HomeMy WebLinkAbout2003-08-05 - Agendas - Final • Final Agenda
For
City Council Meeting
August 5, 2003
A meeting of the Fayetteville City Council will be held on August 5, 2003 at 6:00 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Cody Hiland — Public Service Commission.
Kit Williams — HMR Tax
I
A. CONSENT:
1 . Approval Of The Minutes: Approval of the July 8, 2003 meeting minutes.
Approval of the December 17, 2002 meeting minutes.
2. Marinoni Offer and Acceptance/Broyles Road: A resolution approving an offer and
• acceptance contract between the City of Fayetteville and Paul Marinoni, Jr. and Suellen
Mary Marinoni in an amount not to exceed $43,400.00 for the purchase of
approximately seventy (70) feet of right-of-way for the extension of Broyles Road and to
J obtain permanent and temporary easements for the construction of sewer line to the new
wastewater treatment plant; and approving a budget adjustment in the amount of
$78,400.00 for same.
3. Multi-Craft Contractors, Inc. Bid #03-42 Back-Up Generators: A resolution
awarding Bid #0342 to Multi-Craft Contractors, Inc. in the amount of $ 103,885.00 to
install back-up generators at each of the Fayetteville Fire Department's five facilities;
and approving a project contingency in the amount of $ 10,389.00 for same.
4. Arkansas Parks and Tourism Outdoor Recreation Grant/Lake Fayetteville
Spillway Bridge Project: A resolution authorizing the Fayetteville Parks and
f / 5-03 Recreation Division to apply for an Arkansas Parks and Tourism Outdoor Recreation
Grant in an amount up to $250,000.00 for the Lake Fayetteville Spillway Bridge Project.
5. USDA Forest Service Supplemental Lease Agreement No. 1 : A resolution
authorizing the Mayor and the City Clerk to execute Amendment No. 1 to the lease
agreement with the USDA Forest Service authorizing the City of Fayetteville to
construct loading pads, approach ramps, and other civil works at the Fayetteville
/ �[r Municipal Airport associated with the air tanker operations base; and approving a budget
adjustment recognizing the receipt of $ 1 ,200,000.00 as reimbursement for the City's
• expenditures.
6. McClelland Consulting Engineers, Inc. Task Order No. 2: A resolution approving
? Task Order No. 2 in the amount of $84,400.00 with McClelland Consulting Engineers
for engineering, design, and construction oversight associated with the construction of
the USDA Forest Service Tanker Base at the Fayetteville Municipal Airport; and
approving a budget adjustment for the same amount.
B. OLD BUSINESS:
1. Smoking in Certain Public Places: An ordinance to amend §95.05 Regulation Of
'lSmoking In Certain Public Places of the code of Fayetteville and to enact a
1T„ VL a replacement §95.05 Regulation Of Smoking In Most Public Places And Places Of
P
Employment in order to remove exemptions for bars, pool halls, small restaurants,
beauty salons, barber shops and designated smoking areas in enclosed public access
areas in restaurants, theaters, roller rinks, bowling alleys, and retail stores, etc. This
ordinance was left on the first reading at the July 15, 2003 City Council Meeting.
C. NEW BUSINESS:
Public Hearing Raze and Removal 226 North School Avenue: A resolution ordering
10 lq4 the razing and removal of a dilapidated and unsafe structure owned by Timothy C. and
5 Christine Klinger located at 226 N. School Avenue in the City of Fayetteville, Arkansas. .
2. Public Hearing Raze and Removal 323 N West Avenue: A resolution ordering the
razing and removal of a dilapidated and unsafe structure owned by the Bank of
Fayetteville, N.A. located at 323 N. West Avenue in the City of Fayetteville, Arkansas.
3. Police and Fire Pension LOPFI Agreement: An ordinance electing coverage for
eligible members of the Police Pension and Relief Fund and Firefighter Pension and
Relief Fund under LOPFI and authorizing Mayor Coody to enter into an agreement with
LOPFI.
D. INFORMATIONAL:
1. City Council Budget Briefing Meeting: August 4, 2003, Room 219 at 5:00 PM.
Meeting of August 5, 2003
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ALDERMAN AGENDA REQUEST FORM Smoking in Certain Public
Places
B. 1 . Page 1
FOR: COUNCIL MEETING OF July.1; 2003
FROM:
DON MARR, ALDERMAN and SHIRLEY LUCAS, ALDERMAN
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An ordinance to amend §95.05 Regulation Of Smoking In Certain Public Places of the Code of
Fayetteville and to enact a replacement §95.05 Regulation Of Smoking In Most Public Places And
Places Of Employment in order to remove exemptions for bars, pool halls, small restaurants, beauty
salons, barber shops and designated smoking areas in enclosed public access areas in restaurants,
theaters, roller rinks, bowling alleys, and retail stores, etc.
