Legislation # 07-0009 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 1/24/2007
Title AN ORDINANCE TO AMEND CHAPTER 30.5, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “SMOKING.”
 
Legislation History 07-0009
DateNotice Of ActionDescription
1/24/2007 Moved to approve consent agenda items 1 through 6 on first and final reading.
1/24/2007 Moved to waive the second reading of consent agenda items 1 through 6.
1/10/2007 Received By Clerk's Office
 
View Attachments 07-0009
FileTypeSizeDescription
Chapter 30.5 - Smoking - REDLINE - January 8, 2007.doc Other 43K Chapter 30.5 - Smoking - Redline Version
 
Legislation Text 07-0009

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 07-0009

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 30.5, OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED SMOKING.

 

 

 

 

 

 

 

 

Chapter 30.5

 

SMOKING*

__________

* Cross References: Fire prevention and protection, Ch. 14; food and food establishments, Ch. 15.

State Law References; Virginia Indoor Clean Air Act, Code of Virginia, 15.2-2800 et seq.; ordinances regulating smoking, Code of Virginia, 15.2-2803.

__________

Sec. 30.5-1. Purpose and intent.

Sec. 30.5-2. Definitions.

Sec. 30.5-3. Smoking prohibited; public places.

Sec. 30.5-4. Regulation of smoking; restaurants.

Sec. 30.5-5. Where smoking not regulated.

Sec. 30.5-6. Posting requirements.

Sec. 30.5-7. Public education.

Sec. 30.5-8. Governmental agency cooperation.

Sec. 30.5-9. Violations and penalties.

Sec. 30.5-10. Enforcement.

Sec. 30.5-11. Other applicable laws.

 

Sec. 30.5-1. Purpose and intent.

 

The Surgeon General of the United States has concluded that smoke from cigarettes, cigars, and pipes kills three hundred fifty thousand (350,000) people in the U.S., including nonsmokers, every year. His report indicates that involuntary or passive smoking is the cause of disease in healthy nonsmokers and has estimated that involuntary smoking causes more deaths, approximately five thousand (5,000) per year, than all other airborne pollutants combined, excluding asbestos. The city council recognizes that exposure to environmental tobacco smoke is a serious hazard to the public health, welfare, peace and safety and the quality of life to its citizens. The purpose and intent of this chapter are to promote the public health, safety and general welfare by prohibiting smoking in public places, except in designated areas, and to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke-free air.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-2. Definitions.

 

The words and phrases set forth in this section shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section:

 

Bar or lounge area. The term "bar" or "lounge area" means an area or a room utilized primarily for the sale of alcoholic beverages for consumption by patrons on the premises and in which the sale of food is merely incidental to the sale of alcoholic beverages. Although a restaurant may contain a bar, the term "bar" shall not encompass an entire restaurant or any dining area.

 

Private function. The term "private function" means a gathering secluded from and not accessible to the general public.

 

Public place. The word "public place" means an enclosed area available for use by or accessible to the general public during the normal course of business conducted by either private or public entities.

 

Restaurant. The term "restaurant" means any building, structure, or area used as, maintained as, or advertised as, or held out to the public to be an establishment where food is made available to be consumed on the premises.

 

Retail and service establishment. The term "retail and service establishment" means any establishment which offers goods or services for sale to the general public.

 

Smoke or smoking. The words "smoke" or "smoking" means the carrying or holding of a lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling or exhaling the smoke of a pipe, cigar, or cigarette of any kind.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-3. Smoking prohibited; public places.

 

(a) Smoking shall be prohibited in the following public places:

 

(1) Indoor service lines, cashier areas, and counter service areas;

 

(2) Waiting rooms, lobbies, wards, hallways, and other public areas of health care facilities including, but not limited to, hospitals, clinics and physicians' and dentists' offices;

 

(3) All rooms in which meetings and/or hearings are open to the public;

 

(4) Museums, libraries, and galleries;

 

(5) Places of entertainment, such as theatres, concert halls, gymnasiums, auditoriums, and enclosed arenas; provided, however, that smoking may be permitted in those areas commonly known as lobbies;

 

(6) Public restrooms, unless separate facilities are provided for smokers and nonsmokers;

 

(7) Elevators in buildings generally used by and open to the public.

 

(b) Smoking shall also be prohibited in the following public places; provided, however, that permitted designated smoking areas may be established in accordance with the provisions below:

 

(1) Retail and service establishments and financial institutions serving the general public, including, but not limited to, any department store, grocery store, drug store, clothing store, shoe store, hardware store, bank, savings and loan, and hair salon or barbershop;

 

(2) Bowling alleys;

 

(3) Bingo halls;

 

(4) Public transportation waiting rooms including, but not limited to, waiting rooms of bus, train, airport and other transit terminals and stations;

 

(5) In City Hall and any other public building that is wholly or partially owned or leased by the city and is located within and is a part of the corporate limits of the city.

 

Designated smoking rooms or areas shall be reasonably separate from rooms or areas entered by the public in the normal course of business or use of the facility. In designated smoking areas, existing physical barriers and ventilation systems shall be used when possible to minimize the toxic effect of smoke in adjacent nonsmoking areas.

 

Where designated smoking areas are established, signs, conspicuous to ordinary public view, shall be posted at such entrance to the smoking area stating "DESIGNATED SMOKING AREAS."

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-4. Regulation of smoking; restaurants.

 

(a) Any restaurant having a seating capacity of fifty (50) or more persons shall have a designated no-smoking area sufficient to meet customer demand. Restaurants may not determine that no such demand exists. Restaurants with a seating capacity of fifty (50) or fewer persons are encouraged, but not required, to designate no-smoking areas.

 

(b) In determining whether a restaurant is subject to the requirements of paragraph (a), the following shall not be included:

 

(1) Seats in the bar or lounge area of a restaurant;

 

(2) Seats in any separate room of a restaurant which is used exclusively for private functions;

 

(3) Seats in any room of a restaurant which is closed and not available for seating.

 

(c) Any restaurant required to have a designated no-smoking area shall post signs, conspicuous to ordinary public view, at each entrance to the establishment indicating that a no-smoking area is available.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-5. Where smoking not regulated.

 

This chapter is not intended to regulate smoking in the following places and under the following conditions:

 

(1) Bars and lounge areas;

 

(2) Retail tobacco stores;

 

(3) Restaurants, conference/meeting rooms, and public and private assembly rooms while these places are being used for private functions;

 

(4) Offices or work areas not entered by the public in the normal course of business or use of the premises; employers are nevertheless encouraged to adopt and implement smoking policies to protect and accommodate employees from the hazard and discomfort of passive smoke in the workplace;

 

(5) Private and semi-private hospital rooms;

 

(6) Areas of enclosed shopping centers or malls that are external to the retail stores and are used by customers as a route of travel from one store to another, and that consist primarily of walkways and seating arrangements;

 

(7) Lobby areas of theatres, auditoriums, concert halls, and similar places of entertainment.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-6. Posting requirements.

 

Any person who owns, manages or otherwise controls any building, facility, room, area or place in which smoking is prohibited, shall post or cause to be posted conspicuously signs stating "NO SMOKING by City Ordinance."

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-7. Public education.

 

The city manager or his designated representative shall engage in a program to inform and clarify the purposes of this chapter to citizens affected by it, and to guide owners, operators, and managers in their compliance.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-8. Governmental agency cooperation.

 

The city manager or his designated representative shall request other governmental and educational agencies having offices within the city to establish local operating procedures in cooperation and compliance with this chapter. In federal, state and special governmental offices within the city, the city manager or his designated representative shall urge the enforcement of their existing smoking prohibitions and request voluntary compliance with this chapter.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-9. Violations and penalties.

 

(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the prohibitions or restrictions of this chapter to fail to comply with its provisions.

 

(b) It shall be unlawful for any person to smoke in any area prohibited or restricted by the provisions of this chapter.

 

(c) Any person violating any provision or failing to comply with any of the requirements of this chapter shall be guilty of a Class 4 misdemeanor.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-10. Enforcement.

 

(a) The provisions of this chapter shall be enforced by the Hampton Health Department or any other department or person duly designated.

 

(b) Any citizen who desires to register a complaint under this chapter may initiate enforcement with the health department.

 

(c) The health department or other duly designated department shall perform an evaluation for compliance with all requirements of this chapter while an establishment is undergoing otherwise mandated inspections.

(Ord. No. 929, 4-12-89)

 

Sec. 30.5-11. Other applicable laws.

 

This chapter shall not be interpreted or construed to permit smoking where it is otherwise prohibited or restricted by other applicable laws.

(Ord. No. 929, 4-12-89)

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council