Ord 103-87 10/20/1987 • •
ORDINANCE NO. A0 -f7
ORDINANCE PROHIBITING SMOKING IN CERTAIN
PUBLIC PLACES, PROVIDING SIGN REQUIREMENTS,
PROVIDING FOR DESIGNATION OF SMOKING AREAS,
PROVIDING FOR REGULATION OF SMOKING IN
RESTAURANTS, AND PROVIDING FOR SMOKING
POLICIES IN WORKPLACES.
WHEREAS, the Surgeon General of the United States has
declared that smoking is the number one public health issue
of our time; and,
WHEREAS, according to documented scientific data,
smoking is not only a major health risk to the smoker, but
also non-smokers who are exposed to smoke in an indoor
environment suffer discomfort and health risks; and,
WHEREAS, it is estimated that 350,000 Americans will
die this year as a direct result of smoking; and,
WHEREAS, the City Council desires to protect the
health, welfare and comfort of citizens who are non-smokers,
and to protect the rights of smokers and non-smokers.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Definitions.
In this ordinance, the following words shall be given
the meaning shown:
1.1 "Public place" means any enclosed indoor area that
is open to the general public, including public buses and
taxicabs, but does not include any restaurant.
1. 2 "Restaurant" means any food establishment where
food is served for consumption by seated customers.
1. 3 "Smoke" or "smoking" means the possession of a
lighted pipe, cigar, or cigarette of any kind, or any other
lighted smoking equipment or device, or the lighting of, or
exhaling the smoke of a pipe, cigar or cigarette of any
kind.
1.4 "Workplace" means any enclosed area of a
structure, or portion thereof, intended for occupancy by
employees who provide primarily clerical, professional or
business services of a business entity, or who provide
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primarily clerical, professional, or business services to
other business entities, or to the public, at that location.
1. 5 "Owner" means the person, firm or corporation who
owns the premises in question, unless the owner has leased
it to some other person, firm or corporation, in which event
the term "Owner" shall mean the lessee.
SECTION 2. Smoking in public places.
2.1 A person commits an offense if he knowingly or
intentionally smokes in a public place and is not in an area
designated as a smoking area.
2. 2 The owner of a public place may designate one or
more areas in the public place as smoking areas. Any such
smoking areas shall meet the following requirements:
2. 2. 1 Such areas shall be situated so that
ventilation minimizes the effect of smoke in adjacent non-
smoking areas, and so that air from the smoking area is not
drawn into or across a non-smoking area.
2. 2. 2 Such areas shall be created without
structural or other physical changes or significant
expenditures.
2. 2. 3 Such areas shall contain ashtrays or
other facilities for extinguishment of smoking materials.
2. 2 . 4 Such areas shall be designated by
appropriate signs, which may be international symbols.
2. 2. 5 Such areas shall not include elevators,
public buses and taxicabs, cashier and counter areas,
restrooms, theater and movie viewing areas, nor service
lines where one or more persons are waiting for or receiving
service of any kind.
2. 3. The owner of a public place shall post a
reasonably visible sign at the main entrance of the area,
notifying persons entering the premises that smoking is
prohibited except within designated smoking areas, if any.
2. 4 This section shall not apply to a retail
establishment which is primarily engaged in the sale of
tobacco, tobacco products or smoking implements.
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2 .5 The provisions of this section shall not apply to
any public place which is owned or leased by the United
States, the State of Texas, the County of Wichita or the
Wichita Falls Independent School District, unless this
ordinance is accepted by the appropriate official or
governing body of such governmental entity.
SECTION 3. Smoking in restaurants.
3.1 The owner of a restaurant which has enclosed
indoor dining areas with seating arrangements for 100
patrons or more shall provide separate indoor dining areas
for smoking and for non-smoking patrons; the owner of such a
restaurant with seating arrangements for less than 100
patrons may, but is not required to, provide separate
enclosed indoor dining areas for smoking and non-smoking
patrons.
3 . 2 A non-smoking area in a restaurant must meet the
following requirements:
3 . 2. 1 Such non-smoking area shall be situated
so that ventilation minimizes the effect of smoke in
adjacent non-smoking areas, and so that air from the smoking
area is not drawn into or across the non-smoking area.
3 . 2.2 Such non-smoking area shall have
ashtrays or other facilities for extinguishing smoking
materials at the perimeter of the non-smoking area.
3 . 2. 3 Such non-smoking area shall be clearly
designated by appropriate signs visible to patrons within
the dining area indicating that the area is designated non-
smoking; provided, however, that in restaurants where all
patrons are seated by a host or hostess who advises them
that separate smoking and non-smoking areas are available,
no such signs shall be required.
3.2.4 Such non-smoking area shall include all
service lines, cashier areas and restrooms.
3.3 A smoking area in a restaurant must meet the
following requirements:
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3. 3. 1 A smoking area shall be clearly
designated by appropriate signs visible to patrons within
the dining area indicating that the area is designated
smoking; provided, however, that in restaurants where all
patrons are seated by a host or hostess who advises them
that separate smoking and non-smoking areas are available,
no such signs shall be required.