• APPROVED FOR AGENDA:
DU
4, 1AA .
erman Date
AldermarDate
City Alftomey (as to form) Date
Smoking in Certain Public
Places
B. 1. Page 2
ORDINANCE NO. •
AN ORDINANCE TO AMEND §95.05 REGULATION OF
SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE
OF FAYETTEVILLE AND TO ENACT A REPLACEMENT §95.05
REGULATION OF SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT IN ORDER TO REMOVE EXEMPTIONS
FOR BARS, POOL HALLS, SMALL RESTAURANTS, BEAUTY
SALONS, BARBER SHOPS AND DESIGNATED SMOKING AREAS
IN ENCLOSED PUBLIC ACCESS AREAS IN RESTAURANTS,
THEATERS, ROLLER RINKS, BOWLING ALLEYS, AND
RETAIL STORES, ETC.
WHEREAS, Ordinance No. 3584 enacted on December 17, 1991 , regulated
smoking in numerous public places, but permitted designated smoking areas in
restaurants, theaters, museums, galleries, malls, hotels, motels, banks, retail stores, health
spas, roller rinks, bowling alleys, etc.; and
WHEREAS, Ordinance No. 3584 codified as §95.05 Regulation of smoking in
certain public places did not apply to bars, separated bars in restaurants, beauty salons,
barber shops, convenience stores, pool halls and small restaurants nor many places of
employment; and
WHEREAS, scientific studies have proven that second hand tobacco smoke is a
recognized carcinogen and is otherwise dangerous and causes diseases in the health of
nonsmokers; and
WHEREAS, the United States Surgeon General has determined that separation of
smokers and nonsmokers within the same airspace does not eliminate exposure of
nonsmokers to second hand smoke; and
WHEREAS, employees who work in a smoke-filled business suffer 25%-50%
higher risk of heart attack and higher rates of death from cardiovascular disease and
cancer; and
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air; and
WHEREAS, economic analyses have shown no difference or a positive
economic impact after enactment of laws requiring workplaces to be smoke free; and
WHEREAS, numerous studies have found that tobacco smoke is a major .
contributor to indoor air pollution, and that breathing secondhand smoke is a cause of
P aeesng in Certain Public
B. 1. Page 3
disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and
lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65,000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer, and
WHEREAS, The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired respirator function
to be a disability.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 . That the City Council of the City of Fayetteville, Arkansas.hereby
repeals §95.05 Regulation of smoking in certain public places of the Fayetteville
Code, in its entirety and enacts the following new §95.05 Regulation of smoking in
most public places of the Fayetteville Code to replace it:
"Sec. 95.05. Regulation of smoking in most general public (other than areas to which
public places. smoking policy Is already established by state
law, A.CA §§20-27-701 through 20-27-703),
(A) Definitions. For the purpose of this chapter, including nursing and convalescent homes,
the following definitions shall apply unless optometrists', podiabists', and chiropractors'
the context clearly indicates or requires a offices, and physical therapy facilities.
different meaning.
Manager. The owner, lessee, or other
Bar. An establishment that is devoted solely person in charge of a public place.
to the sale and service of alcoholic beverages for
on-premises consumption and where the service Place of employment. An area under the
of food, if any, is Incidental to the consumption of control of a public or private employer that
such beverages, employees normally frequent during the course of
employment, including, but not limited to, work
Restaurant: An eating establishment, areas, employee lounges, restrooms, conference
including but riot limited to dining establishments, rooms, meeting rooms, classrooms, employee
coffee shops cafeterias, sarhdwich shops, private cafeterias, hallways, and vehicles. A private
and public cafeterias, which gives or offers for residence is not a 'piace of employment unless It
sale food to the public, guests, or employees, as is used as a child pre, adult day care, or health
well as non-residential kitchens and catering pre facility.
facilities In which food Is prepared on the
premises for serving elsewhere. The term Public place.
Irestauranr shall Include a bar area within the
restaurant. (1 ) Any enclosed indoor area that is used
by the general public, except hotel and
Enclosed area. All space partially enclosed motel guest rooms and areas restricted
between a floor and telling that is enclosed on all to use only by employees or
sides by solid walls or windows (exclusive of management of a private business; and
doorways), which extend from the floor to the
ceiling (2) Any swimming pool owned or operated
by the city, including the entre area
Health care facpides. All enclosed Indoor within the pool enclosure. A private
areas In which health pre is provided to the residence shag not be considered a
in
Smoking in Certain Public r
Places `fV,
B. 1 . Page 4
public place for purposes of this section (C) Restrictions on smoking in certain other
unless It is used as a health care or public places. No person shall smoke in the
licensed child care facility. following enclosed public places and places
of employment or work places:
Retail Tobacco Store. A retail store utilized
primarily for the sale of tobacco products and (1 ) Facilities primarily used for exhibiting
accessories and in which the sale of other any motion picture, lecture, musical
products is merely incidental. recital, stage or other similar
performance, except when smoking is
Smoking. Holding a lighted pipe, cigar, or part of a stage production;
cigarette of any kind, or lighting, or emitting or
exhaling the smoke of, a pipe, cigar, or cigarette (2) Enclosed walkways in malls and
of any kind. shopping centers;
Sports arenas. Means sports pavilions, (3) Hotels and motels, except hotel and
stadiums, gymnasiums, health spas, boxing motel rooms that are rented to guests
arenas, swimming pools, roller and Ice rinks, and are designated as smoking rooms.
