south bend indiana smoking ban proposal

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PROPOSED ORDINANCE NUMBER

ORDINANCE NUMBER

AN ORDINANCE TO ESTABLISH CLEAN AIR STANDARDS FORWORKPLACES AND PUBLIC PLACES WITHIN

THE CITY OF SOUTH BEND INDIANA

The COMMON COUNCIL OF THE CITY OF SOUTH BEND INDIANA doeshereby find the following

The 2006 U S Surgeon General s Report The Health Consequences of

Involuntary Exposure to Tobacco Smoke has concluded that 1 secondhandsmoke exposure causes disease and premature death in children and adults whodo not smoke 2 children exposed to secondhand smoke are at an increasedrisk for sudden infant death syndrome SIDS acute respiratory problems ear

infections and asthma attacks and that smoking by parents causes respiratorysymptoms and slows lung growth in their children 3 exposure of adults to

secondhand smoke has immediate adverse effects on the cardiovascular systemand causes coronary heart disease and lung cancer 4 there is no risk free levelof exposure to secondhand smoke 5 establishing smoke free workplaces is theonly effective way to ensure that secondhand smoke exposure does not occur inthe workplace because ventilation and other air cleaning technologies cannotcompletely control for exposure of nonsmokers to secondhand smoke and 6evidence from peer reviewed studies shows that smoke free policies and laws do

not have an adverse economic impact on the hospitality industryU S Department of Health and Human Services The Health Consequences of Involuntary Exposure toTobacco Smoke A Report of the Surgeon General U S Department of Health and Human ServicesCenters for Disease Control and Prevention National Center for Chronic Disease Prevention and HealthPromotion Office on Smoking and Health 2906

According to the 2010 U S Surgeon General s Report How Tobacco SmokeCauses Disease even occasional exposure to secondhand smoke is harmfuland low levels of exposure to secondhand tobacco smoke lead to a rapid and

sharp increase in dysfunction and inflammation of the lining of the blood vesselswhich are implicated in heart attacks and strokeU S Department of Health and Human Services How Tobacco Smoke Causes Disease The Biology and

Behavioral Basis for Smoking Attributable Disease A Report of the Surgeon General Atlanta GA U SDepartment of Health and Human Services Centers for Disease Control and Prevention National Center for

Chronic Disease Prevention and Health Promotion Office on Smoking and Health 2010

Numerous studies have found that tobacco smoke is a major contributor toindoor air pollution and that breathing secondhand smoke also known asenvironmental tobacco smoke is a cause of disease in healthy nonsmokersincluding heart disease stroke respiratory disease and lung cancer TheNational Cancer Institute determined in 1999 that secondhand smoke is

responsible for the early deaths of approximately 53 000 Americans annuallyNational Cancer Institute NCI Health effects of exposure to environmental tobacco smoke the report of

the California Environmental Protection Agency Smoking and Tobacco Control Monograph 10 BethesdaMD National Institutes of Health National Cancer Institute NCI August 1999

The Public Health Service s National Toxicology Program NTP has listedsecondhand smoke as a known carcinogen

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Environmental Health Information Service EHIS Environmental tobacco smoke first listed in the NinthReport on Carcinogens U S Department of Health and Human Services DHHS Public Health Service

NTP 2000 reaffirmed by the NTP in subsequent reports on carcinogens 2003 2005

There is indisputable evidence that implementing 100 smoke free

environments is the only effective way to protect the population from the harmfuleffects of exposure to secondhand smokeWorld Health Organization WHO Protection from exposure to secondhand smoke policy

recommendations World Health Organization WHO 2007

In reviewing 11 studies concluding that communities see an immediatereduction in heart attack admissions after the implementation of comprehensive

smoke free laws the Institute of Medicine of the National Academies concluded

that data consistently demonstrate that secondhand smoke exposure increasesthe risk of coronary heart disease and heart attacks and that smoke free lawsreduce heart attacksInstitute of Medicine 10M of the National Academies Board on Population Health and Public Health

Practice Committee on Secondhand Smoke Exposure and Acute Coronary Events Secondhandsmoke exposure and cardiovascular effects making sense of the evidence Washington DC NationalAcademies Press October 2009

A significant amount of secondhand smoke exposure occurs in the workplaceEmployees who work in smoke filled businesses suffer a 25 50 higher risk of

heart attack and higher rates of death from cardiovascular disease and cancer

as well as increased acute respiratory disease and measurable decrease in lungfunctionPitsavos C Panagiotakos D B Chrysohoou C Skoumas J Tzioumis K Stefanadis C Toutouzas

P Association between exposure to environmental tobacco smoke and the development of acute coronarysyndromes the CARDI02000 case control study Tobacco Control 11 3 220 225 September 2002

Studies measuring cotinine metabolized nicotine and NNAL metabolizednitrosamine NNK a tobacco specific carcinogen linked to lung cancer inhospitality workers find dramatic reductions in the levels of these biomarkersafter a smoke free law takes effect Average cotinine levels of New York Cityrestaurant and bar workers decreased by 85 after the city s smoke free lawwent into effect

n a The State of Smoke Free New York City A One Year Review New York City Department ofFinance New York City Department of Health Mental Hygiene New York City Department ofSmall Business Services New York City Economic Development Corporation March 2004

After the implementation of Ontario Canada s Smoke free Indoor Air Lawlevels of NNAL were reduced by 52 in nonsmoking casino employees andcotinine levels fell by 98Geoffrey T Fong et al The Impact of the Smoke Free Ontario Act on Air Quality and Biomarkers of

Exposure in Casinos A Quasi Experimental Study Ontario Tobacco Control Conference Niagara FallsOntario December 2 2006

Following a Health Hazard Evaluation of Las Vegas casino employeessecondhand smoke exposure in the workplace which included indoor air qualitytests and biomarker assessments the National Institute of Occupational SafetyHealth NIOSH concluded that the casino employees are exposed to dangerous

levels of secondhand smoke at work and that their bodies absorb high levels of

tobacco specific chemicals NNK and cotinine during work shifts NIOSH also

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concluded that the best means of eliminating workplace exposure tosecondhand smoke is to ban all smoking in the casinosHealth hazard evaluation report environmental and biological assessment of environmental tobacco smoke

exposure among casino dealers Las Vegas NV By Achutan C West C Mueller C Boudreau Y Mead KCincinnati OH U S Department of Health and Human Services Centers for Disease Control andPrevention National Institute for Occupational Safety and Health NIOSH HETA No 2005 0076 and 20050201 3080 May 2009

Secondhand smoke is particularly hazardous to elderly people individualswith cardiovascular disease and individuals with impaired respiratory functionincluding asthmatics and those with obstructive airway diseaseCalifornia Environmental Protection Agency Cal EPA Health effects of exposure to environmental

tobacco smoke Tobacco Control 6 4 346 353 Winter 1997 The Americans With Disabilities Act whichrequires that disabled persons have access to public places and workplaces deems impaired respiratoryfunction to be a disability Daynard R A Environmental tobacco smoke and the Americans withDisabilities Act Nonsmokers Voice 15 1 8 9

The U S Centers for Disease Control and Prevention has determined that therisk of acute myocardial infarction and coronary heart disease associated withexposure to tobacco smoke is non linear at low doses increasing rapidly withrelatively small doses such as those received from secondhand smoke oractively smoking one or two cigarettes a day and has warned that all patients atincreased risk of coronary heart disease or with known coronary artery diseaseshould avoid all indoor environments that permit smokingPechacek Terry P Babb Stephen Commentary How acute and reversible are the cardiovascular risks of

secondhand smoke British Medical Journal 328 960 983 April 24 2004

Given the fact that there is no safe level of exposure to secondhand smokethe American Society of Heating Refrigerating and Air Conditioning EngineersASHRAE bases its ventilation standards on totally smoke free environments

ASHRAE has determined that there is currently no air filtration or other ventilationtechnology that can completely eliminate all the carcinogenic components insecondhand smoke and the health risks caused by secondhand smokeexposure and recommends that indoor environments be smoke free in theirentiretySamey J Bohanon Jr H R Coultas D B Houston T P Persily AX Schoen L J Spengler J

Callaway C A ASHRAE position document on environmental tobacco smoke American Society ofHeating Refrigerating and Air Conditioning Engineers ASHRAE 2005

During periods of active smoking peak and average outdoor tobacco smokeOTS levels measured in outdoor cafes and restaurant and bar patios near

smokers rival indoor tobacco smoke concentrationsKlepeis N Ott W R Switzer P Real time measurement of outdoor tobacco smoke particles Journal of

the Air Waste Management Association 57 522 534 2007

Nonsmokers who spend six hour periods in outdoor smoking sections of barsand restaurants experience a significant increase in levels of cotinine whencompared to the cotinine levels in a smoke free outdoor areaHall J C Bernert J T Hall D B St Helen G Kudon L H Naeher L P Assessment of exposure to

secondhand smoke at outdoor bars and family restaurants in Athens Georgia using salivary cotinineJournal of Occupational and Environmental Hygiene 6 11 698 704 November 2009

Residual tobacco contamination or thirdhand smoke from cigarettes

cigars and other tobacco products is left behind after smoking occurs and builds06 06 2012 3 of 15 9 16 AM


up on surfaces and furnishings This residue can linger in spaces long aftersmoking has ceased and continue to expose people to tobacco toxins Stickyhighly toxic particulate matter including nicotine can cling to walls and ceilingsGases can be absorbed into carpets draperies and other upholsteries and thenbe reemitted off gassed back into the air and recombine to form harmfulcompounds

Singer B C Hodgson A T Nazaroff W W Effect of sorption on exposures to organic gases fromenvironmental tobacco smoke ETS Proceedings IndoorAir2002 2002

Tobacco residue is noticeably present in dust throughout places wheresmoking has occurredMatt G E Quintana P J E Hovell M F Bernert J T Song S Novianti N Juarez T Floro J

Gehrman C Garcia M Larson S Households contaminated by environmental tobacco smoke sourcesof infant exposures Tobacco Control 13 l 29 37 March 2004

Given the rapid absorption and persistence of high levels of residual nicotine

from tobacco smoke on indoor surfaces including clothing and human skin thisrecently identified process represents an unappreciated health hazard throughdermal exposure dust inhalation and ingestion

Sleiman M Gundel L A Pankow J F Jacob III P Singer B C Destaillats H Formation of

carcinogens indoors by surface mediated reactions of nicotine with nitrous acid leading to potentialthirdhand smoke hazards Proceedings of the National Academy of Sciences of the United Sates ofAmerica PNAS 107 15 6576 6581 February 8 2010

Unregulated high tech smoking devices commonly referred to as electroniccigarettes or e cigarettes closely resemble and purposefully mimic the act ofsmoking by having users inhale vaporized liquid nicotine created by heat throughan electronic ignition system After testing a number of e cigarettes from twoleading manufacturers the Food and Drug Administration FDA determined thatvarious samples tested contained not only nicotine but also detectable levels ofknown carcinogens and toxic chemicals including tobacco specific nitrosaminesand diethylene glycol a toxic chemical used in antifreeze The FDA s testing alsosuggested quality control processes used to manufacture these products areinconsistent or non existent

n a Summary of results laboratory analysis of electronic cigarettes conducted by FDA Food and DrugAdministration FDA July 22 2009 http liwww tda egov NewsEvents PublicHealthFocus ucml7314 htrnAccessed on October 22 2009

E cigarettes produce a vapor of undetermined and potentially harmfulsubstances which may appear similar to the smoke emitted by traditionaltobacco products Their use in workplaces and public places where smoking oftraditional tobacco products is prohibited creates concern and confusion andleads to difficulties in enforcing the smoking prohibitions

