Smoke Free Avon Ordinance

ORDINANCE 2006- 16

 

An Ordinance Establishing Non Smoking Areas

Within the Town of Avon Municipal Boundaries 

 

WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer in non-smokers; and

 

WHEREAS, people at special risk to secondhand smoke include children, the elderly, individuals with cardiovascular disease or impaired respiratory function, including asthmatics, and those with obstructive airway disease; and

 

WHEREAS, health hazards induced by breathing secondhand smoke including lung cancer, heart disease, respiratory infection, decreased respiratory function, and bronchospasm; and

 

WHEREAS, the Town of Avon finds and declares that the purposes of this ordinance are: 1) to protect the public health and welfare by prohibiting smoking in public places, and places of employment; and 2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

 

WHEREAS, in the balancing of these interests, and the interest of businesses and organizations which restrict entry in to their facilities because of age or  membership, the Town finds that it is in the best interest of the citizens of the Town of Avon for bars and private clubs to be exempt from the provisions of  this Ordinance which prohibits smoking.

 

WHEREAS, the Town finds that it has an interest in prohibiting smoking in its own facilities, including the Park, in order to protect its employees from exposure to secondhand smoke because the Town provides health insurance for its employees and has a direct financial interest in the health of its employees.

 

 

 

 

 

 

BE IT ORDAINED BY THE TOWN COUNCIL OF THE

TOWN OF AVON, INDIANA

Section 1. Definitions.

As used in this Chapter, the following have the following meanings unless otherwise designated:

a. "Bar" means any establishment (1) used primarily for the sale of alcoholic beverages for consumption by guests on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages, including but not limited to taverns, nightclubs, and cocktail lounges, which (2) employs persons 21 years of age or older.

 

b. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.

 

c. "Restaurant" means any establishment used as or held out to the public as having food available for payment to be consumed on the premises, including coffee shops, cafeterias, cafes, luncheonettes sandwich stands and soda fountains. The term "restaurant" shall include a bar area within the restaurant.

d. "Theater" means any enclosed facility, open to the public, which is primarily used for or designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other similar performance.

 

e. "Smoke" or "smoking" means the act of lighting, carrying, inhaling from, or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.

 

f. "Public place" means any enclosed area used by the general public, including, but not limited to, retail stores and financial institutions, department stores, banks, laundromats and beauty and barber shops, retail food production and marketing establishments, retail service establishments, and other commercial establishments, regardless of whether a fee is charged for admission to the place.

 

g. "Enclosed Area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling.

 

h. "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, private offices, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways.

 

i. "Retail Tobacco Store" means retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. The term does not include retail stores where food or beverages are sold for consumption on the premises or where an area has been set-aside on the premises for customers to consume food or beverages.

 

j. "Health Care Facility" means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill.

 

Section 2. Application of Chapter to Town-owned Facilities

All facilities, (including buildings, parkland, grounds and vehicles), owned, leased, or operated by the Town of Avon, shall be subject to the provisions of this Chapter.

 

Section 3. Smoking prohibited in public places.

Smoking shall be prohibited in all enclosed public places within the Town of Avon, including but not limited to, the following places:

            a. Aquariums, galleries, libraries, and museums.

            b. Areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public, including but not limited to, professional offices, banks, laundromats, hotels, and motels.

            c. Bingo facilities.

            d. Convention facilities.

            e. Elevators.

            f. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance.

            g. Health care facilities.

            h. Licensed childcare and adult day care facilities.

            i. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

            j. Polling places.

            k. Public transportation facilities, ticket, boarding, and waiting areas of public transit depots.

            l. Restaurants.

            m. Restrooms, lobbies, reception areas, hallways, and other common-use areas.

            n. Retail stores.

            o. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the Town] or a political subdivision of the State when a public meeting is in progress, to the extent the place is subject to the jurisdiction of the Town of Avon.

            p. Schools.

            q. Service lines.

            r. Shopping malls.

            s. Sports arenas, including enclosed places in outdoor arenas

            t. bowling alleys and centers

            u. roller skating facilities

 

Section 4. Prohibition of Smoking in Places of Employment.

Smoking shall be prohibited in all enclosed areas within places of employment. This includes, but is not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, , and all other enclosed facilities.

 

Section 5. Reasonable Distance

Smoking shall be prohibited within fifty (50) feet from an enclosed area where smoking is prohibited by this Chapter, so as to insure tobacco smoke does not enter into establishments designated as smokefree under this Chapter through entrances, windows, ventilation intakes or other means.


Section 6. Where Smoking is Not Regulated.

The prohibitions of Section 2 shall not apply to the following:

            a. Private residences, except when used as a licensed childcare, adult day care, or health care facility.

            b. Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided however, that not more than twenty five (25%) of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.

            c. Retail tobacco stores; provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance.

            d. Outdoor areas of places of employment.

            e. Bars, provided that smoke from these places does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance.

            f. Any business that:

                        1). Is exempt from federal income taxation under 26 U.S.C. Section 501 (c)

                        2). Is a club as that term is defined by Ind. Code Section 7.1-3-20-1, or a "fraternal club" as that term is defined by Ind. Code Section 7.1-3-20-7

                        3). Holds a beer, liquor or wine retailer's permit under the laws of this state; and

                        4). Provides food or alcoholic beverages only to its bona fide members and their guests

 

f. None of the areas in the Section 6, subsection a to f, shall be exempt from the provisions of Sections 2, 3 and 4 if the smoke from smoking enters any area where smoking is otherwise prohibited by this Chapter.

 

Section 7. Declaration of Establishment as Nonsmoking.

Notwithstanding any other provision of this Chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 8 is posted.

 

Section 8. Posting of Signs.

Every public place and place of employment where smoking is prohibited by this Chapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

 

Any establishment exempted under Section 6, c, d, e or f shall clearly and conspicuously post the following sign at every entrance: "Warning-This is a smoking establishment."

 

 

Section 9. Enforcement.

A. This Chapter shall be enforced by the Avon Town Manager or his/her designee..

B. Any citizen who desires to register a complaint under this Chapter may initiate enforcement with the Avon Town Manager or his/her designee.

C. The Health Department, Fire Department, or their designees may, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Chapter.

D. An owner, manager, operator, or employee of an establishment regulated by this Chapter shall inform persons violating this Article of the appropriate provisions thereof.

 

Section 10. Violations and Penalties.

A. A person who smokes in an area where smoking is prohibited by the provisions of this Chapter shall be guilty of an infraction, punishable by a fine of fifty dollars ($50).

B. A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Chapter shall be guilty of an infraction, punishable by:

1. A fine of one hundred dollars ($100) for a first violation.

2. A fine of two hundred dollars ($200) for a second violation within one (1) year.

3. A fine of five hundred dollars ($500) for each additional violation within one (1) year.

D. Each day on which a violation of this Chapter occurs shall be considered a separate and distinct violation.

 

Section 11. Non-retaliation.

No person or employers shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke-free environment afforded by this Ordinance.

 

Section 12. Other applicable laws.

This Chapter shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws or to supercede any local laws which are more restrictive.

 

Section 13. Chapter to be broadly interpreted.

This Chapter shall be construed broadly to effectuate the purposes described in the preamble of this ordinance.

 

 

 

 

 

 

Section 14. Severability.

If any section or sentence or provision of this Ordinance, or the application thereof to any person or circumstances shall be declared unconstitutional or invalid, such invalidity shall not affect any of the other sections, sentences, provisions or application of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable.

 

Section 15. Effective Date.

 

This Ordinance shall be effective September 1, 2006 .

 

This Ordinance is passed this            day of                    ,   2006.

 

Avon Town Council

 

                                                                                                ______________________

                                                                                                Eva Yackey, President

 

                                                                                                ______________________

                                                                                                Dave Jackson, Vice President

 

                                                                                                ______________________

                                                                                                Dave Cox, Member

 

                                                                                                ______________________

                                                                                                Kathyrn Miller, Member

 

                                                                                                ______________________

                                                                                                Mike Rogers, Member

 

 

Attested by:

 

____________________________

Sharon K. Howell, Clerk-Treasurer


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