bowling alleys and other similar places where
members of the general public assemble to (4) Museums and galleries;
engage in physical exercise, participate in athletic
competition or witness sports or other events. (5) Bank and retail stores doing business
with the general public, except for retail
(B) Restrictions on smoking in public places tobacco stores whose primary source of
essential to members of the public. No revenue is the sale of tobacco and
person shall smoke in the following public tobacco-related products;
places:
(6) Restaurants, cafeterias, cafes, coffee
(1 ) Health care facilities. shops, etc.
(2) Within the physical confines of licensed (7) Health spas, roller rinks, bowling alleys,
child care facilities. (As defined in A.C.A. and other indoor sports or recreation .
§20-78-217) F(9Beauty
es, Including pool halls;
(3) Polling places; taverns, nightclubs, cocktail
es, cabarets, etc.
(4) Courtrooms and jury waiting and
deliberation rooms; OV salons and barber shops;
(5) Rooms, halls or other places of meeting O 0 Convenience stores. rlV J
or public assemby, during such times \_l��l! 'NY( tN
as a public meeting Is In progress, to the 11 ) outside area within a reasonable
extent such place Is subject to the istance of fifteen (15) feet from amain
jurisdiction of the city; provided that this entrance to an enclosed area in which
section shall not appy to meetings of smoking is prohibited.
private organizations;
(12) Enclosed places of employment and
(6) Drug stores, grocery stores, banks, work places If a nonsmoking employee
libraries, and laundromats; Is present or regularly enters or uses J
that portion of an enclosed place of
(7) Public transportation terminals; employment eprplase 1�VW
(8) Buses, taxis, and airport limousines 0((l3) Business vehicles with at least one 1
operating within the city limits; nonsmoke( as an occupant ,
(9) Elevators accessible to the public; (D) The provisions of this section shall not appy
to Retail tobacco stores whose primary
10) Restrooms; and source of revenue is the sale of tobacco and
tobacco-related products.
_ (11 ) Swimming pools owned or operet
the ( Duties of managers of public places.
Smoking in Certain Public
Places
a. 1. pages
• (E) Duties of managers of public pieces. dollars ($100.00) for a first
violation;
(1 ) The manager of a public place in which
smoking is prohibited or restricted shall (b) A fine not exceeding two hundred
place conspicuous signs at each pudic dollars ($200) for a second
entrance up to a maximum of six violation within one (1 ) year,
entrances, and at appropriate places
within the public place, notifying the (c) A fine not exceeding five hundred
public that Smoking is prohibited. dollars ($500) for each additional
violation within one (1 ) year.
(2) The manager of a public place In which
smoking is prohibited or restricted shall (6) In addition to the fines established
not knowingly permit, or fail to make by this Section, multiple violation of
reasonable efforts to prevent, smoking this Section by a person who owns,
In any area where smoking is prohibited. manages, operates or otherwise
controls a public place or place of
(F) Enforcement. employment may result In the
suspension or revocation of any permit
(1) This section shall be enforced by the or license issued to the person for the
Mayor or an authorized designee. premises on which the violation
occurred.
(2) Any citizen who desires to register a
complaint under this section may Initiate (7) Each day on which a violation of this
enforcement with the Mayor's office. Section occurs shall be considered a
separate and distinct violation.
(3) An owner, manager, operator or
employee of an establishment regulated (G) Relation to other laws and regulations.
by this section shall Inform persons
violating this section of the appropriate Nothing in this section excuses
provisions thereof. noncompliance with any state or federal law, or
• any rule or regulation adopted pursuant thereto
(4) A person who smokes In an area where (Including any rule adopted for the University of
smoking is prohibited by provisions of Arkansas or for the public schools), which
this section shall be guilty of a violation prohibits or regulates smoking.
punishable by a fine not exceeding fifty
dollars ($50.00). (H) Jurisdiction.
(5) A person who owns, manages, This section is not applicable nor enforceable
operates, or otherwise controls a public in federal, state or county buildings including all
place or place of employment and who facilities owned or operated by the University of
fails to comply with the provisions of this Arkansas.
Section shall be guilty of a violation,
punishable by: (Ord. No. 3584, 12-17-91 )
(a) A fine not exceeding one hundred
PASSED and APPROVED this the 1 " day of July, 2003.
