HomeMy WebLinkAbout1978-03-21 OrdinanceNlLkUFILMcO BY JORM MICROLAB
ORDINANCE NO.
CEDAk kAPiuS AND uLL :iQ,:+L ^
\ AN ORDINANCE PROHIBITING SMOKING IN
DESIGNATED PLACES IN IOWA CITY; RE-
QUIRING ENFORCEMENT BY PERSONS HAVING
CONTROL OF THE PREMISES, AND PRE-
SCRIBING PENALTIES FOR VIOLATIONS
OF ITS PROVISIONS.
SECTION I. PURPOSE. The purpose of this
ordinance is to protect the public health,
comfort and environment by prohibiting
smoking in public places and public meetings
except in designated areas.
SECTION 2., DEFINITIONS.
1. "Public place" means any enclosed, indoor
area used by the general public', including,
but not limited to, municipal.buildings,
restaurants, retail stores and other commer-
cial establishments, public conveyances and
meeting rooms. \
2. "Public meeting means all meetings open
to the public of the\City Council and the
Boards and Commissions.of the City of Iowa
City. This ordinance.shall not apply to
meetings of the School Board, the Board of
Supervisors, and other State or Federal
agencies held in Iowa Cit,,.
3. "Smoking" means inhaling`or exhaling the
smoke of, or the possession or control of, a
lighted cigarette, pipe, cigar', or little cigar.
SECTION 3. SMOKING PROHIBITED IN CERTAIN
!AREAS. \
Smoking is prohibited in public places or at
public meetings except in designated'smoking
areas. This ordinance does not apply, in
cases .in which an entire room or hall is
used for a private social function an �
seating arrangements are under the control
of the sponsor of the function and not bf
the proprietor or person in control of the
place. Furthermore, this ordinance shall',not
apply to offices and places of work not gen-
erally frequented by the public, unless pro-
hibited by the fire marshall or other law.
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proprietor or other persons having
ge of a public place shall
a) post appropriate signs;
b), arrange seating to provide a
�smokefree area;
C)
inform any person who is obse
smoking in violation of thiF
ordinance that smoking is pro
hib'i.ted by law in that plaEe
or area.
SECTION 5. NO SMOKING AREAS POSTED. The
proprietor or other persons having charge of
a public place shall cause to b'e posted with-
in the area where the prohibition against
smoking is in effecft one orifiore conspic-
uous signs bearing the words "smoking pro-
hibited by law" or words op'symbols of
similar effect. \ /
SECTION 6. DESIGNATION.OR SMOKING AREAS.
The proprietor or other' persons in charge
of public places may designa,te smoking areas,
except in places in Vhich sm king is pro-
hibited by the fire marshall dr by other law.
Not more than 50% of a public place may be
designated as a smoking area.
Where smoking areas are designated,
existing physical barriers and vent'
H ation
systems shall be used to minimize the toxic
effect of smoke in adjacent nonsmoking areas.
In the case of public places consisting of a
single room; the provisions of this lave•
shall be considered met if one side of the
room is reserved and posted as a no smok'ilg
area.
SECTION 7. PENALTY FOR VIOLATION. A person',
who smokes in those areas designated as
"smoking prohibited" by this ordinance shall
be guilty of a misdemeanor.
5 141 CROP I LMED BY
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Cf OAR RApIPS PFS MOTIFS
Mil:i<UFILMED BY JORM MICROLAB CLUAk RAPIUJ AND UL_ A :1L,, ••i-11
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A p oprietor or other person having
charge of a public place who observes a
person smoking in violation of this ord)nance
and fails �to inform the person that smoking
is prohibited in that area shall be gUilty
of a misdemeanor. /
A person shall be fined five,,dollars for
the first offe se and not less than ten dollars
nor more than one hundred dollars for each
subsequent offense.
SECTION 8. SEVERA
provision or part
adjudged to be inv
such adjudication
dity of the Ordina
section, provision
judged invalid or
. /If any section,
Ordinance shall be
r unconstitutional,
not affect the vali-
a whole or any
rt thereof not ad-
titutional.
SECTION 9. EFFECTIVE DATE
shall be in effect after i
approval and•publication a
Passed and, dopted this _
1978.
This Ordinance
final passage,
equired by law.
ATTEST:
ABBIE STOLFUS, CITY CLERK
of ,
NICROf I L141D DY
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CCDAP PAPM" • DfS MOPIFS
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MILRUFILMED BY JORM MICROLAB
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CEDAR RAPIDS AND uL'j ?iUi:+L.;, 'J;,;,
It was moved by and
seconded\by and
upon roll 'call there were:
AYES: NAYS: ABSENT:
Balmer
deProsse
Erdahl
Neuhauser
Perret
Roberts
=evera
1st consideration 3/14/76
Vote for passa e: Ayes: de P7,
Erdahl, Neuhauser,
Perret. s: Vevera, Balmer. Absent: Roberts.
2nd consideration
Vote for passage:
Date of Publication
--7
ICI OFILMEO By
�JORM MICR+LA6
CFOAR PAND, 0F5 110111F5
�pECE110 81 APPROVED
8'L A, DEPART1dE11T
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