Maestra

Ordinance No. _____________________
AN ORDINANCE AMENDING _______________________________ BY ADOPTING A COMPREHENSIVE REVISION OF ________________________ (PUBLIC AND WORKPLACE SMOKING RESTRICTIONS)

WHEREAS, numerous studies have determined that environmental tobacco smoke (ETS) is a significant source of exposure to toxic air indoor contaminants, causally associated with respiratoryillnesses, including lung cancer, asthma, and emphysema; and

WHEREAS, there is scientific research linking ETS with heart disease, responsible for an estimated 62,000 coronary heart disease deaths annually in the United States due to ETS exposure. ETS carcinogens and poisons have been identified in the body fluids of non-smokers with special risk posed to children, the elderly, food service employeesand individuals with cardiovascular disease and/or impaired respiratory function, including asthmatics and those with obstructive airway disease; and

WHEREAS, ETS exposure has also been causally associated with developmental, respiratory, carcinogenic and cardiovascular effects, including fatal outcomes such as sudden infant death syndrome; and

WHEREAS, Tobacco use is the single largestcause of preventable death in Texas, accounting for an estimated 26,427 deaths in Texas in 1995; each year killing more Texans than alcohol, AIDS, heroin, auto accidents, suicides, handguns, murders and fires combined (20% of all deaths in Texas); and

WHEREAS, the simple separation of smokers from nonsmokers within the same airspace does not eliminate the exposure of nonsmokers to ETS, giventhat no safe level of exposure to carcinogens have been found; and

WHEREAS, accordingly, the City Council recognizes that ETS poses a serious public health hazard, that nonsmokers need protection from ETS exposure and that therefore, regulation by the City Council of the burning of tobacco in public place and places of employment is imperative in order to protect the public health and welfare ofthe citizens of the City of Presidio;

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PRESIDIO,

1. That ______________________ of the Presidio Municipal Code be amended in its entirety and is superseded by the following new Chapter ______ (Public and Workplace Smoking Restrictions) which shall read as follows:

Chapter ________

PUBLIC AND WORKPLACE SMOKINGRESTRICTIONS

Sections:

Article I. General Provisions
Sec. _______ Purpose
Sec. _______Definitions

Article II. Prohibition of Smoking
Sec. _______Prohibition of Smoking in Public Places
Sec. _______Prohibition of Smoking within Twenty Feet of Public Entrance
Sec. _______Prohibition in Places of Employment
Sec. _______Additional Declaration of Non-smoking Establishments
Sec. _______ReservedSec. _______Application of Article to City Owned Facilities

Article III. Where Smoking Is Not Regulated
Sec. _______Private and Public Places

Article IV. Signs
Sec. _______Posting of Signs

Article V. Public Health Education
Sec. _______City - County Health and Environmental District Program

Article VI. Enforcement, Violations and Penalties
Sec. _______Enforcement
Sec._______Non-retaliation
Sec. _______Violations and Penalties
Sec. _______Other Applicable Laws
Sec. _______Severability
Sec. _______Effective Date

Article I. General Provisions

Sec. __________ Purpose

The purpose of this chapter is to (1) improve and protect the public’s health by eliminating smoking in public places and places of employment; (2) guarantee the right of nonsmokers to breathesmoke-free air; and, (3) recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.

Sec. __________Definitions

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

A. “Bar” means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in...