactment of this ordinance , whether under the
same or new management , if the seating
capacity is 30 or less and the management
posts a conspicuous notice on each public
entrance stating that smoking is permitted
throughout the restaurant ; and
( 7 ) health spas , roller rinks , bowling alleys , and
other indoor sports or recreation facilities ,
except for pool halls .
( d ) The provisions of this ordinance shall not apply to the
following facilities , provided that the facility posts a
conspicuous notice on each public entrance stating that
smoking is permitted throughout the facility :
( 1 ) bars , and separated bar areas of restaurants ;
( 2 ) beauty salons and barber shops ;
( 3 ) retail stores whose primary source of revenue
is the sale of tobacco and tobacco-related
products ;
( 4 ) gasoline stations and convenience stores ; and
( 5 ) pool halls ; and
( 6 ) restaurants in business on the date of
enactment of this ordinance , whether under the
same or new management , if the seating
capacity is 30 or less .
( e ) Duties of Managers of Public Places .
( 1 ) The manager of public place to which this
ordinance applies shall make one of the
following three designations . The manager may
URF1446PAGE851
designate : ( A ) the entire public place as a
non-smoking facility ; or ( B ) separate areas of
the public place as a designated smoking and
non-smoking , if permitted by paragraph ( c ) of
this ordinance ; or ( C ) the entire public place
as a smoking-permitted facility , if permitted
by paragraph ( d ) of this ordinance .
( 2 ) The manager of a public place , if the entire
public place has been designated a smoking-
permitted facility , shall post a conspicuous
notice on each public entrance stating that
smoking is permitted throughout the facility .
( 3 ) The manager of a public place in which smoking
is prohibited or restricted shall place
conspicuous signs at each public entrance up
to a maximum of six entrances , and at
appropriate places within the public place ,
notifying the public that ( A ) smoking is
prohibited , or ( B ) that smoking is prohibited
except within designated smoking areas , or ( C )
that smoking is permitted except within
designated non-smoking areas .
( 4 ) The manager of a public place in which a
smoking and non-smoking areas has been
designated shall comply with the requirements
of this ordinance for sitting of the
designated smoking and non-smoking areas .
( 5 ) The manager of a public place in which smoking
is prohibited or restricted shall not
knowingly permit , or fail to make reasonable
efforts to prevent , smoking in any area where
smoking is prohibited . The manager may
fulfill this duty by asking smokers to refrain
from smoking in a non-smoking area or
directing smokers to designated smoking areas .
( 6 ) Nothing in this ordinance shall preclude the
manager of a public place listed in paragraphs
( c ) or ( d ) of this ordinance from designating
all of the facility to be non-smoking , or from
designating part of public place listed in
paragraph ( d ) as a non-smoking area .
( f ) Enforcement .
( 1 ) The City Manager shall designate officers
responsible for enforcing the provisions of
this ordinance , with due regard for the
circumstances of each type of facility subject
to the ordinance .
L,8fR1446PmE8,52
( 2 ) The violation of any provision of this
ordinance shall be punishable by a fine of not
less than $ 10 . 00 and not more than $ 100 ,
except that in inadvertent first offender may
be given a warning . Each day a violation of
this ordinance continues shall be a separate
offense .
( 3 ) City officials responsible for issuing
building permits and certificates of occupancy
for facilities subject to this ordinance shall
consider applicants ' compliance with , or
agreement to comply with paragraph ( e ) ( 4 ) as a
factor in deciding whether to issue the
permit .
( g ) Relation to Other Laws and Regulations .
Nothing in this ordinance excuses noncompliance with any
state or federal law , or any rule or regulation adopted
pursuant thereto ( including any rule adopted for the
University of Arkansas or for the public schools ) , which
prohibits or regulates smoking .
( h ) Severability .
If any part of this ordinance , or the application of the
same to any person or set of circumstances , is for any reason
held to be void or invalid , the validity of the remaining
parts of this ordinance or its application ; to,, othertip�ersons or
sets of circumstances shall not be affected
thereby .
4L Ot �1N.iinY•'lL 7^
si�trltJe .a,� .q, r � l
( i ) Effective Date . otj
An$ 1►1SF 3 Q;b'! ,$d:: rt: t ,• ►s�r7 ? ;T
This ordinance shall be effectiyetttree qrt � „ 'fer' the)� � �'•
date of approval by the Fayetteville;► $oar��o irgc,
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ai 91 *Qgga ao. . •,; 7it in®
'4 9N.60 ;'uS: 2Ya 3 aaasni , c2
PASSED AND APPROVED this 17th day`'b `:sDecember `;;,y1991 .
• 0
APPROVED :
4:N ,” M yor
2 ";jJkT { EST : <
• .f,�� Gi Cys ' rk
IIBER 1446NGE853
' Y
CERTIFICATE OF RECORD
State of Arbour ` gg
City of 1'sy�Ittevok l
I, Sherry T `.wlaatm City Clert and Ea- g
Officio :ec.•,rder ♦<br the Clty of �° �° d g o
Fayetteville, 09 hereto eat[h titer �e
o w o a
annexed or toren 02 a of record In my r e° 8° m o
oMee and the s:. :.e appin :°" D
Ordium & RessrJulun honvears k an
at V "
page Witaese r.,� h
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No
t7 Cierh en F.a-C=i k::. ,. . _,;. u.:r
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ell
FAYETTEVI LLE
' ' kk, ROFILMED
THE CITY OF FAYETTEVILLE, ARKANSAS
To : Department , Division Heads
From : Mayor Fred Hanna
Date : May 23 , 1996
Subject : Enforcement Responsibilities for Ord . 3584
The city ' s No Smoking ordinance ( No . 3584 ) calls for the mayor to
appoint persons / departments responsible for enforcement . I am
naming the Police Department and the Fire Marshal ' s office as the
two entities to enforce this ordinance on complaint of
violations .
Please get in touch with Phyllis Rice at my office if you have
questions .
s/Zv/4 r,
- • '° (,` '`:^' K'S OFFICE
113 WEST MOUNTAIN 72701 501 -521 -7700
FAX 501 -575-8257
i
respiratory function, tle—signs which are cledny wsr public. except hotel and
creased exercise tolerance, ble to patrons in and enter- motel guest rooms andI
bronchoconstriction and inq the area, or is in a facil- areas restricted to use only
bronchospasm; ity where - conspicuous ..by employees or manage-
WHEREAS, non-smokers signs are posted that smok. ment of a private business;
who suffer allergies. respir- ing is permitted in the en- and Ib) any swimming Pool
Story diseases and Other ill tire facility except for non- Owned or operated by the
effects Of passive smoking ' smoking areas: contains. city, including the entire
may experience a loss of ashtrays, containers orarea within the p001 endo-
job productivity and may be other receptacles for -, extin- sure. A private resitlen<e
forced to take panodic sick guishing smoking materials: shall not be conwdem. a
leave bemuse of such ad- and does not include ser- public place for purposes of
verse reactions: vice lines or Cashier areas: this ortlinance, unless it is
WHEREAS, smoking is a and used as a health Care or
,frequent Cause of fires, and (B) that is situated so that licensed child care facility.
Cigarette and cigar burns smoke from the smoking (7) "Smoking" means hold-
and ash stains on merchan- area does not normally en- ing a lighted pipe, cigar, or
;dice and fixtures Cause los- ter a non-smoking area: pro- cigarette . of any kind. or
ses to business; vided that in the Case of a lighting, .or emitting or ex-
WHEREAS, the Fayetteville public place that is in busi- haling the Smoke of, a pipe,
business community has ta- ness or operation on the Cigar, or cigarette of any
ken important steps to in- date of enactment of this kind.
crease customer satisfac- ordinance, whether under (b) Restrictions on Smoking
tion by providing non- the same or new manage- in Public Places Essential to
+ smoking areas, and this ment, no new physical bar- Members of the Public.
