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HomeMy WebLinkAbout1457 - Ordinance - Prohibiting Smoking in Certain City BuildingsRepealed by Ordinance 12a Date: 12-22-97 ORDINANCE NO. 1457 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON PROHIBITING SMOKING IN CERTAIN CITY BUILDINGS WITH PENALTIES. WHEREAS, extensive medical and scientific research confirms that tobacco smoke is harmful to smokers and non-smokers alike, causing eye, nose, throat and head irritations, aggravating lung and heart diseases, including emphysema, and is linked to various types of cancers; and WHEREAS, extensive medical and scientific research concludes that carbon monoxide levels in rooms where smoking occurs often exceeds maximum permissible safety levels, and that other hazardous compounds are contributed to the environment by tobacco smoke, including but not limited to tar, nicotine, cadmium, nitrogen dioxide, ammonia, benzene, formaldehyde, hydrogen sulfide, hydrogen cyanide and arsenic, adversely affecting smokers and non-smokers alike in their general health and specific job performances; and WHEREAS, extensive research shows that smoking in the workplace causes loss in employee productivity, increases in employee accident rates and absenteeism, increases in employer medical costs, greater threats of fire damage, and other detriments to both public and private property; and WHEREAS, recent court decisions and legal actions show an increasing trend to hold employers liable for personal injuries, disabilities or other job related ailments suffered by employees as a result of tobacco smoke in the workplace; and WHEREAS, it is necessary to limit smoking locations in order to protect City employees and the public from the health and property hazards created by tobacco smoke; and NOW, THEREFORE, be it ordained that the Council of the City of Port Orchard, Washington does hereby ordain as follows: SECTION 1. Definitions. As used in this ordinance, the following terms have the meanings indicated: City personnel means any elected or appointed official or department head of the City of Port Orchard, including all employees of the City of Port Orchard. City workplace means any structure or portion thereof owned and/or operated by or under the authority of the City of Port Orchard. Ordinance No. 1457 Page Two Public business means any activity, service, work or function done by or behalf of, or under the authority of the City of Port Orchard by City personnel. Smoke or smoking means the carrying or smoking of any kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment, implement, apparatus or item. SECTION 2. Smoking prohibited. No person shall smoke in a City building or workplace except as follows: (1) Decks, porches or similar structures open to the weather on at least three sides. (2) Private living quarters supplied by the City of Port Orchard for City personnel and/or volunteers in the course of their employment and/or services, but only to the extent not used for public business. (3) Where the City building has been leased or provided to an organization by written contract (4) City Hall - Fire Marshall's Office Fire Chief's Office (5) Port Orchard Municipal Court - Judge's Chambers (6) Fire Station's 2 & 3 except when used for public business. SECTION 5. Duties: This ordinance shall be announced by all department heads, elected officials or other supervisors to all employees of their respective departments within two weeks following adoption of this ordinance. Notice of this ordinance shall be posted conspicuously at each entrance and in prominent locations throughout all City workplaces. Department heads, elected officials or other City personnel having control or supervision of a City workplace shall make every reasonable effort to ensure compliance with this ordinance, including but not limited to posting signs as appropriate under this ordinance, advising those who are smoking in a City workplace to refrain from smoking, and advising the public or City personnel that smoking is not prohibited outside of City workplaces. Ordinance No. 1457 Page Three SECTION 6. Defacing Signs Prohibited. No person shall alter, deface, remove or destroy any sign posted in compliance with this ordinance. SECTION 7. Penalties and Enforcement: Fines. Any person violating this ordinance by smoking in a City workplace or altering, defacing, removing or destroying signs posted in compliance with this ordinance shall be liable for a civil fine of $50.00. The Port Orchard Police Department shall enforce this ordinance by issuing a notice of infraction and citing to this ordinance. Such notice of infraction shall be made upon the same forms as for traffic infractions. Any violations of this ordinance for which a notice of infraction is issued shall be disposed of in the same manner as provided for traffic infractions under chapter 46.63, RCW, as now or hereafter amended, incorporated by this reference, except as follows: (A) The provisions in chapter 46.63 RCW relating to provision of records to the Department of Licensing in accordance with RCW 46.20.270 are not applicable to this ordinance; and (b) The provisions in chapter 46.63 RCW relating to impositions of sanctions against a person's driver's license or vehicle license are not applicable to this ordinance. All fines or forfeitures collected upon enforcement of this ordinance shall be paid into the general fund of the City of Port Orchard. SECTION 8. Private Actions. This ordinance shall not be construed to prohibit private persons or organizations from bringing an action to enjoin violations of this ordinance, nor shall it be construed to limit other actions in any way. In undertaking enforcement of this ordinance, the City of Port Orchard is assuming and undertaking only to promote the general welfare. The City of Port Orchard is not assuming, nor is it imposing on City personnel, an obligation for breach of which the City or its personnel are liable in money damages. Ordinance No. 1457 Page Four SECTION 9. Liberal Construction. This ordinance is remedial in nature and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. SECTION 10. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid or unconstitutional the remainder of the ordinance or its application to other persons or circumstances shall not be affected. PASSED by the City Council of the City of Port Orchard, signed by the Mayor and attested by the Clerk in authentication of such passage this loth day of April, 1989. L 4SLIE4EATFIER�ILL, MAYOR ATTEST: C ' w" Patricia Hower, City Clerk APPROVED AS TO FORM: City Attorney Sponsored by: Councilman Geiger NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an ordinance approved by the Port Orchard City Council at their regular Council meeting held April 10, 1989. ORDINANCE NO 1457 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON PROHIBITING SMOKING IN CERTAIN CITY BUILDINGS WITH PENALTIES. The full text of the above listed ordinance will be mailed upon request and is available at City Hall, 216 Prospect Street, Port Orchard, WA 98366 City of Port Orchard Patricia Hower, City Clerk Publish: Port Orchard Independent April 19, 1989