HomeMy WebLinkAbout1978-04-18 Ordinance1410(UH LMLD BY JORM MICROLAB
CEDAR RAPIDS AND ULS AUlpu,
ORDINANCE N0. 78-2889
AN ORDINANCE PROHIBITING SMOKING
IN DESIGNATED PLACES IN IOWA CITY.
SECTION 1. PURPOSE. The purpose of this ordinance
is to protect the public health, comfort and en-
vironment by prohibiting smoking in public places
and public meetings except in designated areas.
SECTION 2. DEFINITIONS.
I. "Public place" means any enclosed, in -door
area used by the general' public, including, but
not limited to, municipal buildings, bars, res-
taurants, retail stores and other commercial
establishments, public conveyances and meeting
rooms.
2. "Public meeting" means all meetings open to the
public of the City Council and the Boards and Com-
missions 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 City.
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 pro i ted in pu _ 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
and seating arrangements are under the control of
the sponsor of the function and not of the proprie-
tor or person in control of the place. Furthermore,
this ordinance shall not apply to offices and places
of work not generally frequented by the public.
SECTION 4. RESPONSIBILITY OF PROPRIETORS. The pro -
place shall prietor other person having charge of a public
a) post appropriate signs;
b) arrange seating to provide a smoke-free
area;
C) inform any person who is observed smoking
in violation of this ordinance that smok-
ing is prohibited by law in that place or
area.
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Ord. No. 78-2889
Page 2
CEDAR RAPIDS AND uLS .1UihLu , ,UNI'
SECTION 5. NO SMOKING AREAS POSTED. The proprietor
or other persons having charge of a public place
shall cause to be posted within the area where the
prohibition against smoking is in effect, one or
more conspicuous signs bearing the words "smoking
prohibited by law" or words or symbols of similar
effect.
SECTION 6. DESIGNATION OF SMOKING AREAS.
1. The proprietor or other person in charge of a
public place may designate smoking areas, except
in places in which smoking is prohibited by the
fire marshall or by the law. With the exception of
retail stores and other commercial establishments,
bars, and restaurants, not more than 50 per cent of
a public place may be designated as a smoking area.
2. In retail stores and other commercial estab-
lishments, smoking is prohibited, except that the
proprietor or other person in charge may designate
an area, not to exceed 25 per cent of the retail or
commercial sales area, where customers or employees
may smoke.
3. In bars and restaurants, at least 25 per cent
of the permanent seating must be designated as a no
smoking area, but the proprietor or other person in
charge shall have the option to designate a greater
percentage of the permanent seating as a non-
smoking area.
4. Where smoking areas are designated, existing
physical barriers and ventilation systems shall be
used to minimize the toxic effect of smoke in ad-
jacent non-smoking areas. In the case of public
places consisting of a single room, the provisions
of this law shall be considered met if one side of
the room is reserved and posted as a no smoking
area.
SECTION 7. VIOLATION NOT A MISDEMEANOR. Notwith-
standing any other ordinance of the City of Iowa
City, Iowa, it shall not be a misdemeanor for any
person to violate or disobey any provision of this
ordinance.
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Ord. No. 78-2889
Page 3
• CEDAR RAPIDS AND UES AUINL.,,
SECTION 8. SEVERABILITY. If any section, provision
or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication
shall not affect the validity of the Ordinance as
a whole or any section, provision or part thereof
not adjudged invalid or unconstitutional.
SECTION 9. EFFECTIVE DATE. This Ordinance shall be
in effect after its final passage, approval and
publication as required by law.
Passed and adopted this 18th day of Apr_
1978.
MICROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND DES I•IUINL:,, 1044,
Ord. No. 78-2889
Page 4
It was moved by Neuhauser and seconded by
PPrrPt and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
x deProsse
x Erdahl
x x Neuhauser
x Perret
x_ x Roberts
x Vevera
1st consideration 4/5/78
Vote for passage: yes: Erdahl , Neuhauser, Perret, Roberts,
deProsse. Nays: Vevera, Balmer
2nd consideration 4/11/78
Vote for passage: Ayes: Neuhauser, Perret, Roberts,
deProsse, Erdahl, Nays: Vevera, Balmer.
Date of Publication
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