The Society of Actuaries has determined that secondhand smoke costs theU S economy roughly 10 billion a year 5 billion in estimated medical costsassociated with secondhand smoke exposure and 4 6 billion in lost productivityBehan D F Eriksen M P Lin Y Economic Effects of Environmental Tobacco Smoke Society of

Actuaries March 31 2005

Numerous economic analyses examining restaurant and hotel receipts andcontrolling for economic variables have shown either no difference or a positive

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economic impact after enactment of laws requiring workplaces to be smokefreeCreation of smokefree workplaces is sound economic policy and provides themaximum level of employee health and safetyGlantz S A Smith L The effect of ordinances requiring smokefree restaurants on restaurant sales in

the United States American Journal of Public Health 87 1687 1693 1997 Colman R Urbonas C MThe economic impact of smoke free workplaces an assessment for Nova Scotia prepared for Tobacco

Control Unit Nova Scotia Department of Health GPI Atlantic September 2001

Smoking is a potential cause of fires cigarette and cigar burns and ash stainson merchandise and fixtures causes economic damage to businesses

The high price of cigarette smoking Business Health 15 8 Supplement A 6 9 August 1997

The smoking of tobacco is a form of air pollution a positive danger to healthand a material public nuisance

Accordingly the COMMON COUNCIL OF THE CITY OF SOUTH BENDINDIANA finds and declares that the purposes of this ordinance are 1 to protectthe public health and welfare by prohibiting smoking in public places and placesof employment and 2 to guarantee the right of nonsmokers to breathesmokefree air and to recognize that the need to breathe smokefree air shall

have priority over the desire to smoke

SECTION I DEFINITIONS

The following words and phrases whenever used in this Ordinance shall beconstrued as defined in this Section

a Ashtray means any receptacle that is used for disposing of smokingmaterials including but not limited to ash and filters

b Bar means any establishment used primarily for the sale of alcoholicbeverages for consumption by patrons on the premises and whichholds a retailer s permit under the laws of the State of Indiana The

term includes but is not limited to taverns nightclubs and cocktaillounges

c Business means a sole proprietorship partnership joint venturecorporation or other business entity either for profit or not for profitincluding but not limited to retails establishments where goods orservices are provided to the public and other entities where

accounting counseling legal medical dental engineeringarchitectural or other professional services are delivered

d Cigar means any roll of tobacco that has a wrapper or coverconsisting only of tobacco weighing more than four and one halfpounds per 1 000 and is sold without a filter

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e Cigarette means

1 Any roll for smoking containing tobacco wrappedin paper or in any substance other than tobaccoleaf or

2 Any roll for smoking containing tobacco wrappedin any substance however labeled or namedwhich because of its appearance size the type oftobacco used in the filler or its packaging pricingmarketing or labeling is likely to be offered topurchased by or consumed by consumers as acigarette as defined above

f Employee means a person who is employed by an employer inconsideration for direct or indirect monetary wages or profit and aperson who volunteers his or her services

g Employer means a person business association municipalcorporation trust or nonprofit entity that employs the services of oneor more individual employees

h Enclosed Area means all space between a floor and a ceiling that isbounded on at least two sides by walls doorways or windowswhether open or closed A wall includes any retractable dividergarage door or other physical barrier whether temporary orpermanent and whether or not containing openings of any kind

L Health Care Facility means an office or institution providing care ortreatment of diseases whether physical mental or emotional or othermedical or physiological conditions including but not limited tohospitals rehabilitation hospitals addiction treatment hospitals andfacilities weight control clinics nursing homes homes for the aging orchronically ill laboratories and offices of surgeons chiropractorsphysical therapists physicians psychiatrists dentists and allspecialists within these professions The term Health Care Facilityshall include all waiting rooms hallways private rooms semiprivaterooms and wards within healthcare facilities

j Place of Employment means an area under the control of a public orprivate employer that employees normal frequent during the course ofemployment including but not limited to work areas employeelounges restrooms conference rooms meeting rooms classroomsemployee cafeterias hallways and vehicles

k Playground means any park or recreational area designed in part tobe used by children that has play or sports equipment installed or thathas been designated or landscaped for play or sports activities or any