(trend should be encour- riers or ventilation systems No person shall smoke in
I9 d. and
need to be installed. and the following public places: j
WHEREAS. the purpose of such public place shall be (1) health Care facilities, ex- f
this ordinance is to protect doomed to Satisfy this sub- cept in private or semi-
public health. safety and Paragraph (8)12)161 if it util- private rooms occupied by
welfare by prohibiting izes existing physical bar- one or more Patients all of }
smoking in certain public riers or ventilation systems whom are smokers who
ORDINANCE NO. 3584 Places essential to mem- to minimize the drift of have requested to be
AN ORDINANCE tO REGU- bers of - the public, and by smoke into non-smoking placed in rooms where
LATE SMOKING' IN CER- restricting smoking to de- areas. smoking is permitted:
STAIN PUBLIC PLACES AND . signated smoking areas in (3 ) " Designated non- 121 licensed child care facili- I
TO AMEND CHAPTER 95 other - specified public smoking area- means an ties, except in areas in I
places: area that, is separated which children being cared
NA THE CODE OF ORO,- an is from 9
NA ETT OF THE CITY OF NOW; THEREFORE. BE IT smoking Areas and to signs for pre never present:
BY ADDING
ARKANSAS B R D A I a E D BY T H E whit are
appropriate signs 431 polling plates: 1
TI ADDING A NEW SEC- BOARD TY DIRECTORS OF which ere clearly visible e w courtrooms and jury
TION EAS, THE CITY NS FAV ETTE- patrons and entering the wetting and deliberation
Wrgeon General
s h the YILLE. ARKANSAS: area. rooms;
Surgeon General of the Un- Section 1 . Chapter 95 Of 14) "Health Cara facilitiesr places
rooms, hdlg or Other
ited the Code Of Fayetteville is means all enclosed indoor plains of meeting or public
) Academtyt of Scences,Iothe hereby amended95.05t by adding areas in which health Care assembly, during such
Section 95.05 to read as is Provided to the general times as a public meeting
Natiorel Institute of DCCu- follows: public (other that areas to
P5uOnal Safety and Health. P is in progress, u the extent
and other scientific and In Cert Regulating Smoking which smoking policy S to such plica is subject to the
( health organizations rlemort- In Certain Public PlaCee: ready established by stateiddjurisdiction of the city;
(a) Definitions. law IA. ), i 44 20-nursin Pro-
'strafe that passive Smoking• III vided that this ordinance I
.forOther
involuntary exposure to de "bar" means al area thruand 703), including nursing shall not apply iz meetings
. other people's tobacco service
to the sale and and convalescent homes, of private organizations:
smoke, is rd significant service of alcoholic con- optometristsc rs' ffice', st drug stores, grocery
' health -hazard for eltlerls ages for on-promises con- and chiropractors' offices, stores. banks, libraries, and
' people, children, individuals sumptvice of
where [his ser- and physical therapy 17) Public
with Cardiovascular disease, vita of total. it any is only facilities. ter public transportation
and individuals with ice- incidental h the consume- (5) "Manager" means the terminals:
paired respiratory function; non of such beverages. owner, lcharg or calor per- limousines
buses, taxis, and airport
WHERCaused y health hazardsmooing area" can an smoking eon in charge of a public limousines operating within
mused b sive smoking area" means an arae: place. the city limits:
,include lung cancer, respirr- that is separated from 161 "Public place" moans lel 191' elevators accessible to
atory infection, decreased non-smoking areas; is tle- any enclosed indoor area the public;
1 _ signaled by appropriate thatis used by the general (10) restrooms, except in }
facilities listed in subsection
(d) of this ortlinance: and
( 11 ) swimming pools
owned or opera--- Dy the
city.
(c) Restrictions on Smoking
in Certain Other Public
r • ,
STATE of ARKANSAS
as.
County of Washington
Plallo Pe notice ,on each public en--, 9 r
th person shall smoke in trance stating that smoking , Q`//\
[he following public plates, is Permitted throughout the
except in designated mok- facility. I, hereby certify that I
ing °rB°s' r ': '4 :' 1'131 ,T,he manager• .of public am the publisher of THE NORTHWEST ARKANSAS TIMES, a daily newspaper
(1) fexhibitin iiny y ',usetl tp18c'# in which smoking is having a second class mailing privilege, and being not less than four pages of
for axhibitinpY'idny :motion, fprolvbitatl or restricted shall
Picture. lecture, musical re- place conspicuous signs at five columns each, published at a fixed place of business and at a fixed (dally)
cital. stage or other:similar each public entrance up to , Intervals continuously in the City of Fayetteville, County of Washington. Arkansas
Performance, except'. when a maximum of six en- for more than a period of twelve months. circulated and distributed from an
smoking is, pertlof a stage trances.. and at appropriate
production;, • ' places within the public established place of business to subscribers and readers generally of all classes
(2) enclosed vv`alkwa "'in
ys . place, notifying the public In the City and County for a definite price for each copy, or a fixedrice r
malls and shopping centers:,; that (A) smoking is prohi- ' p
(3) hotels and motels: ' bited, or (B) that smoking is annum, which price was fixed at what Is considered the value of the publication,
(4) museums and galleries: prohibited except within 'de- based upon the news valueand service value It contains, that at least fifty percent
161 bank and retail :store,do- ! Signaled smoking areas, or , of the subscribers thereto have paid cash for their subscriptions to the newspaper
ing business with Ithe:gen- ICI that smoking is permit-
eral public, axes for retail ted except within s_19- or Its agents or through recognized news dealers over a period of at least six
stores whosenPwmary naiad non-smoking within,
months; and that the said newspaper publishes an average of more than forty
sourceravenue is the (4) The manager of a publioj, -----percent news matter.
sole oYj tobacco- and place in which a smoking facility subject to the
tobacco+elpt°tl probiiciep.+' 'endnon-smoking areas has(' ortlinance.
