HomeMy WebLinkAboutDraft Smoking OrdinanceOrdinance XXX
Page 1 of 4
TOWN OF WESTLAKE
ORDINANCE NO. ______
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46
TITLED HEALTH AND SANITATION, ADDING ARTICLE VI, SECTION 46-180
TOBACCO PRODUCTS AND SMOKING; PROVIDING FOR REGULATION OF
SMOKING AND THE USE OF TOBACCO; PROVIDING DEFINITIONS;
PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that
it is in the best interests of the town and its citizens that the amendments to the Town of
Westlake code of Ordinances Chapter 46, Health and Sanitation, should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 64, “Health and Sanitation” Article VI “Tobacco
Products and Smoking”, Sections 46-180 through 46-182 of the Town of Westlake Code of
Ordinances, as amended, is hereby amended as follows.
ARTICLE VI. - TOBACCO PRODUCTS, SMOKING, AND E-CIGARETTES
Sec. 46-180 - 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:
Public building means an enclosed, indoor area to which the public has access and
includes, but is not limited to the following:
(1) The common areas of a retail store, office, grocery store, or other
commercial establishments;
(2) A restaurant or cafeteria;
Ordinance XXX
Page 2 of 4
(3) A public or private or secondary school;
(4) A public or private institution of higher education;
(5) A hospital or nursing home;
(6) An elevator;
(7) Town and school buses;
(8) Town building, owned or leased by the Town and used for Town purposes;
(9) An enclosed theater, auditorium, movie house, or arena;
(10) A courtroom or a jury waiting or deliberation room; or
(11) Bar or bar area.
Smoke or smoking includes:
(1) Carrying or holding a lighted pipe, cigar or cigarette of any kind or any other
lighted smoking equipment or device;
(2) Lighting a pipe, cigar, or cigarette of any kind or any other smoking equipment
or device; or
(3) Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any
other smoking equipment or device.
(4) Inhaling, exhaling, or burning a lighted cigar, cigarette, pipe or other lighted
tobacco product in any manner or form.
Electronic cigarette and/or e-cigarette means any product containing or delivering
nicotine or any other substance intended for human consumption that can be used by a
person to simulate smoking through inhalation of vapor or aerosol from the product. The
term includes any such device, whether manufactured, distributed, marketed, or sold as
an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or
descriptor.
Electronic vaping device shall have the same definition as electronic cigarette.
Vaporizing cigarette shall have the same definition as electronic cigarette.
Person means any individual.
Park/Park Facility means All parks, playgrounds, recreational areas owned, leased,
operated or under the control of the Town of Westlake and includes all athletic fields and
other similar facilities owned, leased or operated by the Town.
Trail means a town-wide network of non-motorized, multi-use pathways that are used by
bicyclists, walkers and runners for both transportation and recreation purposes.
Trailhead means a designated point of access that may contain a parking area,
information kiosks, restrooms, water hydrants, and may be reached by vehicular or
pedestrian access.
Ordinance XXX
Page 3 of 4
Sec. 46-181. - Entrance or exit to a public building; signs required
(a) It shall be unlawful for any person to perform the following acts or within 25 feet of any
entrance or exit to any public building:
(1) Smoke
(2) Carry a lighted cigarette, cigar, or tobacco-containing pipe, electronic cigarette
(3) Light a cigarette, cigar or tobacco-containing pipe, or electronic cigarette.
(1) Ashtrays,
(2) Smoking paraphernalia, or
(3) Signs that indicate that smoking is permitted.
(b) Any owner, manager, operator or employer of any establishment controlled by this
ordinance shall, upon either observing or being advised of a violation of section 46-181.a,
have the obligation to inform the violator of the appropriate requirements of this ordinance
and then request immediate compliance.
Sec. 46-182. Tobacco and electronic cigarette free trails, parks and park facilities.
It shall be unlawful for any person to smoke, use electronic cigarettes, or use any tobacco or
tobacco related products at any parks or park facility owned or leased by the Town of
Westlake that has been posted: "This park/park facility is tobacco and E-cigarette free."
The Town Manager, or designee, shall cause to be posted a conspicuous sign visible from the
main entrance of a building owned or leased by the Town of Westlake that has been posted:
"NO SMOKING, Town of Westlake Ordinance."
(a) The Town Council shall by resolution designate any building, trail, park or park facility
owned or leased by the Town of Westlake as tobacco and E-cigarette free and upon such
designation, the town manager or designee is authorized to post signs giving notice that
such action is prohibited in such park or park facility.
(b) Smoking in parks, on trails and trailhead parking lots, any building owned or leased by the
Town, including Westlake Academy.
Sec. 46-182 - Penalty.
Any person who violates this article shall be guilty of a health and sanitation misdemeanor
violation and subject to a fine of not more than $500.00. Each day that a violation is permitted
to exist shall constitute a separate offense.
SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
Ordinance XXX
Page 4 of 4
hereof and the Council hereby determines that it would have adopted this Ordinance without
the invalid provision
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances
and all other provisions of other Ordinances adopted by the Town which are inconsistent with
the terms or provisions of this Ordinance are hereby repealed.
SECTION 5: That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Code of
Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to
exceed the sum of Five Hundred dollars ($500.00) for each offense. Each day that a violation
is permitted to exist shall constitute a separate offense.
SECTION 6: It is hereby declared to be the intention of the Town Council of the
Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase,
sentence, paragraph or section.
SECTION 7: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS _____ DAY OF ____________ 20________.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney