OR 2016-1445 No SmokingORDINANCE NO. 2016-1445
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AMENDING THE
CODE OF ORDINANCES BY REPEALING CHAPTER 9 `GENERAL
REGULATIONS', ARTICLE 9-14 `NO SMOKING ORDINANCE' IN ITS
ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 9, ARTICLE
9-14, "NO SMOKING" BY ELIMINATING SMOKING IN PUBLIC
AREAS; PROVIDING FOR PROHIBITION OF SMOKING IN ENCLOSED
BUILDINGS, PLACES OF EMPLOYMENT; PROVIDING LIMITED
AREAS OF SMOKING IN RESTAURANTS; PROVIDING FOR
PROHIBITION OF SMOKING IN CERTAIN OUTDOOR AREAS;
PROVIDING AN EXEMPTION; PROVIDING FOR POSTING OF SIGNS;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES OR
PERSONS SMOKING NOT TO EXCEED $500.00; PROVIDING FOR
PENALTIES FOR BUSINESS OR ESTABLISHMENTS NOT TO EXCEED
$2,000.00; BY PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; PROVIDING A PENALTY FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED THE SUM OF FIVE HUNDRED
DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Coppell does hereby find that secondhand smoke exposure causes
disease and premature death in children and adults who do not smoke, and children exposed to
secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute
respiratory problems, ear infections, and asthma attacks, and that smoking by parents causes
respiratory symptoms and slows lung growth in their children;
WHEREAS, exposure of adults to secondhand smoke has immediate adverse effects on
the cardiovascular system and causes coronary heart disease and lung cancer;
WHEREAS, there is no risk-free level of exposure to secondhand smoke; and
WHEREAS, establishing smoke-free workplaces is the only effective way to ensure that
secondhand smoke exposure does not occur in the workplace, because ventilation and other air
cleaning technologies cannot completely control for exposure of nonsmokers to secondhand
smoke; and evidence from peer-reviewed studies shows that smoke-free policies and laws do not
have an adverse economic impact on the hospitality industry. (U.S. Department of Health and
Human Services.)
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS, THAT:
SECTION 1. The Coppell Code of Ordinances, Chapter 9, "General Regulations", Article
9-14 "No Smoking Ordinance" is hereby repealed in its entirety and replaced with new Article 9-
14, "No Smoking", which shall hereinafter read as follows:
Chapter 9
ARTICLE 9-14
"NO SMOKING
Section 9-14-1 - Purpose
The purpose of this chapter is to improve and protect the public's health by eliminating
smoking in public areas, and to guarantee the right of non-smokers to breathe smoke
free air.
Section 9-14-2 - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
"Administrative" area means the area of an establishment not generally
accessible to the public, including but not limited to individual offices, stockrooms,
employee lounges, or meeting rooms.
"Bar" means establishment licensed by the State which has more than fifty-one
percent (51%) of its annual gross sales from alcoholic beverages for on premises
consumption. Calculation of gross sales shall be made from combined sale of food and
beverages. Restaurants that contain a bar are not considered a "bar" for that purpose of
this chapter.
"City" means the City of Coppell, Texas.
"Director" means the director of the department designated by the city manager
to enforce and administer this article, or the director's designated representative.
'Electronic Cigarette" (E -cigarette) means any electronic or battery operated
device that is designed to deliver nicotine or other chemicals or substances by creating
a vapor or mist that is deliverable to the user through inhalation in the simulation of
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smoking. This term shall include every version and type of such devices whether they
are manufactured or marketed as electronic cigarettes, e -cigarettes, electronic cigars, e -
cigars, electronic pipes, e -pipes, or under any other product name or description.
"Employee" means any person who works for hire, including an independent
contractor and any person who is working as a volunteer for a nonprofit entity.
"Employer" means any person (partnership, corporation, association or other
entity) employing one or more employees.
"Enclosed" means an area that: (A) is closed -in by an overhead roof or other
covering of any material, whether permanent or temporary; and (B) has 40 percent or
more of its perimeter closed in by walls or other coverings of any material, whether
permanent or temporary
"Food Establishment" means an operation that stores, prepares, manufactures
packages, serves, vends, or otherwise provides food for human consumption such as
restaurants, mobile vendors, and concession stands.
"Health Care Facility" means any facility that provides health care, medical,
surgical, psychological, psychiatric or personal care services including, but not limited
to adult day-care facilities, assisted living facilities, community mental health centers,
end stage renal disease facility, hospitals, nursing homes or special care facilities or
special hospitals.
"Patio" means an improved and defined unenclosed outside area associated
with a food service establishment or bar used for purposes of dining or entertainment,
provided that walkways are not to be considered patios; and further provided such
establishment has a defined entrance at least ten feet from the designated smoking area.
"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, employee lounges and
restrooms, conference and classrooms, employee cafeterias and hallways. An enclosed
room with only one occupant is not considered place of employment and a private
residence is not a "place of employment" unless it is used as a child care, adult day care
or health care facility
"Physical Barrier" means a barrier that will form an effective membrane
continuous from outside wall to outside wall, from a smoke barrier to a smoke barrier,
from floor to floor, or roof above, or combination thereof, including continuity through
all concealed spaces, such as above suspended ceiling, interstitial structural and
mechanical spaces. Transfer grilles, louvers and similar openings shall not be used in
these partitions. Self-closing, tight fitting doors are permitted in such barriers.
"Private Club" means an association of persons as members, whether
incorporated or unincorporated under the laws of the state, for the promotion of some
common object, and organized by a board of representatives, including but not limited
to a fraternal organization, private social or dinner club. When used to describe a
facility in this Chapter, Private club shall mean any enclosed area to which the public
is not invited or in which the public is not permitted which is owned, leased or rented
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by the Private club for its members and their guests. A privately -owned business, open
to the public, is not a Private club.
"Private Function" means the rental of a ballroom, private club, or other
facility for the sole purpose of entertaining, private parties, events or other social
functions other than a city facility that the general public is not able to attend.
"Public place or common area" means any enclosed area to which the public is
invited, permitted, or has access within any business, building, structure, or any other
place of public accommodation, restaurant, retail or service establishment, including
but not limited to, banks; educational facilities; health facilities; Laundromats; public
transportation facilities; reception areas; production and marketing establishments;
retail service establishments; retail stores; theaters and waiting rooms. A public place
does not include a private club as defined above.
"Retail and Service establishment" means any establishment that sells goods
or services to the general public.
"Retail Tobacco Store" means a retail store which derives 70 percent or more
of its gross revenue from the sale of tobacco products and accessories.
"Second -Hand Smoke" means ambient smoke resulting from the act of
smoking.
"Service line" means any indoor or outdoor line at which one or more persons
are waiting for or receiving service of any kind, whether or not such service involves
the exchange of money.
"Smoke" or "smoking" means burning, inhaling or exhaling the fumes of any
organic or synthetic material, including but not limited to plants, herbs, cigars,
cigarette, pipe tobacco, tobacco or flavored tobacco, or possessing any product, device,
or equipment producing smoke or vapors intended to be inhaled or exhaled.
"Smoke-free "entrance zone means that area within 25 feet of any door,
operable window/vent or other opening to a public building, place of employment or
where smoking is prohibited
"Smoking Lounge" means a business establishment that is dedicated, in whole
or part, to the selling or smoking of tobacco products, electronic cigarettes, or other
substances, including but not limited to establishments known variously as cigar
lounge, hookah lounge, or tobacco bars.
"Sports Arena" means sports pavilions, gymnasiums, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places
where members of the general public assemble either to engage in physical exercise,
participate in athletic competition, or witness sports events.
"Tobacco Product" means any tobacco, cigarette, cigar, pipe tobacco, water
pipe, flavored tobacco, smokeless tobacco, snuff or any other form of tobacco, or any
substance contained a detectable amount of nicotine which may be utilized for
smoking, chewing, inhalation or other manner of ingestion or absorption.
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Section 9-14-3 - Smoking prohibited in certain areas.
It shall be unlawful within the City of Coppell, except as otherwise permitted
in this article, for any person to smoke in the following places:
A. Health care facilities, elevators, restrooms, lobbies, hallways, and other common
areas of any building, structure or business, apartment buildings, condominiums,
trailer parks, retirement facilities, nursing homes, and other multiple unit
residential facilities.
B. Any area of any building or grounds owned, operated or managed by the city,
including, but not limited to parks, trails, farmers market, municipal swimming
pools, recreation centers, senior center, criminal justice center, fire stations, police,
utility location and fire training centers, municipal service center, city -owned
theaters, city owned library, cultural facilities, and any seating area of an athletic
facility (including an indoor or outdoor athletic facility).
C. Every room, common area, chamber, place of meeting or public assembly, within
any public or private buildings.
D. Any retail business or establishment serving the general public, including, but not
limited to, any department store, grocery store, or drug store, or shopping mall,
retail store of any kind.
E. Enclosed office or other facilities within place of employment to which the general
public does not have access.
F. Service line in a public or common area, regardless of whether the line is indoors
or outdoors.
G. Any area temporarily designated as nonsmoking by order of the city officials or by
the owner or person in control of the facility.
H. Any facility of a public primary or secondary school; or an enclosed theater, movie
house, museum, or transit system vehicle.
L All areas available to and customarily used by the general public in all businesses,
including, but not limited to, attorneys' offices and other offices, banks,
Laundromats and country clubs.
J. Sport Arenas and Convention halls, including bowling and billiard facilities.
K. Within 25 feet of any door, operable window/vent or other public access or any
place where smoking is prohibited.
9-14-4- Smoking is not prohibited in the following areas.
Smoking is permitted and not otherwise unlawful in the following places:
A. Private residences, including porch and yard areas, except when the residence is
used as child care, adult day care, or health care facility.
B. Personal automobiles.
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C. Outdoor places of employment except within 25 feet of any door, operable
window/vent or other opening to an enclosed area to which the public has access.
D. Parking lots within public parks, except within 25 feet of any door, operable
window/vent or other opening to an indoor enclosed area or service line.
E. Public sidewalks, except within 25 feet of any door, operable window/vent or other
opening public building, place of employment or place where smoke is prohibited.
F. Private clubs as defined in the above section.
G. Hotel or motel rooms rented to guests if permitted by the hotel or motel. Not more
than ten percent of hotel or motel rooms rented to guests and designated as rooms
where smoking is allowed. All rooms where smoking is allowed must be on the
same floor, contiguous, and smoke from these rooms must not infiltrate into areas
where smoking is prohibited under the provision of this article.
H. A bar as defined herein provided such establishment: (i) conspicuously posts a sign
stating "This Is A Smoking Establishment" at all entrances to the establishment
and in which the establishment has separate ventilation; (ii) and provides the city
health authority, at the end of each calendar quarter, with a written report of the
establishment's gross revenue of all food items and its gross revenue from the sale
of alcoholic beverages; and (iii) provides an air filtration system that prevents the
commingling of air with other businesses, common areas, hallways and other
nonsmoking areas. For purposes of this section gross revenue shall be calculated
using the normal selling price of all food items and all alcoholic beverages served
in the establishment and shall reflect the price normally charged for such items in
the particular establishment for which the establishment for which the gross
revenue figure is calculated, whether such item is actually sold at normal selling
price, below normal entrance fee or other consideration paid. Reduced prices
charged during promotions, happy hours and other occasions when drinks are sold
at reduced prices or served at no charge, shall not be considered "normal selling
price" for calculation of the gross revenue.
L Smoking lounge that derives 70 percent or more of the establishment's gross
revenue on a quarterly (three month basis) from the sale of tobacco products
provided the establishment: (i) conspicuously posts a sign stating "This Is A
Smoking Establishment" at all entrances to the establishment and in which the
establishment has separate ventilation; (ii) and provides the city health authority,
at the end of each calendar quarter, with a written report of the establishment's
gross revenue of all food items and its gross revenue from the sale of alcoholic
beverages; and (iii) provides an air filtration system that prevents the commingling
of air with other businesses, common areas, hallways and other nonsmoking areas.
For purposes of this section gross revenue shall be calculated using the normal
selling price of all food items and all alcoholic beverages served in the
establishment and shall reflect the price normally charged for such items in the
particular establishment for which the establishment for which the gross revenue
figure is calculated, whether such item is actually sold at normal selling price,
below normal entrance fee or other consideration paid. Reduced prices charged
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during promotions, happy hours and other occasions when drinks are sold at
reduced prices or served at no charge, shall not be considered "normal selling
price" for calculation of the gross revenue.