3.4. The areas designated under this section shall be
created without structural or other physical changes or
significant expenditures.
3. 5 If the owner of a restaurant which has seating
arrangements for less than 100 patrons does not provide
separate dining areas for smoking and non-smoking patrons,
he shall post a reasonably visible sign at the main entrance
of the restaurant, stating that the restaurant does not
provide a non-smoking area.
3 . 6 A person commits an offense if he knowingly or
intentionally smokes in a non-smoking area in a restaurant.
An owner of a restaurant commits an offense if he knowingly
or intentionally fails to comply with the provisions of this
section.
SECTION 4. Smoking in the workplace.
4. 1. Any employer may designate any workplace, or
portion thereof, owned or operated by him, as a non-smoking
area. Every employer is encouraged, but not required
herein, to designate such non-smoking areas.
4. 2 Any employer who chooses to designate such a non-
smoking area shall:
4. 2 . 1 Have and implement a written policy on
smoking in the workplace which conforms to this ordinance.
4. 2. 2 Make such policy available for
inspection by employees and others who request it.
4. 2 . 3 Prominently display reasonably sized
signs indicating that smoking is prohibited.
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4. 2. 4 Provide ashtrays or other facilities in
sufficient numbers and at readily accessible locations for
the extinguishment of smoking materials.
4. 3 A person commits an offense if he knowingly or
intentionally smokes in violation of the provisions of an
employer' s written smoking policy, which is adopted,
implemented and maintained in accordance with this section.
SECTION 5. Smoking in hospitals.
Smoking is prohibited in all areas in hospitals, except
in a separate enclosed designated smoking area.
SECTION 6. Responsibility for reporting violations.
This ordinance does not require the owner, operator,
manager or any employee of an establishment to report a
violation or to take any action against anyone violating
this ordinance. No such failure by an owner, operator,
manager or employee to report a violation or to take action
shall constitute a violation.
SECTION 7. Private social functions.
This ordinance shall not apply to a situation where a
room, which is ordinarily a public place, is used for a
private social function and the event is under the control
of the sponsor of the function and not of the owner of the
public place.
SECTION 8. Small public places.
This ordinance shall not apply to a public place
containing less than 1,500 square feet if there is posted at
the entrance a sign stating that smoking is allowed.
SECTION 9. Severability clause.
If any part of this ordinance is declared to be invalid
for any reason, it shall not affect the validity of the
remainder of the ordinance.
SECTION 10. Penalty.
Anyone convicted of a violation of this ordinance shall
be punishable by a fine not to exceed Two Hundred ($200. 00)
Dollars; each day a violation continues shall constitute a
separate offense.
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PASSED AND APPROVED this the 20th day of October, 1987.
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M A Y 0 f'
ATTEST:
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City Clerk
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Ad&233999
Affidavit of Publication
THE STATE OF TEXAS
AN ORDINANCE AMENDING COUNTY OF WICHITA
ORDINANCE 85-87, DEVELOP-
MENT FEE ORDINANCE,TO ADD
( ZONING FEES,AND REPEALING re)
1 ALL FEES IN CONFLICT HERE- 3rd November
WITH• day of
ORDINANCE ORDINANCE On this
POSSESSION AND CONSUMP- 1 987
NN THE SALE, POSSESSION
AND CONSUMPTIN OF OTHER A.D. personally appeared before me, the undersigned authority
ALCOHOLIC BEVERAGES, AT Oar i c e Ming bookkeeper
THE NEW SOFTBALL COMPLEX.
ORDINANCE INAMENDING7 AP-
PENDIX A-SUBDIVISIONS, SEC-
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
TION 8 CONSTRUCTION; RE-
MOVING THE REQUIREMENT Times/Record News, a newspaper published at Wichita Falls in Wichita County,
FOR CITY FORCES TO PROVIDE
CONSTRUCTION STAKING FOR Texas, and upon being duly sworn by me, on oath states that the attached
NEW ORD ANCE NO.92 87
AN ORDINANCE WAIVING SEC- copy
advertising published is a true and Correct CO Of adverkisin ublished
TION 25-69 OF THE WICHITA in
one issues thereof on the following dates:
FALLS CODE OF ORDINANCES
FOR THE SANCE_NO. October 30 1987
ORDINANCE NO.93-87
ORDINANCE MAKING AN AP. I
CONSTRUCTING FOR PURPOSE OF `� °
CONSTRUCTING A SOFTBALL �,
COMPLEX AND AUTHORIZING �� 1NI°
THE TRANSFER OF FUNDS BE-
TWEEN DEPARTMENTS FOR THE
i.
AN E. Bookkeeper for Times Publishing Company
IAN ORDINANCENAPPROPRIAT-
ORDINANCE ING FEDERAL REVENUE SHAR- Of WlChita Fa11S
ING FUNDS.
ORDINANCE NO.95-87
AN ORDINANCE MAKING AP. ( p )
PROPRIATIONS FOR THE SUP.i Subscribed and sworn to before me this the I
PORT, MAINTENANCE, BUILD-- da Y and year first above written.
