Ordinance No. 8,228Published in the Baytown Sun
Tuesday, March 17, 1998, and 980312 -3
Wednesday, March 18, 1998
ORDINANCE NO. 8228
® AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, CHAPTER 42 "HEALTH
AND SANITATION" ARTICLE III "SMOKING," SECTION 42 -96
"DEFINITIONS" BY MODIFYING THE DEFINITION OF "PUBLIC PLACE"
TO INCLUDE A PUBLIC PARK AND SECTION 42 -101 "DESIGNATION OF
SMOKING AREAS" SUBSECTIONS (A) AND (E) TO PROHIBIT SMOKING
IN A PUBLIC PARK UNLESS AUTHORIZED IN PARKING AREAS;
PROVIDING FOR A PENALTY NOT EXCEEDING TWO THOUSAND AND
NO /100 DOLLARS ($2,000.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
WHEREAS, reliable scientific studies, including studies by the Surgeon General of the
United States and studies commissioned and assessed by the U.S. Environmental Protection
Agency, have shown that breathing sidestream or secondhand smoke is a significant health
hazard to nonsmokers particularly to children, older persons, individuals with cardiovascular
disease and individuals with impaired respiratory function, including asthmatics and those with
obstructive airway disease; and
WHEREAS, health hazards induced by exposure to environmental tobacco smoke
include lung and other forms of cancer, respiratory infection, decreased respiratory function,
decreased exercise tolerance, broncho - construction and broncho- spasm, and the most common
causes of premature death from environmental tobacco smoke is heart disease; and
WHEREAS, reliable scientific studies assessed by U.S. Environmental Protection
Agency have found that sidestream and secondhand tobacco smoke is a leading cause of
premature death and disability among nonsmokers; and
WHEREAS, air pollution caused by smoking is an offensive annoyance and irritant that
results in serious and significant physical discomfort for nonsmokers in public places and work
places; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the recitals as set forth above are found to be true and correct.
Section 2: That Chapter 42 "Health and Sanitation," Article III "Smoking" Section
42 -96 "Definitions" of the Code of Ordinances, City of Baytown, Texas,. is hereby amended, in
part, as follows:
ARTICLE III. IN GENERAL
is Sec. 42-96. Definitions.
Public place means:
980312 -3a
® (1) An enclosed, indoor area that is used by the public or that serves as a workplace,
and includes, but is not limited to, the following:
(a)
All or part of a building used for state or local governmental purposes;
(b)
A retail store, office, or other commercial establishment;
(c)
A grocery store;
(d)
A restaurant or cafeteria;
(e)
Public school;
(f)
A school bus;
(g)
A health care facility;
(h)
A theater, movie house, auditorium, or arena;
(i)
A public means of mass transportation, including associated terminals;
0)
A courtroom;
(k)
A jury waiting or deliberation room;
(1)
A library;
(m)
A place of employment;
(n)
A place providing personal services; or
(o)
A service line, cashier area, over - the - counter sales area, or common traffic
area; or
(2) A park or recreational area, whether enclosed or unenclosed, owned or operated
by a governmental entity when in use for an athletic league or tournament play or
practice.
Section 3: That Chapter 42 "Health and Sanitation," Article III "Smoking," Section
42 -101 "Designation of smoking areas" Subsection (a) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
ARTICLE 111. SMOKING
is Sec. 42 -101. Designation of smoking areas.
(a) Except as provided by subsection (e) of this section, a proprietor or person in charge of a
public place who desires to permit persons in the public place to smoke shall designate
2
980312 -3b
areas as smoking areas. If the public place is a government building, the governmental
entity responsible for managing and maintaining the building may designate areas as
smoking areas. If the public place is a park or recreational area owned or operated by a
governmental entity, the governmental entity may designate with appropriate signage
only the motor vehicle parking areas of the park or recreational area as smoking areas.
Section 4: That Chapter 42 "Health and Sanitation," Article III "Smoking," Section
42 -101 "Designation of smoking areas" Subsection (e) of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
(e) A smoking area may not be designated in:
(1) An elevator;
(2) A school bus;
(3) A public means of mass transportation;
(4) A rest room;
(5) A service line, cashier area, over - the - counter sales area, or common traffic area,
unless the public place has been designated in its entirety as a smoking area;
(6) A place in which smoking is prohibited by the fire marshal of the state or a
political subdivision or by other law, ordinance, or rule; or
(7) A park or recreational area owned or operated by a governmental entity when in
use or an athletic league or tournament play or practice, except in areas designated
by signage in accordance with subsection (a) of this section;
(8) Any building used for City of Baytown purposes.
Section 5: Every person convicted of a violation of any provision of Chapter 42
"Health and Sanitation," Article III "Smoking" shall be punished by a fine not exceeding $2,000.
Each act of violation and each day upon which any such violation shall occur shall constitute a
separate offense. In addition to the penalty prescribed above, the city may pursue other remedies
such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of
licenses or permits.
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 7: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
3
n
980312 -3c
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 8: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the 12'h day of March, 1998.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, R. City Attorney
c:kIh80 \Council \0rdinances\NoSmoking a ParkOrdinance
PETE C. ALFAIRO, Mayor