HomeMy WebLinkAbout114-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Mattmr of: )
)
Amending Certain Provisions )
of Title 7, Chapter 7, of ) ORDINANCE NO. ll4
the Municipal Code Regulating )
Smoking )
The Town Council of the Town of Danville DOES ORDAIN as
follows:
SECTION 1. Section 7-702, Definitions, of Title 6, Chapter 1
(Smoking) is amended to read as follows:
,,Section 7-702. Definitions.
(1) "Bar" means an area which is devoted to the serving of
alcoholic beverages and in which the service of food is only
incidental to the consumption of such beverages.
(2) ,,Employee" means a person who is employed by an
employer in consideration for direct or indirect monetary wages
or profit.
(3) "Employer" means a person, partnership, corporation,
including municipal corporation or public entity, who employs the
services of more than 3 persons.
(4) "Enclosed" means closed in by roof and four walls with
appropriate openings for ingress and egress.
(5) "Place of Employment" means an enclosed area under the
control of a public or private employer which employees normally
frequent during the course of employment, including but not
limited to work areas, employee lounges, conference rooms, and
employee cafeterias. A private residence is not a place of
employment unless it is used as a child care or health care
facility. A dining area of a restaurant is not a place of
employment.
(6) "Smokina" means the carrying or holding of a lighted
pipe, cigar, or cigarette of any kind, or any other lighted
smoking equipment or the lighting or emitting or exhaling the
smoke of a pipe, cigar or cigarette of any kind.
(7) "SDorts Arena" means a sports pavilion, gymnasium,
health spa, boxing area, swimming pool, roller or ice rink,
bowling center, or other similar place where members of the
ORDINANCE NO. 114
PAGE 1
public assemble to engage in physical exercise, participate in
athletic competition or witness spo~cs events."
SECTTON 2. Section 7-704, Prohibition of Smoking in Enclosed
Places, is amended by adding a new subsection (10) to read as
follows=
"Section 7-704. Prohibition of Smoking in Enclosed Places.
Smoking is prohibited in the following places within the
Town:
(1) Enclosed areas and businesses. An enclosed area or
business available to and customarily used by the general public,
including, but not limited to, a retail store, hotel, motel,
pharmacy, bank, or office.
(2) Restaurants. Within a restaurant having a seating
capacity of 50 or more persons, provided, however, that this
prohibition does not prevent (1) the deeignating of a flexible
contiguous area within the restaurant that contains no more than
60% of the seating capacity of the restaurant as a smoking area,
or (2) the providing of separate rooms designated as smoking
rooms, so long as those rooms do not contain more than 60% of the
seating capacity of the restaurant.
(3) Health Facilities. A waiting room, hallway, ward, or
semi-private room of a health facility, including but not limited
to a hospital, clinic or physical therapy facility, doctor's
office or dentist's office, except that a health facility is also
subject to the provisions of Section 7-705 of this chapter
regulating smoking in places of employment.
(4) Transportation and restroom facilities. An elevator,
public restroom, indoor service line, bus, taxicab or other means
of public transit under the authority of a public entity, and in
ticket, boarding, and waiting areas of public transit depots;
provided, however, that this prohibition does not prevent (1) the
establishment of separate waiting areas for smokers and
nonsmokers, or (2) the establishment of at least 40% of a given
waiting area as a non-smoking area.
(5) Museums and galleries. In public areas of museums and
galleries.
(6) Theaters. auditoriums and halls. An enclosed theater,
auditorium, or hall which is used for action pictures, stage
dramae and musical performances, ballets or other exhibitions,
except when smoking is part of any such production.
(7) Retail Food Facilities. A retail food marketing
eetabliehment, including a grocery store or supermarket, except
PAGE 2 ORDINANCE NO. ll4
/--%
those areas of such establishments set aside for the serving of
food and drink, restrooms and offices, and areas thereof not open
to the publio, which may be otherwise regulated by other sections
of this chapter.
(8) Public facilities and schools. A public school or
other public facility under the control of another public agency,
which is available to and customarily used by the general public,
to the extent that the same is subject to the jurisdiction of the
City.
(9) Non-smoking Establishments. Notwithstanding any other
provisions of this section, an owner, operator, manager or other
person who controls an establishment described in this section
may declare that entire establishment as a non-smoking
establishment.
(10) Sports Arenas. Sports arenas and convention halls,
except in designated smoking areas."
SECTION 3. Section 7-706, optional Smoking Areas, is amended to
read as follows=
"Section 7-706. ODtional Smoking Areas. Notwithstanding
any other provisions of this chapter to the contrary, the
following areas shall not be subject to the smoking restrictions
of this ordinance:
(1) a private residence;
(2) a bar;
(3) a hotel or motel room rented to guests;
(4) a retail store that deals exclusively in th~ sale of
tobacco and smoking paraphernalia;
(5) a restaurant, hotel or motel conference or meeting
room, and public and private assembly room while these places are
being used for private functions;
(6) a private residence which may serve as a place of
employment except that portion when used as a child or a health
care facility. A board and care facility shall provide smoke-
free living quarters for non-smoking boarders.
(7) a private enclosed place occupied exclusively by
smokers, even though such a place may be visitedby non-smokers,
and a private enclosed office, excepting places in which smoking
is prohibited by the Fire Department or by any other law,
ordinance or regulation."
PAGE 3 ORDINANCE NO. 114
SECTION 4. Effective Date.
This ordinance becomes effective thirty days after its
adoption.
SECTION 5. Publication.
The Town Clerk shall either a) have this ordinance published
once within 15 days after adoption in a newspaper of general
circulation or b) have a summary of this ordinance published
twice in a newspaper of general circulation, once five days
before its adoption and again within 15 days after adoption.
The foregoing ordinance was introduced at a meeting of the
Town Council of the Town of Danville held on April 6
1987, and was adopted and ordered published at a meeting of the
Council held on A0rJ] 20 , 1987, by the following
vote:
AYES: KenneLL, Lane, r',cI'~eeiy, Cffenhartz, Schlendorf
NOES: ?tone
ABSENT: ~l o n e
MAYOR
ATTEST:
TOWN CLERK"
PAGE 4 ORDINANCE NO. 114