OR 89-435 Certain public establishments non-smoking areasFINAL 03/22/89TM 1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 89435
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER
NINE (9) OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY ADDING
THERETO A NEW ARTICLE 9-14 DESIGNATING CERTAIN RETAIL AND
SERVICE ESTABL IS HMEN TS, PUBLIC BUILDINGS, FOOD SERVICE
ESTABLISHMENTS AND IN THE WORKPLACE AS NONSMOKING AREAS; PROVIDING
SIGN REQUIREMENTS; PROVIDING MINIMUM STANDARDS FOR NONSMOKING
AREAS; REQUIRING WRITTEN POLICIES IMPLEMENTING THIS ORDINANCE;
PROHIBITING SMOKING IN DESIGNATED NONSMOKING AREAS; PROVIDING
EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFF ENSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the smoking of tobacco or weeds or other plant products
has been demonstrated to have a detrimental effect on not only the
smoker but others in close proximity to the smoker; and
WHEREAS, it is the right of citizens of the City of Coppell to be
able to choose for themselves whether to smoke either actively or
passively; and
WHEREAS, it is the policy of the City of Coppell to encourage food
service establishments which have enclosed dining areas to provide
adequate seating for those patrons who prefer a smoke-free
environment; and
WHEREAS, a significant degree of involuntary exposure to
second-hand smoke occurs in the workplace; and
WHEREAS, there is no current ordinance protecting individuals from
involuntary exposure to second-hand smoke in the City of Coppell;
and
WHEREAS, the citizens of the City of Coppell have demonstrated a
desire voluntarily to comply with city ordinances which protect
public health; and
WHEREAS, although failure to comply with an ordinance regulating
smoking would be punishable by a fine, the goal of the City of
Coppeli in enacting this ordinance is to work with the affected
business toward public awareness and voluntary compliance; and
WHEREAS, regulations regarding smoking will be enforced by the
Environmental Health Department of the City of Coppell only on a
complaint basis, Now, Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL:
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SECTION 1. AMENDING CODE TO REGULATE SMOKING
The City of Coppell Code of Ordinances is hereby amended by
adding to Chapter 9 the following new Article 9-14:
"ARTICLE 9-14 NO SMOKING ORDINANCE
Section 9-14-1DEFINITIONS
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.
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.
Enployee means any person who works for hire at a
designated indoor area including an independent
contractor with an assigned indoor location.
Employer means any person who employees ten or more
employees.
Food Products Establishment means any operation
defined as such in Article 6-8-2 of this code.
Hospital means any institution that provides
medical, surgical, and overnight facilities for
patients.
Person means an individual; firm, partnership,
association, or other legal entity.
Retail and Service Establishment means any
establishment which sells goods or services to the
general public.
Public Service Area means any area to which the
general public routinely has access for municipal
services or which is designated a public service
area in a written policy prepared in compliance
with this ordinance.
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Second-Hand Smoke means ambient smoke resulting
from the act of smoking.
Workplace means any indoor area where an employee
works for an employer, including an administrative
area but excluding:
A. a domestic residence;
B. a factory or warehouse where smoking is
regulated by another city ordinance or a
state or federal law;
C. an enclosed room with only one regular
occupant; or
Do an area open to the public and regulated
by other sections of this ordinance.
Sec. 9-14-2 SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS.
A. A person commits an offense if he smokes or
possesses a burning tobacco, weed, or other
plant product in any of the following indoor
or enclosed areas:
1. An elevator used by the public;
2. A hospital or nursing home corridor
providing direct access to a patients'
room:
3. any meeting room, or public service area
of any facility owned, operated, or
managed by the city; but does not include
any convention center, sports area and
common areas of city-owned theaters,
concert halls, or cultural facilities;
4. any retail or service establishment
serving the general public, including,
but not limited to, any department store,
grocery store, or drug store and shall
include any convention center, sports
arena and common areas of city owned
theaters, concert halls, and cultural
facilities;
5. an area marked with a no smoking sign in
accordance with Subsection B by the owner
or person in control of a hospital,
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nursing home, or retail or service
establishment serving the general public;
or
6. any facility of a public primary or
secondary school; or an enclosed theater,
movie house, library, museum, or transit
system vehicle.
B. The owner or person in control of an
establishment or area designated in Subsection
A of this ordinance shall post a conspicuous
sign at the main entrance to the
establishment . The sign shall contain the
words "No Smoking, City of Coppell Ordinance,"
the universal symbol for no smoking, or other
language that clearly prohibits smoking.
C. Every hospital shall:
1. allow all patients, prior to elective
admission, to choose to be in a no smoking
patient room; and
2. require that employees or visitors obtain
express approval from all patients in a
patient room prior to smoking.
D. The owner or person in control of an
establishment or area described in Subsection
A 4 or A 6 may designate an area, including
but not limited to lobbies, meeting rooms, or
waiting rooms, as a smoking area; provided
that the designated smoking area may not
include:
1. the entire establishment;
2. cashier areas or over the counter sales
areas; or
3. the viewing area of any theater or movie
house;
E. It is a defense to prosecution under this
sect ion if the person was smoking in a
location that was:
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a designated smoking area of a facility or
establishment described in Subsection A 4
or A 6 of this section which is posted as
a smoking area with appropriate signs;
2. an administrative area or office of an
establishment described in Subsection A 4
or A 6 of this section;
3. a retail or service establishment serving
the general public with less than 500
square feet of public showroom or service
space or having only one employee on duty,
unless posted as designated in Subsection
A 5 of this section;
4. a retail or service establishment which is
primarily engaged in the sale of tobacco,
tobacco products, or smoking implements;
or
5. a retail or service establishment which is
a food products establishment regulated by
Section 9-14-4.
