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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. 7.5-0 -�!f/- Pn CROFILMED BY i JORM MICR+LAB Cr pal` &1D!nc. ^F 5. F101"FS 1•IICROFILMED BY JORM MICROLAB 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. i 141CROFILMED 0Y JORM MIC R6LA6 ffilAf . DCS '40PICS MICROFiLMED BY JORM MICROLAB 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 OFILMEO BY II 'I JORM MICR+LAB MAR RANDI I�fiS F101NF$