161 restadLanis in business . been designated shall corn-, (2) The violation of any pm. I further certify that the legal notice hereto attached In the matter of
on the date of enactment ,,ply with the requirements vision of this ordinance ,,,///���
of this ordinenee, whether ' of this ordinance for sitting I shall be punishable by e /I _ „ vl , �5R
under the same Os- oew Of. the designated smoking fine of opt less iron $10.00 �y ��11//
management, if the seating .and non-smoking areas.
capacity is 30 or less 'and and not more than $100, I
the management posts a ^ - i except that in inadvertent
conspicuous notice on each slI The manager of..a ' public first, offe rder ma be given
Place in which, smoking � g: y y °' was published In the regular daily issue of said newspaper for
Public entrance stating that 9 is a warnin Each tla a viola-
throughout
is permitted prohibited
owi or restricted shall Yon of this ordinance con- consecutive insertions as follows:
throughout the rastethentj not 'knowingly permit, or fail [ nues shall be a separate
and to make reasonable efforts, Offense. /
17) health spas, roller rinks, to prevent: ' smoking in any 13) City officials responsible The first insertion on the
!�'w day o[ 19
bowling alleys, and other ,n area whet# smoking is pro- for issuing building permits
door sports or recreation fa- 'hibi[etl. ' The manager may and certificates of occu-
cilities, except )for'- poolr fulfill' this duty,. byasking' panpv for facilities subject the second Insertion on the day of 19
halls. Sn'pkers to refrain from, to this ordinance shall con-
(d) The provisions of this or-, sr(Fking in e` pon -smoking a der applicants' compliance
tlinance shall not eppl'y 'to area or directing smokers to wnh, or agreement to com-
a"'
om- the third insertion On the day Of 19
the following facilities, pSo ;designated smoking. areas.;. ply with paragraph 1e114) as
vided that the facility post•# (6) Nothing lin tri ,- ordinance a factor in tlecitling whether
conspicuous notice on each 's"all Preclude the manager to issue in ) permit. and the fourth insertion On the -- day of
Public entrance i iating'that lof a public place listed in (9) Relation to Other Laws
paragraphs (c) or d) of this end Regulations.
smoking h permitted ordinance from designatingNothing in this ordinance
throughout the facility: t � all of the facility to be noOxcuses non complianceC�
Ill bars, and seposte . •liar y -
areas of restaurants ing Pact
or from tlespace ra with any state or federal Sworn t0 and subscribed ibPd befOfP me on this day Of
Ing part a a public place ' law, ort any "rule or regula-
121 beauty salons ; and:;bar- listed in paragraph (d) as a tion . adopt ad pursuant ` � e r1
deli Shops . . 1on-smoking area. thereto (including any rola 19 _q L__
131 retail stores whose parr✓ f), Enforce(nent adopted for the University
ary source of revenue' Is 1 ) The City Manager shall of Arkansas or for the
the sale of tobacco and lesignate officers responsi- public schools), which prohi-
tob°cco-related products. tla for enforcing bits or re -
(4) gasoline stations and
q the provi- regulates smoking.
convenience Stores: and .ions of this ortlinance. (h)Sevembdity. r glary Pu lie -
hals; vith. 'due regard for the cir- If any pert Of this ordi- '
(6) pool uran and - umstances of each type of nance, or the application of
181 restaurants in business . - _ - _ - _ - the same to any person or My Commission Expires:
on data of .enactment
of lois his ortlinaset of circumstances, is for
nce, whether any reason held to be void
under the same
management, if the invalid. the validity of the
seating or or nval
i
capacity is 30 or leas.. ' — g parts of this ordi-
nance or its application to
Pu blic Places.Duties of Managers Of other persons or sets of cir-
I I �Q
ryl The manager of public cumstances shall not be at-
Place [ which this ordi- III Effective Date. Fees for PI'l ntinR — 5
a
nance applies shall make This ordinance shall be at,
one of the following three fective three months after
designation. The manager the date of approval by the Cost Of Prmf _. 5
may designate: (A) the en- { Fayetteville Board of
tire public place as- a non- I Directors.
smoking facility: 00 (e) se-
PASSED AND APPROVED Total — S .
paste areas of the .public - { this 17th day of December,
place as a designated I 1991 .
smoking and non-smoking, APPROVED:
if permitted by paragraph By: Fred S. Vorsanger
(c) of this ordinance; oek(C) - se
the entire public place as -a ATTEST:
smoking permitted facility, a By: Sherry L. Thomas
if Permitted by paragraph City Clerk
(d) of this ordinance. -
(2) The manager of a public
plata, if the entirepublic
place has been designated1 v r g5 +W yaf C •� ia' L!1
a smokingpermi[ted facility, -
shall post a conspicuous
JAN 10 1992