APPROVED: PG�
R
By. O
DAN COODY, Mayor
ATTEST:
. By
Sondra Smith, City Clerk
.xm-ro-ceautrni � II • JL mrGl. lUf ♦� rn,riwrv�w , , . wv. w
ipm 20 03 08 : 5" CITY FITTORNEV 47SS758315 p . 2 '
i
Smoking in certain Public ALDERMAN AGENDA REQUEST FORM
Places •
B. 1 . Page 6
FOR: COUNCIL MEETING OF July It 2003
FROM:
DON MARK, ALDERMAN and SHIRLEY LUCAS, ALDERMAN
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An ordinance to amend §95.05 Regulation Of Smoking In Certain Public Places of the Code of
Fayetteville and to enact a replacement §95.05 Regulation Of Smoking In Most Public Places And
Places Of Empioyment in order to remove exemptions for bars, pool halls, small restaurants, beauty
salons, barber shops and designated smoking areas in enclosed public access areas in restaurants,
theaters, roller rinks, bowling alleys, and retail stores, etc.
APPROVED FOR AGENDA:
Lerinan Date
Alderman Date
zo
City Attome (as to form) Date
.J<a'f-ClYLtll7J1rOt1 / II • x nm rAl: Lu tfnn,riw+v�w � . . ....... .... .
• Jun 20 03 09 : 55a CITY RTTORhEY 4795758315 P . 1
SMOkIn8 In Certain Public
Places
KIT WILLIAMS B. t. Pape 7
• FAYETTEVILLE CITY ATTORNEY
DAVIDJ. WHITAKER
AnuUnl City AOMMey AOL
Judy Housley _
office Manager THE arY Oft r.rEnFwle. Wouwns
Pho (479) 515.6313 773 N. MourdaK Suite 302
FAX (479) 575-4313 FayetOevilles AR 7rM4M
June 20, 2003
Don Man CyS • ;Irod
Fayetteville Alderman By FAX: (479) 845-2801
Dear Don:
Attached is the revised smoking ordinance per your
instruction. I also revised the _Tide to specifically mention "places of
employment" and placed that within the second Whereas Clause.
• This is a major change in the law and so needs to be referred to in tete
title of the ordinarice.
Please review this final (?} draft and let me know if any further
changes are needed.
With kindest
stt regards,
q �, f
Kit Williams
Fayetteville City Attorney
KW/kh
Attachment
•
AAV-Ll11-Ll itrH1J 11 : 3[ rim rec,:or \rM/ 41 au4JLW , r . w4/ wi
Jin 20 03 09 : 55a CITY RTTORNEY . 47957s9316 P . 3 '
Smoking in Certain Public
Places
B. 1. Page 8
ORDINANCE NO.
A-^1 ORDINANCE TO AMEND §95.05 REGULATION OF
SMOKING IN CERTAIN PUBLIC PLACES OF THE CODE
OF FAYE7TEVILLE AND TO ENACT A_ REPLACEMENT §95.05
REGULATION OF SMOKING IN MOST PUBLIC PLACES AND
PLACES OF EMPLOYMENT IN ORDER TO REMOVE EXEMPTIONS
FOR BARS, POOL HALLS, SMALL RESTAURANTS, BEAUTY
SALONS, BARBER SHOPS AND DESIGNATED SMOKING AREAS
IN ENCLOSED PUBLIC ACCESS AREAS IN RESTAURANTS,
THEATERS, ROLLER RINKS, B6wLi VG ALLEYS, AND
RETAIL STORES, ETC.
WHEREAS, Ordinance No. 3584 enacted on December 17, 1991, regulated
smoking in numerous public places, but permitted designated smoking areas in
restaurants, theaters, museums, galleries, malls, hotels, motels, banks, retail stow, health
spas, roller rinks, bowling alleys, etc.; and
WHEREAS, Ordinance No. 3584 codified as §95.05 Regulation of smoking in
attain public places did not apply to bars, separated bars in restaurants, beauty salons,
barber shops, convenience stores, pool halls and small restaurants nor many places of
employment; and
WHEREAS, scientific studies have proven that second hand tobacco smoke is a
.recognized carcinogen and is otherwise dangerous and causes diseases in the health of
nonsmokers; and
WHEREAS, the United States Surgeon General has determined that separation of
smokers and nonsmokers within the same airspace does not eliminate exposure of
nonsmokers to second hand smoke; and
WIIERE+AS, employaes who work in a smoke-filled business suffer 250/ -50%
higher risk of heart attack and higher rates of death from cardiovascular disease and
cancer, and
WHEREAS, the Fayetteville City Council has determined that further restrictions
of smoking in enclosed public places and work places are needed to protect the health
and safety of citizens and to ensure the right of nonsmokers to breathe smoke free air, and
WHEREAS, economic analyses have shown no difference or a positive
economic impact after enactment of laws requiring workplaces to be smoke free; and
WHEREAS, numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and that breathing secondhand smoke is a cause of
.JUN-20�-2103VRI ) IEEE tft tactor urnA)a ( oo xovi r . w /.
dun 20 03 09 : 558 CITY ATTORrieY 479573e3ts p . 4
Smoking in Certain Public
Places
B. 1 . Page 8
• lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is
responsible for the early deaths of up to 65.000 Americans annually; and
WHEREAS, secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Children
exposed to secondhand smoke have an increased risk of asthma, respiratory infections,
sudden infant death syndrome, developmental abnormalities, and cancer, and
WHEREAS, The Americans With Disabilities Act, which requires that disabled
persons have access to public places and workplaces, deems impaired respirutor function
to be a disability.