Section 9-14-5 - Smoking in food establishments.
A. Smoking is permitted in a food establishment in designated indoor or enclosed
dining areas, provided that the areas where smoking is permitted complies with
the provision of this subsection.
B. A designated smoking area must:
1. Be separated from the non-smoking area by physical barrier which prohibits
the smoke from leaving the smoking area.
2. Provides an air filtration system that prevents the commingling of air with
other businesses, common areas, hallways and other nonsmoking areas.
3. All air filtration or ventilation systems in the designated smoking area shall
provide a total air exchange every 15 minutes and shall exhaust that air to the
exterior of the building
4. A sign shall be posted on the premises in a conspicuous place to advise the
public that smoking is permitted in the designated smoking area.
5. Designated smoking areas shall not include restrooms, service lines, waiting
areas, public telephone areas, and other areas commonly used by all patrons,
including access thereto.
Section 9-14-6 - Duties of the owner, operator, or other person in charge.
A. An owner operator or other person in control of any of the areas in section 9-14-3
shall prohibit smoking in nonsmoking areas.
B. An owner, operator or other person in control of any of the areas in 9-14-4 shall
provide adequate, receptacles for proper disposal of combustible material in
smoking areas or at least 25 feet from entrances and exits.
Section 9-14-7 - Posting of signs
A. The owner, manager or other person having control of such building or premises
where smoking is prohibited by this article, may have a conspicuously posted sign
clearly stating "Enjoy Our Smoking Free Environment" at each entrance, whether
for the public, employees or deliveries, and at restroom entrances.
B. "Enjoy Our Smoking Free Environment" and "This is a Smoking Establishment"
signs shall have bold lettering of not less than one inch in height. The international
"No Smoking" symbol may also be used (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with red bar across it).
C. Any owner, manager, or other person having control of any establishment
regulated by this article shall be responsible for posting appropriate signage.
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Section 9-14-8 - Enforcement
A. Enforcement of this article shall be enforced by the health department or other
official as designated by the city manager by issuance of a municipal court citation.
B. Any person may register a complaint under this article to initiate enforcement by
the Environmental health department.
C. It is the duty of the owner, manager, operator or person in charge of any
establishment regulated by this article
1. To post signs in accordance with this ordinance
2. To not provide ashtrays, matches, lighters or other smoking related
paraphernalia in a premise where smoking is prohibited;
3. To advise a person who violates this article that smoking is not allowed; and
4. To request a person remove themselves from this location after that person
has been advised that smoking is not allowed and that person willfully
continues to smoke.
Section 9-14-9 -Offenses and penalties.
A. It shall be unlawful for any person who owns, manages, operates or otherwise
controls the use of any premises subject to regulation under this article to fail to
comply this ordinance.
B. Any person who violates any provision of Sections 9-14-3 shall be guilty of a
misdemeanor punishable by a fine not to exceed $500.00.
C. Any person, firm, corporation, partnership or business entity who violates any
provision of Section 9-14-5 through 9-14-7 shall be guilty of a misdemeanor
punishable by a fine not to exceed $2000.00.
D. Each day on which a violation of this article occurs shall be a separate and distinct
violation."
SECTION 2. That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of
Ordinances as a whole.
SECTION 3. That all provisions of the ordinances of the City of Coppell, Texas, in conflict with
the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of
the ordinances of the City not in conflict with the provisions of this ordinance shall remain in full
force and effect.
SECTION 4. That an offense committed before the effective date of this ordinance is governed
by the prior law and the provisions of the Code of Ordinances, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
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SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this
Ordinance shall be subject to the same penalty as provided for in the Code of Ordinances, as
amended, and upon conviction in the municipal court shall be punished by a fine not to exceed the
sum of as set forth herein for each offense, and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and the
publication of the caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 17E -'—day of
2016.
OF
i
1
Selbo unt, Mayor
ATTEST:
ristel Pettinos, City Secretary
APPROVED AS TO FORM:
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