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Ord 152-94 12/5/1994 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 18, ARTICLE VII, SECTIONS 18-99 THROUGH 18-107, REGULATING SMOKING IN PUBLIC PLACES IN THE CITY WITH CERTAIN EXCEPTIONS; PROVIDING FOR DEFINITIONS; PROHIBITING SMOKING IN PUBLIC AREAS WITH CERTAIN EXCEPTIONS; PROHIBITING SMOKING IN THE WORKPLACE WITH CERTAIN EXCEPTIONS; POSTING OF SIGNS; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, 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 all citizens to be able to choose for themselves whether to smoke, whether actively or passively; and, WHEREAS, it is the policy of this City to provide patrons of retail and service establishments a smoke-free environment; and, WHEREAS, the citizens of Wichita Falls have demonstrated a desire to voluntarily comply with City ordinances which protect public health and welfare; and, WHEREAS, regulations regarding smoking can and should be enforced by the Director of Health or his designee of the City of Wichita Falls only on a complaint basis; and, WHEREAS, such enforcement would be effected without a substantial additional cost to the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Code of Ordinances of the City of Wichita Falls, Texas, is hereby amended at Article VII of Chapter 18 to read as follows: "Section 18-99. Definitions The following words and phrases, whenever used in this article, shall be construed as defined in this section: r • ' 1. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admission. Restaurants that contain a bar are not included, as minors are admitted in these areas. 2 . "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit- making or non-profit purposes, including, but not limited to, small retain establishments where good or services are sold, as well as professional corporations and other entities where legal, medical, dental,, engineering, architectural or other professional services are delivered and including banks, laundromats, hotels and motels. 3 . "Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. 4. "Employer" means any person, partnership, corporation, including a municipal corporation, or non-profit entity who employs the services of one or more individual persons. 5. "Enclosed Area" means 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 ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures. 6. "Minor" means a person under 18 years of age. 7. "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. 8. "Private Clubs" means any building, premise or portion thereof which is owned by its members which only serves or is open to those members of the club. 9. "Public Place" means any enclosed area to which the public is invited or which the public is permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, restaurants, retail food production and reception areas, P marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place, " nor is a facility which is being used for a private function, such as a reception, party, etc. Private clubs are not considered a "public place. " 10. "Restaurant" means any coffee shop, cafeteria, sandwich shop, private or public school cafeteria, and any other eating establishment which gives or offers food to the public, guests or employees, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in Section 18-99 (1) . 11. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental. 12 . "Service Line" means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. 13. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, weed or other plant in any manner or form. 14. "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. Section 18-100. Application of Article to City-Owned Facilities All enclosed facilities owned by the City of Wichita Falls, Texas, shall be subject to the provisions of this article. Section 18-101. Prohibition of Smoking in Public Places, A. Except in "designated smoking places, " smoking shall be prohibited in all enclosed public places within the City of Wichita Falls, Texas, including, but not limited to, the following places as defined below. 1. Elevators. 2. Buses taxicabs, and other means of public transportation under the authority of the City of Wichita Falls, Texas, and ticket, boarding and waiting areas of public transit depots. 3. Restrooms. 4. Service Lines. 5. Retail Stores (except Retail Tobacco Stores) . Areas in said stores not open to the public fall under Section 18-102, Regulation of Smoking in Places of Employment. 6. Businesses. All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public. 7 . Restaurants. 8. Aquariums, galleries, libraries and museums. 9. Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performances, except when smoking is part of a stage production. 10. Sports arenas and convention facilities, except as allowed under Sec. 18-104 A.5. 11. Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the City or any political subdivision of the State during such times as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City of Wichita Falls, Texas. 12. Health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices. 13 . Lobbies, hallways, and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes and other multiple-unit residential facilities and commercial units. 14. Polling places. B. If such smoking area is designated, each such smoking area shall: 1. Be in an area set aside for the use of smokers, provided that the area shall be located so as to prevent the exposure to others at the public place to second-hand smoke. 2 . Be a physically-enclosed area separated from non- smoking areas. 3 . Be ventilated to prevent the mixing of air from the designated smoking area to other areas or the public area. C. Notwithstanding any other provisions of this section, any owner, operator, manager, or any other person who controls any establishment or facility may declare that entire establishment or facility as a nonsmoking establishment. D. On or before July 7, 1995, any area designated for smoking shall meet the requirements of Subsection B, if such an area is provided for the public. Section 18-102. Regulation of Smoking in Places of Employment A. Smoking shall be prohibited in all enclosed facilities within a place of employment except in "designated employee smoking areas, " if that area is provided to employees, as defined below. B. If such employee smoking area is designated, each such smoking area shall: (1) Be in an area set aside for the use of employees, but not accessible to members of the general public except by specific invitation of the employer or employee; (2) Be a physically enclosed area separated from nonsmoking areas; (3) Be ventilated to prevent the mixing of air from the designated employee smoking area to other areas or the public area; (4) If an area that is normally used for employee purposes such as eating or drinking or any other privilege normally available to employees is selected as the "designated employee smoking area, " an area offering the same services and privileges that is smoke-free shall be available for all non-smoking employees. C. Any employer may declare the entire place of employment as a non-smoking workplace. D. On or before July 7, 1995, any area designated for smoking shall meet the requirement of Subsection B, if such an area is provided for employees. Section 18-103. Limitation of Minor's Access to Tobacco Products Retail establishments shall only place tobacco products for sale behind the sales counter accessible only by employees, away from easy access by minors. Section 18-104. Where Smoking is Not Regulated A. Notwithstanding any other provision of this article to the contrary the following areas shall not be subject to the smoking restrictions of this article: 1. Bars in which minors are not allowed admittance. 2 . Private residences, except when used as child care or health care facilities. 3 . Hotel and motel rooms rented to guests. 4. Retail tobacco stores. 5. Restaurants, hotel and motel conference or meeting rooms, and public and private assembly rooms while these places are being used for private functions. B. Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a non-smoking establishment. Section 18-105. Posting of Signs The owner, operator, manager, lessee or other person in charge of every building or other place where smoking is regulated by this article shall place a sign or signs, visible at each entrance to the premises, notifying persons entering the premises that smoking is prohibited, or that smoking, other than g areas, p rohibited. The owner, smoking is within designated operator, manager, lessee, or other person in charge of a building or other place where smoking is regulated by this article shall post a sign, or signs, in each area designated as smoking. Section 18-106. Enforcement A. Enforcement of this article shall be implemented by the local Department of Health. B. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Department of Health. C. Any owner, manager, operator, or employee of any establishment regulated by this article may inform persons violating this article of the appropriate provisions thereof. D. Notwithstanding any other provisions of this article, any private citizen may file complaints with the Department of Health. E. The local Department of Health may investigate complaints and issue warnings and/or citations to individuals and proprietors of public places violating this article. Section 18-107. Violations and Penalties A. It shall be unlawful for any person who owns, manages, operates, or otherwise controls the use of any premise subject to regulation under this article to fail to comply with any of its provisions. B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article. C. No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercised any right to a smoke-free environment afforded by this article. D. Any person or establishment who violates any provision of this article shall be guilty of an infraction, punishable by: 9. A fine not exceeding One Hundred ($100. 