Ord 26-2014 6/17/2014
ORDINANCE NO. 26-2014
Ordinance amending the Code of Ordinances of the City of Wichita
Falls to modify Article IV of Chapter 58 thereof, which regulates
smoking in public places; providing a penalty not to exceed $500
upon conviction; and providing for codification
WHEREAS, the City Council finds that smoking tobacco products creates
nuisances, poses health risks, and causes fires;
WHEREAS, the U.S. Surgeon General has stated that there is no safe level of
secondhand smoke, and secondhand smoke is a known cause of lung cancer, heart
disease, low birth-weight births, chronic lung ailments (such as bronchitis and asthma)
and other health problems;
WHEREAS, the City Council finds that nicotine is a tobacco product and is
addictive, and the nuisances, health risks, and fires from burning tobacco products are
exacerbated by the behavioral changes that accompany addiction to nicotine;
WHEREAS, the City Council finds the use of nicotine-containing electronic
cigarettes can lead to some respiratory changes and dangers similar to those occurring
through the use of traditional tobacco products;
WHEREAS, the City Council finds that liquid nicotine cartridges are distributed in
flavors, such as cherry, chocolate and vanilla, that are designed to appeal to young
people and thereby create a path for nonsmokers to become addicted to smoking, which
can lead to the further spread of nuisances, health risks, and fires from smoking; and
WHEREAS, on April 25, 2014, the U.S. Food and Drug Administration pro posed
regulating electronic cigarettes as tobacco products, due to the presence of tobacco -
derived nicotine therein and the dangers posed thereby, with said regulations to be at 21
CFR Parts 1100, 1140, and 1143, published at http://federalregister.gov/a/2014-09491.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Amending Article IV of Chapter 58 regarding Smoking in Public Places
Article IV of Chapter 58 of the Code of Ordinances of the City of Wichita Falls is
hereby amended to read as follows:
Sec. 58-101. - 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:
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. A
restaurant that contains a bar is not included, as minors are admitted in these areas.
Director means chief administrative officer of the city-county public health district.
Electronic Smoking Device means any product containing or delivering nicotine or
any other similar substance intended for human consumption that can be used by a
person to simulate smoking through inhalation of vapor or aerosol from the product. The
term includes any such device, whether manufactured, distributed, marketed, or sold as
an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name
or descriptor.
Employee means a person who is employed by an employer in consideration for
direct or indirect monetary wages or profit, and a person who volunteers his or her
services for a non-profit entity.
Employer means any person, including a municipal corporation, or nonprofit entity
who employs the services of one or more individual persons.
Enclosed area means a space that is enclosed on all sides by solid partitions that
extend from the floor to the ceiling, including but not limited to screens, walls, windows,
and doors.
Operator means the owner or person in charge of a public place or wor kplace,
including an employer.
Public place means an enclosed area or any portion thereof to which the public is
invited or in which the public is permitted or allowed access, including but not limited to:
banks, bars, bingo halls, educational facilities, fraternal organizations, health care
facilities, hotel and motel rooms, laundromats, public transportation facilities, reception
areas, restaurants, retail food production and marketing establishments, retail service
establishments, retail stores, shopping malls, sports arenas, theaters, waiting rooms, and
workplaces. A private residence is not a “public place” unless it is used as a child care,
adult day care, or health care facility.
Retail tobacco store or retail electronic cigarette store means a retail store whereby
75% of quarterly sales are from tobacco products and accessories, to include electronic
cigarettes, in which the sale of other products is merely incidental.
Smoke means to inhale, to exhale, to burn or to carry any lighted cigar, pipe,
cigarette, weed or other plant in any manner or form, or to use an electronic smoking
device.
Workplace means an enclosed area under the control of a public or private
employer in which employees work or have access to during the course of their
employment.
Sec. 58-102. - Smoking prohibited in public places.
(a) A person commits an offense if the person smokes in a public place.
(b) A person commits an offense if the person smokes in an enclosed area in a
building or facility owned, leased, or operated by the City.
(c) A person commits an offense if the person smokes in an enclosed area of a
workplace.
