1986-069FILE REFERENCE FORM 86-69
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records
Act
Other
FILE(S) Date Initials
Amended b Ordinance No. 93-193 10/19/93 jR
Re ealed b� Ordinance No. 2012-367 12/18/12 JR
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NOTE: AMENDED BY ORDINANCE 93-193
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AN ORDINANCE ADDING ARTICLE IV, "SMOKING," TO CHAPTElZ 13 OF THE
CODE OF ORDINANCES OF THE CITY OF DEIVTON, TEXAS, TO BE COMPRISE�
OF SECTIONS 13-40 THRaUGH 13-45; DESIGNATING PORTIONS OF CERTAYN
RETAIL ESTABLISHMENTS, PUBLIC BUILDINGS, AND FOOD ESTABLISHMENTS
AS NONSMOKING AREAS; PROVIDING SIGN REQUIREMENTS; P]�OVIDING
MINIMUM STANDARDS FOR NONSMOKING AREAS; REQUIRING WRITTEN
POLICIES IMPLEMENTING THIS ARTICLE; PROHIBITING SMOKING IN
DESIGNATED NONSMO�ING AREAS; PIZOVIDING EXEMPTIONS; PROVIDING
PENALTIES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHrREAS,
products has
not only the
and
the smoking of tobacco or weeds or other plant
been demonstrated to have a detrimental effect on
smoker but others in close proximity to the smoker;
WHEREAS, it is the right of citizens to be able to choose
for themselves whether to smoke either actively or passively; and
WHEREAS, it is the policy of the City to encourage food
establishments which have enclosed dining areas to provide
adequate seating for those patrons who prefer a smoke-free
environment; and
WHEREAS, the citizens of Denton 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 only on a complaint basis; and
WHERE�S, such enforcement would be effective without
substantial additional cost to the City; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DENTOTd:
SECTIOIV I.
That Chapter 13 of the Code of Ordinances of the City of
Denton, Texas, is hereby amended by adding a new Article IV,
Sections 13-40 through 13-45, to read as follows:
ARTICLE IV. SMOKING
Sec. 13-40. Definitions
(1) "Administrative Area" means the area of an establishment
not generally accessible to the public, including but not
limited to individual offices, stockrooms, employee lounges, or
meeting rooms.
(2) "Director" means the Director of the City/County Health
Department designated to enforce and administer this Article or
the Director's designated representative.
(3) "Food Establishment" means any operation defined as such
in Section 11-20 of the Denton City Code.
(4) "Hospital" means any institution that provides medical,
surgical, and overnight facilities for patients
(5) "Retail Establishment" means any establishment which
primarily sells goods to the general public
(6) "Public Service Area" means any area, other than an
administrative area, to which the general public routinely has
access for municipal services and which is designated a public
service area in a written policy prepared in compliance with
this Article
Sec 13-41 Smoking Prohibited in Certain Public Areas
(a) A person commits an offense if he smokes or possesses a
burning tobacco, weed or other plant product in any of the
following indoor or enclosed areas
(1) an elevator used by the public,
(2) a hospital or nursing home corridor providing direct
access to patients' rooms,
(3) any conference room, meeting room, or public service
area of any facility owned, operated, or managed by
the city, but does not include the Civic Center, the
Visual Arts Center nor the Center for Performing
Arts,
(4) any retail establishment serving the general public,
including, but not limited to, any department store,
grocery store, or drug store,
(5) An area marked with a no smoking sign in accordance
with subsection (b) of this section by the owner or
person in control of a hospital, nursing home, or
retail establishment serving the general public, or
(6) any facility of a public primary or secondary
school, or an enclosed theater, movie house,
library, or museum
(b) The owner or person in control of an establishment in
which smoking is prohibited by subsection (a) of this section
shall post a conspicuous sign at the main entrance to the
establishment The owner or person in control of an
establishment in which smoking is prohibited in a specified area
shall post a conspicuous sign at the entrance to the area The
sign shall contain the words "No Smoking, City of Denton
Ordinance," the universal symbol for no smoking, or other
language that clearly prohibits smoking
(c) Every hospital shall
(1) allow all patients, prior to elective admission, to
choose to be in a no smoking patient room, and
(2) require that
approval from
to smoking
employees or visitors obtain express
all patients in a patient room prior
(d) the owner or person in control of an establishment or
area described in subsection (a)(4) or (a)(6) of this Section
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may designate an area, including but not limited to lobbies,
meeting rooms, or waiting rooms, as a smoking area, provided
that the designated smoking area may not include
(1) the entire establishment,
(2) cashier areas or over the counter sales areas, or
(3) the viewing area of any theater or movie house
(e) It is a defense to prosecution under this section if the
person was smoking in a location that was
(1) a designated smoking area of a facility or
establishment described in subsection (a)(4) or (a)
(6) of this section which is posted as a smoking
area with appropriate signs,
(2) an administrative area or office of an establishment