00) Dollars for a first violation. 2. A fine not exceeding Two Hundred ($200.00) Dollars for a second violation of this article within one (1) year. i ". 3 . A fine not exceeding Five Hundred ($500. 00) Dollars for each additional violation of this article within one (1) year. " SECTION 2. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any section, paragraph, sentence, clause or phrase of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining sections, paragraphs, sentences, clauses, or phrase of this ordinance; and the City Council hereby declares that it would have passed the remaining portions even though it had known the defective parts would be held unconstitutional. SECTION 3 . This ordinance shall become effective immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Wichita Falls, and it is accordingly so ordained. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 6th day of December, 1994. A Y 0 R ATTEST: City Clerk Affidavit of Publication ORDINANCE NO.145-94 ORDINANCE CLOSING, VA- THE STATE OF TEXAS Ad #599263 CATING AND ABANDONING ' TAYLOR STREET BETWEEN COUNTY OF WICHITA AVENUE G AND AVENUE H, FLORAL WICHITA HEIGHFALLTS S ADDITIONTEXAS;, , 031 FINDING AND DETERMIN.�re) INGTHATTHEMEETINGAT 5th January WHICH THIS ORDINANCE On this day of WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. n(] ORDINANCE NO.146-94 A.D. 1995 9 5 personally appeared before me, the undersigned authority AN ORDINANCE WAVING SECTION 3490(1), APPENDIX C, REGULATING MINIMUM I Mary E . Newell bookkeeper LOT SIZES, WICHITA FALLS CODE OF ORDINANCES(ZON- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ING ORDINANCE NO. 38-85) FOR LOT ORIGINAL 1-A,TOWNSITE, Times/Record News, a newspaper published at Wichita Falls in Wichita County, FINDING AND FALLS Texas, and upon being duly sworn by me, on oath states that the attached ING THAT THE MEETING AT WHICH THIS ORDINANCE advertisement is a true and correct copy of advertising published WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED issues in one ( 1 ) i thereof on the following dates: BY LAW. g ORDINANCE NO.147-94 AN ORDINANCE WAIVING REQUIREMENTS UNDER December 27 , 1994 RESOLUTION NO.112-89,SEC- OUT 1(2)(d) IN ORDER TO E10 ��� am- )/ ////�9 PROVIDE WATER SERVICE 1J (7 —' (` OUTSIDE THE CITY LIMITS TO A USE OTHER THAN A e,,�'9 NORMAL RESIDENTIAL PROPERTY Bookkeep for mes Publishing Company q aY DESCRIBED AS 3.00 ACRES 0 'r it OUT OF ABSTRACT 251,MORE of Wichita Falls 0.! SPECIFICALLY KNOWN AS ,t4 . 2501 SOUTH STATE HIGHWAY Yro,w. 79; FINDING AND DE-�3 ) Subscribed and sworn to before me this the day and year first above written: ,,Iv.TERMINING THAT THE _^'+it MEETING AT WHICH THIS y-w 0 k ORDINANCE WAS PASSED WAS REQUIRED D THE PUBLIC �M J AS REQUIRED BY LAW. ✓1�2�C_.- ORDINANCE NO.148-94 ORDINANCE TRANS - _ .. - ... FERRING APPROPRIATIONS FROM THE ADMINIS- TRATIVE SRVCICES .DE- PARTMENT TO THE COM- MUNITY DEVELOPMENT DE- PARTMENT FOR THE 1993-94 ORDINANCE NO.152-94 FISCAL YEAR. AN ORDINANCE OF THE CITY ORDINANCE NO.149-94 COUNCIL OF THE CITY OF ORDINANCE INCREASING WICHITA FALLS, TEXAS, THE GENERAL FUND AMENDING CHAPTER 18, SUBSIDY TO THE TRANSIT i ARTICLE VII,SECTIONS 18-99, FUND FOR THE 1993-94 FIS- THROUGH 18-107, REGU CAL YEAR. EATING SMOKING IN PUBLIC _ORDINANCE NO.150-94 PLACES IN THE CITY WITH AN ORDINANCE OF THE CITY CERTAIN EXCEPTIONS; COUNCIL OF THE CITY OF PROVIDING FOR DEFI- WICHITA FALLS, TEXAS,, NITIONS; PROHIBITING WAIVING ' SMOKING IN THE WORK AIVING INTEREST ON MOWING LIENS ASSESSED PLACE WITH CERTAIN EX- UNDER SECTION 1849 OF CEPTIONS; POSTING OF THE CODE OF ORDINANCES SIGNS; PROVIDING A PEN- T AGAINST THE PROPERTY ALTY CLAUSE;PROVIDING A SEOVIDIN LITY CLAUSE; LOCATED AT 1329 AND 1331 PROVIDING FOR AN EFFEC- 31ST STREET, WICHITA F TIVE DATE; AND FINDING FALLS, TEXAS; FINDING AND DETERMING THAT THE AND DETERMINING THAT THE MEETING AT WHICH MEETING AT WHICH THIS ORDINANCES WAS EIS- THIS ORDINANCE WAS 015- CUSSED WAS OPEN TO THE CUSSED WAS OPEN THE PUBLIC AS REQUIRED BY PUBLIC D BY LAW. LAW. W. AS REQUIRED ORDINANCE NO.151-94 ORDINANCE MAKING AN AP- PROPRIATION IN THE GEN- ERAL FUND FOR AD- DITIONAL GRAND REVENUE FROM THE TEXAS DEPART- MENT OF HEALTH AND AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT ACCEPTING SAME. ORDINANCE NO.152-94 AN ORDINANCE OF THE CITY 1 COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 18, ARTICLE VII,SECTIONS 18-99 THROUGH 18-107, REGU- LATING SMOKING IN PUBLIC PLACES IN THE r ry w,TU.