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similar facility located on public or private school grounds or on SouthBend grounds

1 Public Place means an area to which the public is invited or in which

the public is permitted including but not limited to banks barseducational facilities gaming facilities health care facilities hotels andmotels Laundromats public transportation vehicles and facilities

reception areas restaurants retail food production and marketingestablishments retail service establishments retail stores shoppingmalls sports arenas theaters and waiting rooms A private residence

is not a public place unless it is used as a childcare adult day careor health care facility

m Restaurant means an eating establishment including but not limitedto coffee shops cafeterias sandwich stands and private and public

school cafeterias which gives or offers for sale food to the public

guests or employees as well as kitchens and catering facilities inwhich food is prepared on the premises for serving elsewhere The

term restaurant shall include a bar area within the restaurant

n Retail Tobacco Store means a retail store

1 Utilized primarily for the sale of tobacco andtobacco related products including but not limitedto cigarettes cigars tobacco pipes cigarettepaper and lighters

2 That is not licensed for the consumption of mealsor alcoholic beverages on the premises operated

in conjunction with another business that islicensed for the on premises consumption of

meals or alcoholic beverages and

3 In which the sale of tobacco and tobacco relatedproducts accounts for not less than 85 of the

store s gross sales

Retail Tobacco Store does not include a tobacco department of a larger

commercial establishment such as a grocery store department storediscount store or hotel

o Service Line means an indoor or outdoor line in which one 1 or

more persons are waiting for or receiving service or any kind whetheror not the service involves the exchange of money including but notlimited to ATM lines concert lines food vendor lines movie ticket

lines and sporting event lines

p Shopping Mall means a public walkway or hall area that serves toconnect retail or professional establishments

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q Smoking means inhaling exhaling burning or carrying any lighted orheated cigar cigarette or pipe or any lighted or heated tobacco orplant product or equipment intended for inhalation in any manner or inany form Smoking also includes the use of an e cigarette whichcreates a vapor in any manner or in any form or the use of any oralsmoking device for the purpose of circumventing the prohibition ofsmoking in this Article

r Sports Arena means a place where people assemble to engage inphysical exercise participate in athletic competition or witness sportsor other events including sports pavilions stadiums gymnasiumshealth spas boxing arenas swimming pools roller and ice rinks andbowling alleys

s Tobacco Specialty Bar means a business that as of dune G 2012

1 Is licensed to sell alcoholic beverages pursuant toa permit issued by the Indiana Alcohol andTobacco Commission for on premisesconsumption and in which the service of food isonly incidental to the consumption of suchbeverages and the sale of cigars or Hookahtobacco

2 Is engaged in the business of selling cigars orhookah tobaccos and where at least twentypercent 20 or more of its total annual grossincome over the preceding calendar year derivedfrom the on site sale of cigars or Hookahtobaccos

3 That is not physically located within a businessotherwise required to be smoke free and

4 Does not sell cigarettes or allow smoking ofcigarettes on the premises

SECTION 11 PROHIBITION OF SMOKING

Except as provided in Section VI smoking shall be prohibited in all enclosedpublic places within the City of South Bend Indiana including but not limited tothe following places

a Aquariums galleries libraries and museums

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b Areas available to the general public in businesses and non profit entitiespatronized by the public including but not limited to banks Laundromatsprofessional offices and retail service establishments

c Bars

d Bingo facilities

e Childcare and adult day care facilities

f Convention facilities

g Educational facilities both public and private

h Elevators

i Gaming facilities

j Health care facilities

k Hotels and motels

1 Lobbies hallways and other common areas in apartment buildingcondominiums trailer parks retirement facilities nursing homes andother multiple unit residential facilities

m Polling places

n Public transportation vehicles including buses and taxicabs under theauthority of the City of South Bend Indiana and ticket boarding andwaiting areas of public transportation facilities including bus train andairport facilities

