Lenexa, KS Smoke-Free Workplaces and Public Places

Type: Ordinance

Status: 7/3/07

Source File: http://www.ci.lenexa.ks.us/legal/smoke_free_ordinance.html

Text:

ORDINANCE NO. 4965
AN ORDINANCE AMENDING TITLE 3, CHAPTER 5, ARTICLE F, SECTIONS 3-5-F-1, 3-5-F-3, 3-5-F-4, 3-5-F-5, 3-5-F-6, AND 3-5-I-6, OF THE CODE OF THE CITY OF LENEXA, KANSAS, MORE SPECIFICALLY RELATING TO SMOKING REGULATIONS, AND REPEALING THE EXISTING CODE SECTIONS 3-5-F-1, 3-5-F-3, 3-5-F-4, 3-5-F-5, 3-5-F-6, AND 3-5-I-6.

WHEREAS, the City of Lenexa Currently regulates smoking in Title 3, Chapter 5 of the Code of the City of Lenexa, Kansas; and

WHEREAS, secondhand smoke constitutes a public health risk; and

WHEREAS, the City is authorized to regulate smoking to protect the public health; and

WHEREAS, regulating smoking in the work place and public places will promote public health by decreasing citizens' exposure to secondhand smoke;

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LENEXA, JOHNSON COUNTY, KANSAS:

Section 1. Section 3-5-F-1 is hereby amended to read as follows

3-5-F-1 Section 1. PURPOSE
The City Council finds and declares that exposure to secondhand smoke creates a health risk. The purpose of this Article is to promote public health by decreasing citizens' exposure to secondhand smoke and creating smoke free environments for workers and citizens through regulation in the work place and all public places.

Section 2. Section 3-5-F-3 is hereby amended to read as follows

3-5-F-3 PROHIBITION OF SMOKING IN ENCLOSED PLACES OF EMPLOYMENT AND ALL ENCLOSED PUBLIC PLACES

A. Smoking shall be prohibited in all enclosed places of employment within the City.

B. It shall be the responsibility of employers to provide a smoke-free workplace for all employees.

Each employer having any enclosed place of employment located within the City shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes 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.

C. The smoking policy shall be communicated to all employees within four (4) weeks prior to the effective date of this ordinance.

D. All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

E. Smoking shall be prohibited in all enclosed public places within the City, including, but not limited to, the following places:

1. Any vehicle of public transportation, including, but not limited to, buses, limousines for hire and taxicabs.

2. Elevators.

3. Restrooms.

4. Libraries, educational facilities, daycare facilities as defined by Lenexa City Code, adult day care facilities, museums, auditoriums, aquariums, and art galleries.

5. Any health care facility, health clinics or ambulatory care facilities, including, but not limited to, laboratories associated with the rendition of health care treatment, hospitals, nursing homes, doctors' offices and dentists' offices.

6. Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting establishments, bowling alleys, arenas and swimming pools.

7. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance; provided, however, that smoking may take place on stage during live theatrical performances, where smoking is integral to the plot or storyline and prior notice is given to the audience.

8. Shopping malls.

9. Sports arenas, including enclosed places in outdoor arenas.

10. Bars.

11. Restaurants.

12. Convention facilities.

13. All public areas and waiting rooms of public transportation facilities, including, but not limited to, bus and airport facilities.

14. Any other area used by the public or serving as a place of work, including open office landscaping.

15. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including, but not limited to joint committees, or agencies of the City or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City.

16. All enclosed facilities owned by the City.

17. Rooms in which public assemblies, meetings or hearings open to the public are held, except where such rooms are in a private residence.

18. Within 10 feet of any public entrance to a public place; provided, however, that this prohibition shall not apply to the following: any portion of the public right of way that may be within 10 feet of said entrance; and the outdoor seating area of a restaurant or eating establishment if the establishment chooses to allow smoking in the outdoor seating area. With respect to said outdoor seating area, smoking may be allowed only if reasonable efforts are made to minimize the chance of smoke affecting the inside occupants of the establishment.

Section 3. Section 3-5-F-4 is hereby amended to read as follows

3-5-F-4 WHERE SMOKING IS NOT REGULATED
Notwithstanding any other provision of this Article to the contrary, the following areas shall not be subject to the smoking restrictions of this Article:

A. Private residences, not serving as enclosed places of employment or an enclosed public place.

B. An existing retail establishment whose primary business is the sale of tobacco products and new retail establishments whose primary business is the sale of tobacco products which are located in a stand-alone building not attached to or the part of any building devoted to other uses.

