HomeMy WebLinkAboutOrd 877 Amending Chapter 46 Health and Sanitation, Article VI Tobacco products SmokingOrdinance 877
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TOWN OF WESTLAKE
ORDINANCE NO. 877
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46,
HEALTH AND SANITATION, ARTICLE VI, TOBACCO PRODUCTS, SMOKING
AND E-CIGARETTES, SECTIONS 46-180 THROUGH 46-183 PROHIBITING
SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE, EXCEPT IN
PRIVATE CLUBS; 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 finds it necessary for the
public health, safety and welfare that they institute a smoke free environment within the
community; and
WHEREAS, Ordinance no. 755 regarding tobacco products, smoking, and E-cigarettes
was approved on October 20, 2015; 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 (Exhibit “A”) to
Chapter 46, Health and Sanitation, Article Vi, Tobacco Products, Smoking And E-Cigarettes,
Sections 46-180 Through 46-183 should be approved and adopted; and
WHEREAS, upon the recommendation of the Town of Westlake Planning & Zoning
Commission, 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 amendment 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 46 Health and Sanitation, Article VI, Tobacco Products,
Smoking and E-Cigarettes, Sections 46-180 through 46-183 of the Town of Westlake Code of
Ordinances, as amended, is hereby amended as follows:
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Sec. 46-180 - Definitions.
For purposes of this Ordinance, the following words and phrases, shall be have the following
meanings:
BUSINESS Any sole proprietorship, partnership, joint venture, corporation or other business
entity formed for profit-making or non-profit purposes, including, but not limited to, banks,
hotels, motels, retail establishments, professional corporations and other entities where
professional services are delivered.
ELECTRONIC SMOKING DEVICE Any product containing or delivering nicotine or any
other substance intended for human consumption that can be used by a person in any manner
for the purpose of inhaling 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, hookah, or vape pen, or under any other product name or descriptor.
EMPLOYEE Any person who is employed for the consideration of direct or indirect monetary
wages or profit, and any person who volunteers his or her services for a profit or non-profit
entity.
EMPLOYER Any person, partnership, corporation, municipal corporation, non-profit entity or
other entity who employs the services of one or more individual persons.
ENCLOSED AREA An area closed in by a roof and walls with appropriate openings for
ingress and egress.
HEALTH CARE FACILITY Any institution that provides medical, surgical and overnight
facilities for patients, including, but not limited to, hospitals, clinics, physical therapy
facilities, doctor’s offices, dentist’s offices, nursing homes, adult care facilities, convalescent
homes and residential treatment centers/homes.
PERSON Any individual, partnership, cooperative, association, corporation or venture.
PLACE OF EMPLOYMENT Any enclosed area located on the premises of a business under
the control of an employer including, but not limited to, work areas, employee lounges, rest
rooms, conference rooms, classrooms, employee cafeterias, and hallways.
PRIVATE CLUB A building, recreational amenities or portion thereof, that are owned, leased
or otherwise occupied by an organization, whether incorporated or not, exclusively for use at
all times solely for the recreational, training and development, fraternal, social, patriotic,
political, benevolent or athletic purpose of the organization, and at which alcoholic beverages
are sold only in a manner ancillary to such operations; provided that this term only applies to
an organization. (i) that is connected to a private club with associated recreational, dining, and
associated golf course activities; or (ii) that is connected to a comprehensive corporate
campus owned and operated by or on behalf of a single user.
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PUBLIC PLACE Any area in which the public is invited or permitted, including, but not
limited to, businesses, educational and government facilities, health care facilities, restaurants,
public transportation facilities, parks, park facilities, trails, trailheads, right of ways, and
reception areas.
SMOKING Inhaling, exhaling, burning or carrying any lighted or heated tobacco or plant
product, including but not limited to cigars, cigarettes, electronic smoking devices, marijuana,
or other combustible substances whose smoke is intended to be internalized.
TOBACCO PRODUCT Any product that is used to internalize or consume tobacco or any
product that contains any tobacco leaves, including but not limited to cigarettes, cigars, pipe
tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for
smoking, chewing, inhalation or other manner of ingestion or absorption.
TOWN The Town of Westlake and its boundaries.
VAPING The use of an electronic smoking device which creates an aerosol or vapor, in any
manner, or in any form.
Sec. 46-181 - Prohibition of Smoking and Vaping
1. Smoking and vaping are hereby prohibited in the Town of Westlake, including
but not limited to public places and places of employment, except for the
following areas:
(a) Private clubs, as defined in this Ordinance.
2. It shall be unlawful for any pedestrian to smoke, vape, use electronic
cigarettes, or use any tobacco or tobacco related products within any right of
way, park, park facility, trail or trailhead within the Town.
Sec. 46-182 - Notice of Prohibition of Smoking and/or Vaping
1. Owners, operators and/or managers shall conspicuously post a “No Smoking”
sign at the entrance(s) and in at least one (1) location inside the establishment.
The sign shall include the international “No Smoking” symbol (depiction of a
burning cigarette enclosed in a red circle with a red bar across it) and the words
“No Smoking”.
2. Businesses may seek reprieve from the posting signage requirement in this
Ordinance by providing the Town with evidence sufficient to the Town that
such signage is not necessary to further the purpose of the Town’s smoke-free
Ordinance. The Town may determine in its sole discretion whether such
evidence is sufficient to warrant exempting the business from the no smoking
signs requirement.
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3. Failure to comply with this provision will be considered a violation of this
Ordinance.
Sec. 46-183 - Employers
1. Employers shall take reasonable steps to reassign or relocate an employee who
makes an advanced request with reasonable notice to work in a smoke-free
area. If employer cannot reassign or relocate the employee to a smoke-free
area, the employer shall make reasonable accommodations to mitigate the
employee’s exposure to the permitted smoking area(s).
2. Employer shall not discriminate or retaliate against any employee who requests
to be reassigned or relocated to a smoke-free area.
Sec. 46-184 - Enforcement
1. The Town Manager, or designee may promulgate rules and regulations as may
be necessary for the purpose of implementing and carrying out the provisions
of this Ordinance.
2. Owners, managers, and/or operators shall inform any person smoking and/or
vaping to immediately stop smoking and/or vaping and extinguish the tobacco
product and/or smoking device. If the person smoking and/or vaping does not
comply, the owner, manager, operator, or employer shall, if applicable, refuse
service and immediately ask the person to leave the premises. Violator(s) shall
be subject to penalties provided for under this ordinance.
3. Owners, managers, operators and/or employers will be considered in violation
of this Ordinance if they do not attempt to enforce this Ordinance by informing
their customers of the smoking prohibition and request that their customer
comply with the Ordinance.
Reserve Sec. 46-186 through 46-200
SECTION 3: 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 4: 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
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SECTION 5: 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 6: This ordinance shall take effect immediately from and after its passage
as the law in such case provides.
PASSED AND APPROVED ON THIS 25TH DAY OF FEBRUARY 2019.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ APPROVED AS TO FORM:
Kelly Edwards, Town Secretary
____________________________
L. Stanton Lowry, Town Attorney
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