o Restaurants

p Restrooms lobbies reception areas hallways and other common useareas

q Retail stores

r Rooms chambers places of meeting or public assembly including schoolbuildings under the control of an agency board commission committeeor council of the City of South Bend Indiana or a political subdivision ofthe State to the extent the place is subject to the jurisdiction of the City ofSouth Bend Indiana

s Service lines

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t Shopping malls

u Sports arenas including enclosed places and outdoor areas

v Theaters and other facilities primarily used for exhibiting motion picturesstage dramas lectures musical recitals or other similar performances

w Tobacco Specialty Bars

SECTION III PROHIBITION OF SMOKING IN ENCLOSED PLACES OFEMPLOYMENT

a Smoking shall be prohibited in all enclosed areas of places of employmentwithout exception This includes without limitation common work areasauditoriums classrooms conference and meeting rooms private officeselevators hallways medical facilities cafeterias employee loungesstairs restrooms vehicles and all other enclosed facilities

b The prohibition on smoking shall be communicated to all existingemployees by the effective date of this Ordinance and to all prospectiveemployees upon their application for employment

SECTION IV APPLICABILITY TO CITY FACILITIES

All facilities and vehicles owned leased or operated by the City of SouthBend Indiana as well as outdoor property adjacent to such buildings and underthe control of the City of South Bend Indiana shall be subject to the provisionsof this Ordinance

SECTION V REASONABLE DISTANCE

Smoking shall be prohibited outdoors within a reasonable distance froman enclosed area where smoking is prohibited by this Ordinance but in no eventcloser than eight 8 feet so as to insure that tobacco smoke does not enter intoestablishments designated as smoke free under this Ordinance throughentrances windows ventilation intakes or other means

SECTION VI EXEMPTIONS

Notwithstanding the smoking prohibitions in Section II smoking will bepermitted in the following locations

1 Retail Tobacco Stores

2 Private residences except when used as a licensed childcare adultday care or health care facility

3 Any business that as of June 6 2012

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a Is exempt from federal income taxation under 26 U S G 501c

b Is a club as that term is defined by Ind Code 7 1 3 20 1 or afraternal club as that term is defined by Ind Code 7 1 3 20

7

c Holds a beer liquor or wine retailer s permit under the laws ofthis state and

d Provides food or alcoholic beverages only to its bona fidemembers and guests and in addition

e The business

i Provides a separate enclosed designated smoking roomor area that is adequately ventilated to prevent migrationof smoke to nonsmoking areas of the premises and

ii Allows smoking only in the room or area described iabove

4 None of the areas in Section VI shall be exempt from the provisions ofthis Ordinance if smoke from any area enters either directly orindirectly through entrances windows ventilations systems or othermeans where smoking is otherwise prohibited by this Ordinance

5 Any business claiming an exemption pursuant to this Section VI shallprovide to the South Bend Department of Code Enforcement withinthree 3 business days of demand adequate written proof that itqualifies for the exemption claimed An authorized representative ofthe business shall certify such written proof under the penalties forperjury

6 No person or entity shall discharge refuse to hire or retaliate in anymanner against an employee applicant for employment or customer

because of any attempt to enforce the provisions of this Ordinance bysuch employee applicant or customer

SECTION VII PROHIBITION OF SMOKING IN OUTDOOR PUBLICPLACES

Smoking shall be prohibited in the following outdoor places

a Within a reasonable distance of eight 8 feet outside entrances operablewindows and ventilation systems of enclosed areas where smoking isprohibited so as to prevent tobacco smoke from entering those areas