(d) A person commits an offense if the person smokes within:
(1) 20 feet of an entrance or open window of a public place, if the operator
of the public place allows entry to children under the age of 18 years, or
(2) 5 feet of an entrance or open window of a public place, if the operator of
the public place does not allow entry to children under the age of 18
years.
(e) The owner or operator of a public place commits an offense if said owner or
operator witnesses a person smoking in the public place and:
(1) within 5 minutes of witnessing the smoker, fails to request the smoker to
cease smoking,
(2) provides further service to the smoker, or
(3) within 5 minutes of witnessing the smoker, fails to request the smoker to
leave the premises if the smoker has been requested to cease smoking
and the smoker continues to smoke in the public place.
(f) A person commits an offense if the person smokes in or within 20 feet of:
(1) a playground in a public park,
(2) a festival, concert, or play sponsored by the City on City property,
(3) a pavilion in a public park,
(4) the seating area of any outdoor arena, stadium or amphitheater,
(5) bleachers or grandstands for the use of spectators at sporting and other
public events,
(6) a pool or pond in a public park, or
(7) the municipal produce market, which consists of Lots 8, 9 and the south
half of Lot 10 of Block 162 of the Original Townsite (also known as 713
Ohio Street) during such time as said market is being utilized for the
display or sale of food products.
Sec. 58-103. - Exemptions.
This article does not apply to:
(a) a private residence, except when used as child care, adult day care or health
care facility;
(b) a retail tobacco store;
(c) a retail electronic cigarette store;
(d) before July 17, 2015, a building that was designated on October 1, 2014 by the
State of Texas as a location authorized to conduct bingo in a license issued
pursuant to the Texas Bingo Enabling Act (Texas Government Code § 2001.001,
et. seq.);
(e) between July 17, 2015 and July 17, 2017, an enclosed area that is a
separately-enclosed, separately-ventilated, smoking room within a building that
was designated on June 17, 2014 by the State of Texas as a location authorized to
conduct bingo in a license issued pursuant to the Texas Bingo Enabling Act (Texas
Government Code § 2001.001, et. seq.);
(f) before June 17, 2016, a public place that was a Bar on October 1, 2014; and
(g) before June 17, 2016, a separately ventilated area of a food establishment that
possessed its food establishment permit on June 17, 2014.
Sec. 58-104 - Voluntary designation of a non-smoking campus.
Nothing in this article shall be construed to prohibit the owner or operator of an
enclosed or outdoor public place from voluntarily designating his or her property as non -
smoking.
Sec. 58-105. - Smoking in taxicabs prohibited.
(a) It shall be an offense for any individual to smoke in a taxicab.
(b) An owner or holder of a taxicab franchise commits an offense if the owner or
his designee permits any individual to smoke in a taxicab.
(c) The holder of a taxicab service franchise shall conspicuously post a sign in
each taxicab that indicates smoking is prohibited.
Sec. 58-106. - Signs required.
(a) The owner or operator of a public place shall conspicuously post a "No
Smoking" sign, the international "No Smoking" symbol (depiction of a burning
cigarette enclosed in a red circle with a red bar across it), o r other sign containing
words or pictures that could reasonably be understood as an intent to prohibit
smoking:
(1) in each public place and workplace where smoking is prohibited by this
article; and
(2) at each entrance to a public place or workplace wher e smoking is
prohibited by this article.
(b) The operator of a public place shall conspicuously post signs in areas where
smoking is permitted through an exemption under this article.
(c) The operator of a public place or an employer shall remove any ash trays or
other smoking accessories from a place where smoking is prohibited.
(d) It is not a defense to prosecution under this article that an operator failed to
post a sign required under this section.
Sec. 58-107. - Retaliation prohibited.
(a) A person commits an offense if the person discharges, refuses to hire, or
retaliates against a customer, employee, or applicant for employment because the
customer, employee or applicant for employment reports a violation of this article.
(b) An employee who works in a setting where an employer permits smoking under
this article does not waive or otherwise surrender any legal right the employee may
have against the employer or any other party.
Sec. 58-108. - Enforcement
(a) This section is cumulative of other laws providing enforcement authority.
(b) A person may report a violation of this article to the Director of the Health
District or his/her designee.
