Ordinance No. 8,530990311 -1 .
ORDINANCE NO. 8530
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" TO AMEND THE DEFINITION OF "DESIGNATED
SMOKING AREA" AND TO ADD A DEFINITION OF "NET FLOOR AREA";
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: 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, to read as follows:
Sec. 42-96. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Designated smoking area means an area which shall not exceed 50 percent of the total number of
seats available in the seating area of any eating establishment, or 50 percent of the net floor area
of any other public place. A designated smoking area may not include restrooms, service lines,
waiting areas, public telephone areas and other common areas used by all patrons. A designated
smoking area must have a physical barrier between it and the nonsmoking area and must have a
separate, functioning air ventilation system.
Net floor area means the floor area of the interior of a public place normally utilized and
accessible by patrons and/or the general public.
Section 2: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 3: 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
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.
is Section 4: This ordinance shall take effect from and after sixteen (16) days from its
passage by the City Council.
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990311 -1a
INTRODUCED; READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown, this the I I rh day of March, 1999.
/�� e 44&"e-
PETE C. ALFAR , Mayor
Clerk
• - ti
TO FORM:
ACIO RAMIREZ, OCity Attorney
c:klh 1471 Council \Ordinances\SmokingOrdinance In Pub] icPI aceAM EN DED030299
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