1708 - Ordinance - Repealing Ordinance No. 1457 Prohibiting Smoking in City Vehicles and BuildingsORDINANCE NO. 1708 k.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NO. 1457 AND PROHIBITING SMOKING
IN CITY FLEET VEHCLES AND CITY OWNED OR OPERATED
BUILDINGS WITH PENALTIES.
WHEREAS, the Washington Clean Air Act prohibits smoking in that portion of any
building or vehicle used by and open to the public regardless of whether the building or vehicle is
owned by private persons or any public entity; and
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; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
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
Ordinance No. 1708
Page 2 of 3
authority of the City of Port Orchard.
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 : Decks, porches or similar structures open to the weather on at least three sides.
SECTION 3. 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.
SECTION 4. Defacing Signs Prohibited. No person shall alter, deface, remove or destroy
any sign posted in compliance with this ordinance.
SECTION 5. 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
person's driver's license or vehicle license are not applicable to this ordinance.
Ordinance No. 1708
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All fines or forfeitures collected upon enforcement of this ordinance shall be paid into the general fund
of the City of Port Orchard.
SECTION 6. 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.
SECTION 7. 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 8. 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 2,27 day of December, 1997.
LESLIE J. WEATHERILL, MAYOR
ATTES :-
Patricia Parks, City Clerk
APPROVED AS TO ORM: SPONSORED BY:
�G +
City Attorney Counci a rrison
44
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 December 22, 1997.
ORDINANCE NO. 1708 �/
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NO. 1457 AND PROHIBITING SMOKING IN CITY
FLEET VEHICLES AND CITY OWNED OR OPERATED BUILDINGS WITH
PENALITES.
Copies of Ordinance No. 1708 are available for review at the office of the City
Clerk of the City of Port Orchard. Upon written request a statement of the full text
of the Ordinance will be mailed to any interested person without charge. Thirty
days after publication, copies of Ordinance No. 1708 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
December 31, 1997