NOW, THEREFORE, BE IT ORDAINED BYTEM CITY COUNCIL OF
THE CITY OF FAYETTEVILLE, ARKANSAS:
Section I . That the City Council of the City of Fayetteville, Arkansashereby
repeals §95.05 Regulationenacts
smoking is certain public places of the Fayetteville
Code, in its entirety and wets the following new §95.05 Regulation of smoking in
most public places of the Fayetteville Code to replace it:
'sec. nos, Rooutation ot smoking in most smoking policy Is already estabashod by state
pubic plays, law, A-CA 11528.29401 through 2627.7031,
including nursing and convaluxnf homes,
• (A) 906maons. For the purposo of this chapter, optomelfterw, podlaahn'. arra chiropractors•
the following definitions ww apply urdess offices. and physical therapy facilities.
tho tuna cicarty Indicates or requires a
different meaning. freanagor. The timet, ieaaee, or other
Person In ehape of a oublic piece.
Sar An establishment Vat Is "VOW solely
b Ino salt and sorvko of alcoholic bo■ will" for Place of enploFnMW. An area uM4r the
on prey ises consumption and where the service control of a public or prwate employer that
of food, If any, Is illcldadaI to the Consum to of employees Mortally frequom duan the Course of
such beverages, employment, ihdudirg, but not limited to, work
areas, employee lounges, resirooms, conference
Rests"nf' An eating eslebkshmsrrt. rooms. meeting roans. Wssrooms, employee
Indudig bul not lolled le dnfng whDsehrrhanb, cafeterias, hallways. and veMtlOa. A private
t:oroo ;hope, cvk1trias, sandwich shops, prfrale resWence k not ; 'piece of emp movi ' unless d
and par cefolorlas, which givea or often lot Is used -as a elicit rare. adult day care. of health
sob food to the public, guests, or amPb1'est. w eve fatlity,
wet as non+osidentlai MCI " and cateli g
facilities in which food Is prepared on the Public Place.
promises dor serving elsewhere. The term
*restaurant' shag Include a bar area within the (1) Any enclosed indoor area Vial Is used
restaurard by the general pu01b, except notal and
motel guest rooms &roti areas restricted
EtWosed area. NI space partially enclosed to use linty by employees or
bewman a floor and c"m that to enclosed on all mM M of a pMate businie ; ano
sides by sola wage or windows (exclusNo of
doorways), wdhih aderha from the floor to the (2) Any swimmingpool
ior �
�"' by the CRY. ns o awe
wahln tiro pod enclosure. A private
HaaHA talc MOM" N enclosed indoor roselmncs *W not be considered a
anew In which health care Is provided to the puwc plata for purposes of this sahlgrh
general puuc (other then arses to which
0
JL"-W-Lb 4At-H11 11 : :Si HK Tactor IrRA) 4rZZ4DZM1 r. UMfMr
3t1A 20 03 09 : 36a CITY ATTORNEY 4795758315 P. 5
Smoking In Certain Public
Places
B. 1. Page 10
unless it is used as a heahh rare or (11) Swimming pools owned or operated by
licensed child care faddy. the city.
ROW Tobacco Store. A retal store ut9ftW (C) Restrictions an smoking in crortain other
primarily for the sale of tobacco. products and public Places. No person shall smoke in the
accessories and M which me sate of other tolbwlng enclosed pubic places and places
products is merely Incidental. of emp"menl at we& places:
Smoking, Hotdip a lighted pipe, cigar, or (1) Facilities Primarily used for exhibiting
cigarette of any kind, or ligherg, or emillIng or any metian picture, lactun, musical
exhaling the smoke of, a per, cigar, or ctgarebe recital, stale or other aindlar
of any kind. perklmwia, except when smoking is
Part of a slago pnductiorc
Sports emnos. M68AS 600016 Pavglons,
stadiums, gyntri"luma, heatdt qoas. boxing (2) Enclosed walkways In malls and
arenas, swimming pool& roger and to rinks, shopping canters;
bowling alloys and other similar places where
members of the general public assemble lo (3) Hotels and metals, except hotel and
engage in phyalcol exercise, participate M athlWC motel rooms that are rented to guests
compoUllon or wkneu sports or other events, and are designated as smoking norm.
(B) Restrictions an amokiig in pubFe pMeee N1 Museums and gegeriee;
cssonmsl to members of rhe public. No .
por¢on shag smoke In the following public (5) Bank and recall UweS doing eusrnes3
places: with the general public, except for retail
�f tobacco stores whose primary source of
•l� ' n '�r- n `'\,l r 1•, (4e J) s=f except M private or revenue la We sok of tobacco and
Airs 9 1W11,g__ seni4gwafarootm occupied by one or tobaeeo-refatod pmduW:
ajl c CL U 1 who
roar acs aief'srlhomar pined
in
sole hart requraslee`to- los- placed M (6) Rerteurerro, eafeteriax cafes, cellae
P-0-
URp .N-�"- . -f It morrtewfiem WrMMng-is permised; ah"s, de.