Section 4. Section 3-5-F-5 is hereby amended to read as follows

3-5-F-5 RESPONSIBILITIES OF PROPRIETORS, OWNERS AND MANAGERS
The person having control of a place, business, office or other establishment or activity subject to this Article shall not knowingly permit, cause, suffer or allow any person to violate the provisions of this Article in that place and shall take all necessary steps to prevent or stop another person from smoking in violation of this Article. "Necessary steps" means to take all reasonable action to prevent smoking in violation this Article by employees, patrons and visitors in the place, business, office or establishment, including: posting no-smoking signs and removing all ashtrays; verbally asking a person who is smoking to extinguish the smoking materials; refusing service to a person who is illegally smoking; verbally asking anyone illegally smoking to leave the premises; and applying standard business procedures in the same manner for violations of house rules or other local ordinances or state laws.

Section 5. Section 3-5-F-6 is hereby amended to read as follows

3-5-F-6 PENALTY FOR VIOLATION OF ORDINANCE

A. A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of a public offense, punishable by a fine not exceeding fifty dollars ($50).

B. A person having control of a public place or place of employment and who fails to comply with the provisions of this Ordinance shall be guilty of a public offense, punishable by:

1. A fine not exceeding one hundred dollars ($100) for a first violation.

2. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year.

3. A fine not exceeding five hundred dollars ($500) for a third and each subsequent violation within one (1) year.

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

D. In addition to the fines established by this Section, violations of this Article by a person having control of a public place or place of employment may result in the suspension or revocation of any City permit or license issued to the person for the premises on which the violation occurred.

Section 6. Section 3-5-I-6 is hereby amended to read as follows

3-5-I-6 SMOKING RESTRICTIONS.
As used in Article F of this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CIGARETTE: Any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape, and irrespective of tobacco being flavored, adulterated or mixed with any other ingredient if the wrapper is in greater part made of any material except tobacco.

EMPLOYEE: Any person who performs services for an employer, with or without compensation.

EMPLOYER: A person, partnership association, corporation, trust or other organized group of individuals, including the City or any agency thereof, which utilizes the services of one (1) or more employees.

ENCLOSED: All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of doors or passageways) which extend from the floor to the ceiling.

INDOOR RETAIL OPERATION: A place of business which principally sells goods directly to the consumer and not for resale.

OPEN OFFICE LANDSCAPING: Indoor areas without permanent walls, or walls that are not floor to ceiling; open space such as waiting areas and atriums; cubicles and/or open desk seating areas.

PLACE OF EMPLOYMENT: Any enclosed area under the control of a public or private employer which employees usually frequent during the course of employment, including but not limited to work areas, employee lounges and restrooms, conference and classrooms, cafeterias and hallways. The following are exceptions and not "places of employment":

A. The dining area of a restaurant.

B. Any area that also meets the definition of a "public place".

C. A private residence, unless it is used as a child care or health care facility.

PUBLIC MEETING: Includes all meetings open to the general public.

PUBLIC PLACE: Enclosed indoor areas open to the public or used by the general public, including but not limited to: restaurants; indoor retail operations; discount stores; grocery stores; lobbies or waiting rooms or financial institutions; elevators; restrooms; barber shops; beauty salons; indoor theaters; indoor recreation facilities; childcare facilities; libraries; museums; concert halls; public transit vehicles; school buses; waiting rooms in the offices of persons licensed to practice the healing arts, dental sciences, behavioral sciences, veterinary sciences or medical care facility, including, but not limited to, hospitals, medical or health care clinics and nursing homes; court rooms; places of assembly; and Municipal, County or State buildings, schools or other governmental facilities.

SMOKING OR SMOKE: Possession of a lighted cigarette, cigar, pipe or any other lighted smoking equipment.

SPORTS ARENA: 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 PRODUCTS: Cigars, cheroots, stogies, periques, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff, snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; short; refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking. Tobacco products does not include cigarettes.

Section 7. That this Ordinance shall be construed as follows:

INTERPRETATION

A. Liberal Construction: The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes which are hereby found and declared to be in furtherance of the public health, safety, and welfare, and convenience.

B. Savings Clause: The repeal of Ordinance or Code sections, as provided herein below shall not affect any rights acquired, fines, penalties, forfeitures, or liabilities therefore. Said Ordinance or Code repealed is hereby continued in force and effect after the passage, approval, and publication of the Ordinance for the purposes of such rights, fines, penalties, forfeitures, liabilities, and actions therefore.

C. Invalidity: If for any reason any chapter, article, section, subsection, sentence, portion or part of the proposed Ordinance set out, or the application thereof to any person or circumstance is declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Code or other ordinance.

Section 8. That the existing Code Sections 3-5-F-1, 3-5-F-3, 3-5-F-4, 3-5-F-5, 3-5-F-6, and 3-5-I-6 are hereby repealed.

Section 9. That this Ordinance shall be published in the official City newspaper after adoption and shall become effective on January 2, 2008.