INGS AND IMPROVEMENTS FALLS FOR CITY WICHITA
i � I
FOR THE FISCAL EARBEGIN- '
NING OCTOBER 1, 1987, AND ¢'
ENDING SEPTEMBER 30, 1988,
ter, BOTH DATES INCLUSIVE,
r`"" ADOPTING AND ACCOUNTS GAS PART '' -
'r.t OF SAID APPROPRIATIONS, °Yas
.
VI DECLARING AN
E NO.687 EMERGENCY. n Exg1LG'S....,,.,.,.r,/7"
AN ORDINANCE LEVYING, ,'
+.,, ASSESSING AND FIXING THE
TAX RATE FOR THE USE AND
SUPPORT OF THE MUNICIPAL
ORDINANCE NO.103-87
GOVERNMENT OF THE CITY OF ORDINANCE NO.99-87
WICHITA FALLS, TEXAS, AND ORDINANCE AUTHORIZING THE ORDINANCE PROHIBITING
PROVIDING THE INTEREST AND TRANSFER OF FUNDS BETWEEN SMOKING IN CERTAIN PUBLIC
. i SINKING FUND FOR THE FISCAL DEPARTMENTS WITHIN THE PLACES, PROVIDING SIGN RE-
YEAR 1987-88 AND APPOR• GENERAL FUND FOR PURPOSES QUIREMENTS, PROVIDING FOR
TIONING EACH LEVY FOR THE OF MOVING THE FIRE PREVEN- DESIGNATION OF SMOKING
SPECIFIC PURPOSE AND
PROVIDING FOR THE TION PROGRAM FROM THE AREAS,PROVIDING FOR REGU-
BUILDING INSPECTION LATION OF SMOKING IN RES
ASSESSMENT OF ANNUAL OC- DIVISION OF THE PLANNING TAURANTS, AND PROVIDING
CUPATION TAXES PROVIDED BY DEPARTMENT TO THE FIRE DE- FOR SMOKING POLICIES IN
LAW, AND DECLARING AN PARTMENT. WORKPLACES.
EMERGENCY. ORDINANCE NO.100-87 ORDINANCE NO.104-87
ORDINANCE NO.97-87 ( ORDINANCE AMENDING SEC- ORDINANCE AMENDING SEC-
AN ORDINANCE WAIVING THE TION 1301 OF THE BUILDING TION 5-47 OF ORDINANCE NO.
RE-CONNECTION FEE CODE TO REQUIRE THAT 63-85 TO ALLOW MORE THAN
PROVISION OF ORDINANCE TRENCH CONSTRUCTION TWO (2) LIVESTOCK PER LOT
NO.41-85 FOR UTILITY COLLEC- COMPLY WITH OCCUPATION LIMIT.
ORDINANCE NO.105-87
TION ON CITY WATER AC. - `,SAFETY AND HEALTH-ADMINIS-
COUNT#08-037-09822. TRATION STANDARDS. AN ORDINANCE REZONING
ORDINANCE NO.98-87 ORDINANCE NO.101-8T LOTS 1-8, BATESON 2ND AD-
ORDINANCE TEMPORARILY AN ORDINANCE RENAMING' DITION,WICHITA FALLS,TEXAS,
WAIVING THE 30 MPH SPEED FLORENCE STONE BOULEVARD FROM SINGLE-FAMILY RESIDEN-
LIMIT FOR OHIO,INDIANA,AND TO COYOTE BOULEVARD AND TIAL, STANDARD LOT TO LIM-
SCOTT STREETS BETWEEN 4TH WAIVING THE REQUIRED ITED COMMERCIAL ZONE.
AND 10TH STREETS FROM 6:00 STREET NAME CHANGE FEE. ORDINANCE NO.106-87
A.M.TO 6:00 P.M.THE 11TH OF ORDINANCE NO.102-87 ORDINANCE WAIVING SEC-
OCTOBER 1987 FOR THE 1 ORDINANCE APPROVING THE TION 22-1,SUBSECTION(A)(9)
PURPOSE OF CONDUCTION THE ' PROJECT PORTION OF THE PRO- AND SECTION 22-4 OF THE
SECOND ANNUAL TEXHOMA f JECT AND FINANCING PLAN CODE OF ORDINANCES TO
TWISTER STREET SOLO. FOR REINVESTMENT ZONE #1 ALLOW THE POSTING OF
ORDINANCE No 99.87 OF WICHITA FALLS,TEXAS. ADVERTISING DEVICES AND
ORDINANCE AUTHORIZING THE THE CONSUMPTION OF BEER AT
TRANSFER OF FUNDS BETWEEN
DEPARTMENTS WITHIN THE ' "GOBLIN'S JOG" ON SATUR-
GENERAL FUND FOR PURPOSES DAY,OCTOBER 31, 1987.
OF MOVING THE FIRE PREVEN-
HAMILTON PARK AT THE
TION PROGRAM FROM THE
BUILDING INSPECTION
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DEPARTDIVISION UCUO. .T,.HE_.._LANNING