4, CA (2) Within Me physical confines of licensed ' (7) Health spas, later rinks, bowling alloys, .
bald care fackl6os. (As defined In ACA and other indoor sports or recreation
520-78.217) facliNles, Including pool halts;
(9) polling places; (B) Bars, taverns, nightclubs, cocktail
lounges, taoaroft, etc.
(4) CoWgoms * and )WY wOtbr9 and .
deliberation rooms; (9) Beauty salons and barber shops:
(5) Rooms, Bags of ether 01803 of meeliN (10)Caaveaienee sores.
or public assembly. during such tines
as a public meeting Is In progress, to the (11 ) An outside area within a reasonable
extent such Piece is subject to the distance of fiheen (15) feat from a main
Jurisdiction of the city; provided that this entrance to an enclosed area M which
section Wan not apply to metings of smaki g Is prohlbitad.
private organizations;
(12) Enclosed places of employment and
(6) Drug Steres, grocery Siena, banks, walk plates If a nonsmoking employee
libraries, and kundrarralS: is present or regularly onsam or uses
that portion of an enclosed place of
(7) pubic tramponatlon IarmMalt; employment or work place.
Ig) Buses, lasts, aid airport srrtousines (13) Buslntess vehiclos with at least one
operating widdn the city limits: nonsmoker as an occupant '
(9) Elevators accesafbto to the public; (D) The provisions of this section shall not apply
to Retail tobacco stores whose primary
(10) Restroonts; arta source of revenue Is the sate of tobacco and
lobacloo-need p oducM
JUW20l-2003(FRI ) 11 : 33 Mt I-actor irPA) araoaocov1 r . wrrwr
]un 20 03 091568 CITY ATTORNEY e79S75931S P • 6
Smoking in Certain Public
Places
B. 1 . Page ii
• (E) Duties of managers of public pfema. dollars (5100.00) for a first
vbbibn.
(1) The manager of a public Plead g lrfrkh tw
A flee not exceeding o hundred
P� � � cri or&" at cdPu�shall Io) dollars IS=) fora aconspiceootd
entrance up to a mardrnum of stx violetbn within erre (1) yew,
entrances, and at appropdato Pts c A line not exmedkV five hundred
wftn the PWIC Placa. M4" I1g ( ) 0pe2rs (SSOa) for Caen addi5orul
WAAc dui Snwking is OmldWted. vbierbn within ora (l) Year.
(2) Ina managar of o public Olson In which
smokkg is proNlitod or naY41011 "I l6) In additn le the fires 97904"Od
no k1rO"WVrY permit of las b masa by " is Section, m�Pb viatelbn of
reasonabb aftmts' to prevent. 3mokklg this Section by a person who owns,
In any ores when smoking Is pnohib & rnw%nas, OpeM%es or otherwise
controls a public ORW or PiOw of
. (p) Enforces lEnt mriploynmnf may result in the
suspension or revocation Of arty Penhit
(1 ) This seellon " be enforced by the or license Issued to the Mersa+ for the
faaYa or on auttaAzed deilpeee. - pramlt0s on which the vblatbn
ogwrrto.
(a) Any CMW 1A1O dectres 10 TCOMW a the MaEach day on which a vbbdon of this
conrptrn ent under this section may initiate m Seellon occurs shale be owmdered a
ert}peemvdlh yof's Office. separale and dlslNct violation.
(s) An owner, nenaga. operator of
empwyse of an astabasmom royWated (G) Refetion to OVW AM and 1`99t0liOnS.
by fillstrWan shall
all Inform persons in vis secuon _
vaUng this section W the appropriate
pbarxe whh any stere or federal law, or
provisions lrare0f• - any rule or regulation adIDPW Pursuam Versto
• (e) A person who smokes In an WOO where (e cluoti q any nrb adopted for tho lh.vmaMy of
vnoku9 is pmhiblbd by provisions of Arkanses or for the pubfie sehoob)• wl Id
INS seclon shall be gUIft of a Y104tlorl pohibii<a regulates smo".
Punishable �bjy' a Ono not esmedirg MY
dollars (SW.00} fro r'wtldfcg°n'
(6) A PWxQn Who owns. manages, This section is not apptitmbla car onf .r xaWe
operates, of 0014mrse Con4Cb a Pubsc in federal. stale or county bWldkVs klclading as
plat@ of piece of employment end who laditlm ovwod or oporafed by die llnlversiCy of
falls to comply with to provisions of this Arkansas.
Sxyldn sferll be 9uihy of a vi0letbn, (Ord. Ne. WIN. 12-17-911
punishable by:
(a) A lino not excesdi g ono hundred
PASSED and APPROVED this the t" day of July, 2963.