Sec. 9-14-3 WRITTEN POLICY REQUIRED
The owner or person in control of any facility or
area designated as a no smoking area in Section
9-14-2 A 3 or 4 shall:
A. have and implement a written policy on smoking
which conforms to this ordinance; and
B. make the policy available for inspection by
employees and the director.
Sec. 9-14-4 FOOD PRODUCTS ESTABLISHMENTS
A. A food products establishment which has indoor
or e nc losed dining areas shall provide
separate indoor or enclosed dining areas for
smoking and nonsmoking patrons.
B. A nonsmoking area must:
1. be separated, were feasible, from smoking
areas by a m in imum of four feet of
contiguous space;
2. be ventilated, where feasible, and situated
so that air from the smoking area is not
drawn into or across the nonsmoking area;
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3. be clearly designated by appropriate signs
visible to patrons within the dining area
indicating that the area is designated
nonsmoking; and
4 . have ash trays or other suitable
containers for extinguishing smoking
materials at the perimeter of the
nonsmoking area.
C. Each food products establishment which has a
dining area shall:
1o have and implement a written policy on
smoking which conforms to this ordinance;
2. make the policy available for inspection
by employees and the director or his
authorized representatives; and
3. have signs at the establishment's
entrance indicating that nonsmoking
seating is available.
D. Nondining areas of any food products
establishment affected by this ordinance to
which patrons have general access, including,
but not limited to, food order areas, food
service areas, restrooms, and cashier areas,
shall be designated as nonsmoking areas.
E. It is a defense to prosecution under this
ordinance that the food establishment is:
1. an establishment which has indoor seating
arrangements for less than 50 patrons;
Sec. 9-14-5 SMOKING IN FOOD PRODUCTS ESTABLISHMENTS
A person commits an offense if he smokes or
possesses a burning tobacco, weed, or other plant
product in an area of the food products
establishment designated as nonsmoking.
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Sec. 9-14-6 EMPLOYER WORKPLACE REQUIREMENTS
An employer who owns, occupies, or controls a
workplace shall:
A. have and implement a written policy on smoking
that:
1. Conforms to this ordinance;
2. reasonably accommodates the interest of
both nonsmokers and smokers but minimizes
the involuntary expose of nonsmokers to
second-hand smoke;
3. designates nonsmoking areas so as to use
existing structural barriers and
ventilation to minimize involuntary
exposure of nonsmoker to second-hand
smoke; and
4. establishes a procedure for addressing
employee complaints.
B. provide conspicuous signage indicating
nonsmoking areas.
C. not discharge, retaliate, or discriminate
against any employee who:
1. files any complaint or causes any
proceeding to be instituted under or
related to this ordinance;
2. testifies or will testify in any
proceeding instituted under this
ordinance; or
3. exercises on his own behalf or the behalf
of others any right afforded by this
ordinance.
Sec. 9-14-7 WORKPLACE PROHIBITION
Nothing in this ordinance shall prohibit an
employer from designating an entire workplace as
nonsmoking.
Sec. 9-14-8 SMOKING PROHIBITED
A person commits an offense if he smokes or
possesses a burning tobacco, weed, or other plant
product in an area designated as a nonsmoking
area pursuant to this ordinance.
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Sec. 9-14-9 MANAGER'S RESPONSIBILITY
The owner, operator, manager, or employee of an
establishment or workplace wherein smoking is
prohibited, or any section or area thereof wherein
smoking is prohibited, shall be required to orally
inform persons violating this ordinance of the
provisions thereof ("violator"). The duty to infrom
such viola to r sh al 1 arise when such owner,
operator, manager, or employee or same becomes
aware of such violation. If the violator continues
to violate this ordinance after requested to cease
smoking in a prohibited area, the owner, operator,
manager, employee or any affected person may file a
complaint against the violator within ten (10) days
of the incident in the City of Coppell Municipal
Court or take any action authorized by law. Any
such owner, operator, manager, and employee who
knowingly violates the provisions of this ordinance
when such duty arises as herein described shall be
subject to the penalties provided in Section 4
Sec. 9-14-10 GENDER
The use herein of (i) the singular number shall be
deemed to mean the plural; (ii) the masculine
gender shall be deemed to mean the feminine or
neuter; (iii) the neuter gender shall be deemed to
mean the masculine or feminine whenever the sense
of this Article so requires.
SECTION 2. REPEALING CLAUSE
All ordinances, or parts of ordinances,
inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or
provision of this ordinance shall be adjudged
invalid or held unconstitutional, the same shall
not affect the validity of this ordinance as a
whole or part or provision thereof, other than the
part so decided to be invalid or unconstitutional.
SECTION 4. PENALTY CLAUSE
Any person, firm or corporation violating any of
the provisions of this ordinance shall be deemed
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guilty of a misdemeanor and, upon conviction, shall
be punished by a penalty of fine not to exceed the
sum of Five Hundred Dollars ($500.00) for each
offense, and each and every day such offense is
continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect sixty (60)
calendar days after publication of its caption as
the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell this
the 28th day of March , 1989
LOU DUGGAN
.
MAYOR
ATTEST:
DOROTHY TIMMONS, CITY SECRETARY
APPROVED AS TO FROM:
CITY ATTORNEY