described in subsection (a)(4) or (a)(6) of this
section,
(3) a retail establishment serving the general public
with less than S00 square feet of a public showroom
or service space or having only one employee on
duty, unless posted as a designated nonsmoking area
in accordance with subsection (a)(5) of this
section, or
(4) a retail establishment which is primarily engaged in
the sale of tobacco, tobacco products or smoking
implements
(f) The owner or person in control of an establishment
exempted from designating nonsmoking areas by paragraph (e) of
this section who chooses not to designate any such areas shall
post a conspicuous sign near the main entrance to the establish-
ment with the words "Smoking Permitted Throughout" or "Nonsmoking
Areas Not Available" or similar language to indicate that no
nonsmoking areas are provided
Sec 13-42 Written Policy Req�ired
The owner or person in control of any facility or area
designated as a no smoking area in section 13-41 (a)(3) or (4)
of this Article shall
(a) have and implement a written policy on smoking which
conforms to this Article, and
(b) make the policy available for inspection by the
Director
Sec 13-43 Food Establishments
(a) A food establishment which has indoor or enclosed dining
areas shall provide separate indoor or enclosed dining areas for
smoking and nonsmoking patrons
(b) A nonsmoking area must
(1) be separated, where feasible, from smoking areas by
a minimum of four feet of contiguous floor space,
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(2) be ventilated, where feasible, and situated so thst
air from the smoking area ia not drawn into or across
the nonamoking area,
(3) be clearly deaignated by appropriate signs visible to
patrona within the dining area indicating that the
area is designated nonsmoking, and
(4) have ash trays or other suitable containers for
extinguiahing emoking materials at the perimeter of
the nonsmoking area
(c) Each food establiehment which has a dining area shall
(1) have and implement a written policy on amoking which
conforms to thia Article,
(2) make the policy available for inspection by the
Director, and
(3) have signs at the eatablishment's entrance indicating
that nonsmoking seating is available
(d) Nondining areas of any food establishment affected by
this section to which patrona have general access, including, but
not limited to, food order areas, food service areas, restrooms,
and cashier areae, ahall be designated as nonsmoking areas
(e) It is a defenae to prosecution under this section that
the food establiahment is
(1) an establishment which has indoor seating
arrangementa for leas than 50 patrons, or
(2) an establishment in which more than 70 percent of its
annual grosa sales is from the sale of alcoholic
beveragea, or
(3) a physically separated bar area of a food establish-
ment otherwise regulated
(f) The owner or peraon in control of an establishment
exempted from designating nonsmoking areas by paragraph (e) of
this section who choosea not to designate any such areas ahall
post a conapicuoua aign near the main entrance to the establish-
ment with the words "Smoking Permitted Throughout" or "Nonamoking
Areas Not Available" or aimilar language to indicate that no
nonsmoking areas are provided
Sec 13-44 Smoking in Food Eatabliahments
A peraon commits an offense if he smokes or
ing tobacco, weed, or other plant product in
establiahment deaignated as nonsmoking
Sec 13-45 Penaltiea
possesses a burn-
an area of a food
(a) Any person violating section 13-41(b), 13-41(c), 13-41(f),
13-42, or 13-43 of this Article, upon conviction, is punishable
by a fine of not lese than Fifty Dollars ($50 00) nor more than
Five Hundred Dollars ($500 00)
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(b) Any person violating section 13-41(a) or 13-44 of this
Article, upon conviction, is punishable by a fine of not less
than Twenty-five Dollars ($25 00) nor more than Two Hundred
Dollars ($200 00)
SECTION II
That 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 any individual violating
section 13-41(a) or 13-44 of Article IV, Chapter 13 of the
Denton City Code as amended Complaints against individuals
violating the aforementioned sections shall be made to the
City/County Health Department for investigation and referral, if
warranted, to the Office of the City Attorney for prosecution
SECTION III
That if any section, subsection, paragraph, sentence, clause,
phrase or word in this ordinance, or application thereof to any
person or circumstance is held invalid by any court of competent
�urisdiction, such holding shall not a£fect the validity of the
remaining portions of this ordinance, and the City Council of
the City of Denton, Texas, hereby declares it would have enacted
such remaining portions despite any such invalidity
SECTION IV
That this ordinance shall become effective June 1, 1986, and
the City Secretary is hereby directed to cause the caption of
this ordinance to be published twice in the Denton Record-
Chronicle, the official newspaper of the City of Denton, Texas,
within ten (10) days of the date of its passage
PASSED AND APPROVED this the /'� day of 1�1 %��, 1986
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ATTEST
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APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DfiNTON, TfiXAS
BY "1 � 1+3 � Wr�'�
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