APPROVED:
8Y
DAN COODY, Mayor
ATTEST:
By:
Sondra Smith, City Clerk
•
,AAV-'Lb-LbR' U-K11 11 : 30 rim rac Eof �I nni� ow cwi w • w
Smoking in Certain Public
y Places
B. 1 . Page 12
BentonWtle, AR 72712
PWe 4794845.2800 •
Fax 479$45-2601
M PO 47"44-7871
max
Tor From:
Fait .417 47140- 'y 9-s' pages rnaurrng Rhe cover Page)
CC:
fdUrgont O For Review Q pleaso Commem Oproase Reply ❑Prcase Recycls .
e Comments:
•
H Smoking in Certain Public
Pla .r
F ces
B. 1 . Page 13
91 ULts cu rr� 1 Yl
ORDINANCE NO . 3584
; ' - : NCO AR
AN ORDINANCE TO REGULATE SMOKING IN CERTAIN _ ;, yER
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 .
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
cardiovascular disease , and individuals with impaired respiratory
function ;
WHEREAS , health hazards caused by passive smoking include lung
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 :
r
§ 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 beverag�+ese p pp
smoking In Certain Public
Places
B. 1 . Page 14
( 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 .
118(E144&AGE849
Smoking in Certain Pubiic
Places
B. 1 . Page 15
( 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 subsection ( d )cof listed in
this ordinancesept in facilitieand
( 11 ) swimming pools owned or operated by thiedity .
( c ) Restrictions on Smoking in Certain other Public Places . a
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 ,
LISA446ME8500
Smoking in Certain Public
Places
B. 1 . Page 16
stage or other similar performance , except
when smoking is part of a stage production ;
( y ) 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 each stating that
facility *
( 1 ) bars , and separated bar areas of restaurants ;
( 2') beauty salons and barber shops ;
( 3 ) retail ss f whoseprimary
and source
isthe sale
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
shalplace make towhich
icof the
ordinance applies
following three designations . The manager may
IIBER, 1446PAGE851
Smoking in Certain Public
Places
B. 1. Page 17
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 .
LIKE 1446PAGE852
Smoking in Certain Public
Places 1
B. 1 . Page 18
( 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 other persons or
sets of circumstances shall not be affected thereby .
( i ) Effective Date .
This ordinance shall be effective three months after the
date of approval by the Fayetteville Board of Directors .
PASSED AND APPROVED this 17th day of December , 1991s
APPROVED :
B M yor
., "c .
f, s rk
�.,.. .
is
r
unR 1446m,853
Smoking in Certain Public
Places
B. 1. Page 19 — -
CHAPTER 95: HEALTH AND SANPCATION
Section 4 95.03 Enforcement of lien; notice.
95.01 Unsightly or unsanitary conditions on reel prop-
erty; order end notice to mrreet (A) The lien herein provided for may be enforced and
95.02 Abatement by city; mets responsibility of owner collected in either one of the fallowing manners:
95.03 Enforcement of lien; notice
95.04 Public nuisance; abatement (1) The lien may be enforced at any time within 18
95.05 Regulation of smoking in certain public plain months after work has been done, by an action in
95.99 Penalty the chancery court; or
(2) The amount of the lien herein provided may be
$ 95.01 Unsightly or unsanitary conditions on real determined at a hearing before the city council held
ro order and notice to correct. agar 30 days' written notice by certified mail to
property-, the owner or owners of the property, if the name
and whereabouts of the owner or owners be known,
(A) The mayor, or his duly authorised representative, is and if the name of the owner or owners cannot be
hereby authorized to order the owner of any real property determined, then only after publication of notice of
within the city to cut weeds and grass growing thereon, such hearing in a newspaper having a bona fide
remove garbage, rubbish and other unsanitary and un- circulation in Washington County for one insertion
sightly articles and thin therefrom and eliminate, fillup per week for four consecutive weeks; the determi-
or remove any stagnant pool of water or any other unsan- nation of the city council shall be subject to appeal
itary thing, place or condition on such, property which by the property owner in the chancery court; and
might become a breeding Place for mosquitoes, flies and the amount so determined at said hearing, plus 6%
germs harmful to the health of the community. Whenever penalty for collection, shall be by the city council
any such condition is found to exist, the mayor, or his duly certified to the tax collector of the county, and by
. authorized representative, shall give the owner of the prop him placed on the tax books as delinquent taxes,
erty written notice to perform such acts within 20 days. In and collected accordingly, and the amount, less 3%
can the owner of the property is unknown or his where- thereof, when so collected shall be paid to the city
abouts is not known or he is a nonresident of this state, a by the county tax collector.
copy of the written notice shall be posted upon the prem. (Code 1965, 111-3; Ord. No. 1903, 52832; Ord. No. 1721,
ism. 12.16.69; Ord. No. 2657, 9.479; Ord. No. 2922, 517.83)
(B) It shall be unlawful for any person to fail or refuse (B) In case the owner of any lot or other real property is
to comply with any order and notice given pursuant to this unknown or his whereabouts is not known or he is a non-
section. resident of this state, then a copy of the written notice
(Code 1965, 5 11-1; Ord. No. 1303, 528.62; Ord. No. 1721, hereinabove referred to shall be posted upon the premises
12.15-69) and before any action to enforce such lien shall be had, the
Crow reference—Penalty. 1195.99. city clerk shall make an affidavit setting out the fade as
to unknown address or whereabouts or nonresidence, and
thereupon service of the publication as now provided for
by law against nonresident defendants may be had, and
4 95.02 Abatement by city; costs responsibtlity of an attorney ad litem shall be appointed to notify the de-
owner, fendant by registered letter addressed to his last known
place of residence if same can be found.