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b All outdoor property that is adjacent to buildings owned leased oroperated by the City of South Bend Indiana and that is under the controlof the City of South Bend Indiana

c In and within eight 8 feet of outside entrances operable windows and

ventilation systems of enclosed areas where smoking is prohibited foroutdoor seating or serving areas of restaurants and bars

d In all outdoor arenas stadiums and amphitheaters Smoking shall alsobe prohibited in and within eight 8 feet of bleachers and grandstands for

use by spectators at sporting and other public events

e In and within eight 8 feet of all outdoor playgrounds

f In and within eight 8 feet of all outdoor public transportation stations

platforms and shelters under the authority of the City of South BendIndiana

g In all outdoor service lines including lines in which service is obtained bypersons in vehicles such as service that is provided by bank tellersparking lot attendants and toll takers In lines in which persons in

vehicles obtain service both pedestrians and persons in vehicles but onlywithin eight 8 feet of the point of service prohibit smoking

h In outdoor common areas of apartment buildings condominiums trailer

parks retirement facilities nursing homes and other multi unit residentialfacilities except in designated smoking areas not to exceed twenty fivepercent 25 of the total outdoor common area which must be located atleast eight 8 feet outside entrances operable windows and ventilation

systems of enclosed areas where smoking is prohibited

SECTION Vill ADDITIONAL REQUIREMENTS

a All ashtrays and other smoking paraphernalia shall be removed fromany area where smoking is prohibited by this Ordinance by the owneroperator manager or other person having control of the area

b An owner operator manager or official in charge of a public place or

place of employment shall post conspicuous signs at each entrance

that read The City of South Bend Prohibits Smoking Within 8 Feetof This Entrance

c Any establishment exempted from Section VI shall clearly andconspicuously post the following sign at every entrance WarningThis Is A Smoking Establishment

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SECTION IX DECLARATION OF ESTABLISHMENT AS NONSMOKING

Notwithstanding any other provision of this Ordinance an owner operatormanager or other person in control of an establishment facility or outdoor areamay declare that entire establishment facility or outdoor areas are anonsmoking place

SECTION X ENFORCEMENT

a The South Bend Department of Code Enforcement shall enforce thisOrdinance

b An owner manager operator or employee of an establishmentregulated by this Ordinance shall inform person s in violation of theappropriate provisions thereof and shall ask those persons to refrainfrom smoking

c For a business that elects to be exempted under the provisions ofSection Vl it shall be the duty of the owner manager or operator toensure that no persons under the age of eighteen 18 are allowed toenter

SECTION X1 PENALTY

Any owner manager operator or other person in control of anestablishment facility or outdoor area found to be in violation of this Ordinanceshall upon conviction be fined as follows

a The issuance of a verbal and written warning for the first violationb A fine of Two Hundred and 001100 Dollars 200 00 for the second

violation within the same calendar yearc A fine of Four Hundred and 001100 Dollars 400 00 for a third

violation within the same calendar year

d A fine of Eight Hundred and 001100 Dollars 800 00 for a fourthviolation within the same calendar year and

e A fine of Fifteen Hundred and 00 100 Dollars 1 500 00 for each

additional violation occurring within the same calendar year

Each day of violation shall constitute a separate and distinct offense

SECTION XII REPEALER

Any Ordinance in effect which is inconsistent or conflicts with any part ofthis Ordinance is expressly repealed to the extent of such inconsistency orconflict and the remainder of the Ordinance shall be unaffected and remain ineffect

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SECTION XIII SEVERASILITY

In any sections sentence or provisions of this Ordinance or the applicationthereof to any person or circumstance shall be declared invalid such invalidityshall not affect any of the other sections sentences provisions or application ofthis Ordinance which can be given effect without the invalid provision orapplication and to this end the provisions of this Ordinance are declared to beseverable

SECTION XIV LEGAL CONSTRUCTION

This Ordinance shall be construed broadly to effectuate the purposes of thisOrdinance

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SECTION XV EFFECTIVE DATE

This Ordinance shall be in full force and effect beginning August 1 2012

after its passage by the Common Council its approval by the Mayor and thefulfillment of all statutory requirements

ORDAINED this day of 2012

it

Derek Dieter President of Common Council

ATTEST

idt l

City Clerk

PRESENTED to the Mayor by me this day of 2012

APPROVED by me this day of12012

Pete Buttigieg Mayor

1 s READING

PUBLIC HEARING1 12

3 d READING

NOT APPROV07

77REFERRED

PASSED

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south bend indiana smoking ban proposal

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