(c) The director or his/her designee may enforce this article and may seek
injunctive relief in addition to any civil or criminal penalties associated with a
violation.
(d) The director or his/her designee may suspend or revoke a permit or license
issued by the director to the operator of a public place or workplace where a
violation of this article occurs, in addition to any other available remedies.
Sec. 58-109. - Public education.
(a) The director or his/her designee shall:
(1) obtain or develop a comprehensive tobacco education program to
educate the public about the harmful effect of tobacco and its a ddictive
qualities;
(2) conduct informational activities to notify and educate businesses and the
public about this chapter; and
(3) coordinate the City's tobacco education program with other civic or
volunteer groups organized to promote smoking preventio n and tobacco
education.
(b) To implement this section, the director or his/her designee may publish and
distribute educational materials relating to this article to businesses, their
employees, and the public.
Sec. 58-110. - Minor access to tobacco products.
A retail establishment shall only place tobacco products and electronic smoking
devices for sale behind a sales counter or in another secure location that prevents minors
from accessing the products without the intervention of an employee.
2. Penalty
Violations of this ordinance shall be punishable by a penalty of up to $500 per
violation and as provided by Section 1-14 of the Wichita Falls Code of Ordinances.
3. Codification
The sections of this ordinance that specify they amend or add to the C ode of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such intention.
Those sections of this ordinance that specify they are not to be codifie d are not intended
to be parts of the Code of Ordinances of the City of Wichita Falls, and shall not be
codified.
PASSED AND APPROVED this the 17th day of June, 2014.
___________________________
M A Y O R
ATTEST:
____________________
City Clerk
Affidavit of Publication
ORDINANCE THE STATE OF TEXAS #301564
NO.10-2014
Ordinance amending COUNTY OF WICHITA
Sections 14-10 and
14-11 to the Code of
Ordinances of the
City of Wichita Falls
to provide animal
adoption policies;
amending Section On this 24th day of June 2014 A D...
48-94 to add adoption
fee; providing a pen- personally appeared eared before me,the undersigned authority
ally not to exceed PP
$500 upon conviction; Kathy Salan, Sales Assistant for the Times Publishing
and providing for
°d`ORDINANCE Company of Wichita Falls, publishers of the Wichita Falls
Ordinance"Amending Times/Record News, a newspaper published at Wichita Falls in
The Code Of Ordi-
nances Of The City Wichita County, Texas, and upon being duly sworn by me, on
Of Wichita Falls To
Add Division 6 To Ar- oath states that the attached advertisement is a true and
title III Of Chapter
14 Thereof to Regu- correct copy of advertising published in 1 day (1) issues hereof
late Breeding, Sale,
And Transfer Of on the following date:
Dogs And Cats, To
Modify Section 14-147
To Alter The Defini-
tion Of A Pet Shop, June 21,2014
To Modify Section
14-310 To Require
Spaying Or Neutering
For Retrieving Previ-
ously Reclaimed Ani-
mals,
4d Modify
Section j
Section 48-94 4 To Pro- q�/
vide Fees For Added
Permits; Providing A
Penalty Not To Ex-
ceed $500 Upon Con- Sales Assistant for Times Pub1i,. ing Company of Wichita Falls
viction; And Provid-
ing For Codification
ORDINANCE
Ordinance 17Am4nding Subscribed and sworn to before me this the day and year first above written:
Sections 106-185 and
106-186 of the Code of
Ordinances of the
City of Wichita Falls
to Establish Modified
W ater Conservation
Drought Contingency
Rules; providing a
Penalty not to exceed
$2,000 per violation;
providing for codifi-
cation; declaring an
emergency; and de- ,
claring an immediate �-
effective date r0 PAM BURKS
ORDINANCE Er * NOTARY PUBLIC
NO.26-2me
the Code amending STATE OF TEXAS
The Code of Ordi- `�T mob'
nances of the City of 9 .
Wichita Falls to •of<`* Il y Comm.EXp,03-22-2015 .`
modify Article IV of
Chapter 58 thereof,
which regulates
smoking in public
places; providing a
penalty not to exceed
$500 upon conviction;
and providing for
codification