(Code 1965, ¢ 113.1; Ord. No. 2557, 9.479)
If the conditions described in a notice given pursuant to
$ 95.01 are not removed or corrected within 20 days after
such notice is given, the mayor, or his duly authorized
representative, is hereby authorised to enter upon the prop 95.04 Public nuisance; abatement.
erty and do whatever is necessary to correct or remove the
conditions described, in the notice. The costa of correcting
said conditions shall be charged to the owner or owners of (A) It shall be unlawful for the owners, occupants, ten.
. the property and the city shall have a lien against such ants, or lessees of any dwelling or place of business to
property for such costs. allow garbage, trash or other litter to accumulate on his
(Code 1965, 11-2; Ord. No. 1303, 528.62; Ord. No. 1721, premises, or to place or cause to be placed paper, card-
12.15.69; Ord. No. 2567, 9.4-79) board or other litter in ouch manner as to cause unsightly
Crow referenoe—Peneky. 195.99. or unsanitary conditions in the city.
Supp. No. 4 21
_ 1
Ott
• _
TV
, •
: M I '
I ITT
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Smfokkiing In Certain Public
Pla
' Health and Sanitation B 1 Page 21
• (7) Public transportation terminals; (6) Restaurants in business on the date of enactment
of this section, whether under the game or new
(8) Buses, taxis, and airport limousines operating management, if the seating capacity is 30 or less.
within the city limits;
(E) Duties of managers of public places.
(9) Elevators accessible to the public;
(1) The manager of public place to which this section
(10) Restrooms, except in facilities listed in subsection applies shall make one of the following three des.
(D) of this section; and ignations. The manager may designate:
(11) Swimming pools owned or operated by the city. (a) The entire public place as a nonsmoking fa-
cility; or
(C) Restrictions on smoking in certain other public
places. No person shall smoke in the following public (b) Separate areae of the public place as a desig-
places, except in designated smoking areas: nated smoking and nonsmoking, if permitted
by subsection (C) of this section; or
(1) Facilities primarily used for exhibiting any motion
picture, lecture, musical rectal, stege or other aim- (c) The entire public place as a smoking-permitted
ilar performance, except when smoking is part of a facility, if permitted by subsection (D) of this
stage production; section.
(2) Enclosed walkways in malls and shopping centers; (2) The manager of a public place, if the entire public
place has been designated a smoking permitted fa-
(3) Hotels and motels; cility, shall poet a conspicuous notice on each public
entrance stating that smoking is permitted
(4) Museums and galleries; throughout the facility.
• (5) Bank and retail stores doing business with the gen- (3) The manager of a public place in which smoking is
eral public, except for retail stores whose primary prohibited or restricted shall place conspicuous
source of revenue is the sale of tobacco and tobacco- signs at each public entrance up to a maximum of
related products; six entrances, and at appropriate places within the
public place, notifying the public that:
(6) Restaurants in business on the date of enactment
of this section, whether under the same or new (a) Smoking is prohibited, or
management, if the seating capacity is 30 or less
and the management poets a conspicuous notice on (b) That smoking is prohibited except within des•
each public entrance stating that smoking is per- ignated smoking areas, or
mitted throughout the restaurant; and
(c) That smoking in permitted except within des.
(7) Health spas, roller rinks, bowling alleys, and other ignated nonsmoking areas.
indoor sports or recreation facilities, except for pool
halls. (4) The manager of a public place in which a smoking
(D) The provisions of this section shall not to the _ and nonsmoking area has been designated shall
P aPP�Y comply with the requirements of this section for
following facilities, provided that the facility posts a con- siting of the designated emoting and nonsmoking
spicuous notice on each public entrance stating that wee,
smoking is permitted throughout the facility:
(5) The manager of a public place in which smoking is
(1) Bars, and separated bar areas of restaurants; prohibited or restricted shall not knowingly permit,
or fail to make reasonable efforts to prevent,
(2) Beauty salons and barber shops; smoking in any area where smoking is prohibited.
The manager may fulfill this duty by asking
(3) Retail storm whose primary source of revenue is smokers to refrain from smoking in a nonsmoking
the sale of tobacco and tobacco-related products; area or directing smokers to designated smoking
areas.
(4) Gasoline station and convenience acorea;
(6) Nothing in this section shall preclude the manager
(5) Pool halls; of a public place luted in subsections (C) or (D) of
Supp. No. 4