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Ord 755 Amending Chapter 46 Adding Smoking RegulationsTOWN OF WESTLAKE ORDINANCE NO. 755 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46 TITLED HEALTH AND SANITATION, ADDING ARTICLE VI, SECTIONS 46-180 THROUGH 46-183, 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 desires to promote a safer, healthier community by providing a smoke free environment; and WHEREAS, The Town Council has considered feedback from community stakeholders; and WHEREAS, The Town Council has determined that it is in the best interest of the citizens and pedestrians to prohibit pedestrian smoking within the Town's right of ways, trails, parks and park facilities; and WHEREAS, The Town Council has determined that it is in the best interest of the citizens and general public to prohibit smoking within 25' of the entrance to any public building and further authorizes funding necessary for implementation; and WHEREAS, The Town Council authorizes the expenditure of funds to provide the necessary notification; 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 l: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Ordinance 755 Page I of 5 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 &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; (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. Sinoke 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 Ordinance 755 Page 2 of 5 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. ParklPark 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. Pedestrian means A person on foot or in a wheelchair. 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. 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 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. b) It shall be unlawful for any person to place, or allow to be placed, within 25 feet of any entrance or exit to any public building: (1) Ashtrays, (2) Smoking paraphernalia, or (3) Signs that indicate that smoking is permitted. c) Any owner, manager, operator or employer of any establishment controlled by this ordinance shall, upon either observing or being advised of a violation of sections 46-18 La and 46-181.b, 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 right of ways, trails, parks and park facilities. It shall be unlawful for any pedestrian to smoke, use electronic cigarettes, or use any tobacco or tobacco related products within any right of way within the Town of Westlake. Ordinance 755 Page 3 of 5 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. 46-183 - 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 hereof and the Council hereby determines that it would have adopted this Ordinance without the invalid provision SECTION 4: That this Ordinance with Attachment "A" TRAILS, PARKS, AND PARKS FACILITIES MAP, 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: 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. Ordinance 755 Page 4 of 5 SECTION 6: This ordinance shall take effect January 1, 2016 after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 20" DAY OF OCTOBER, 2015. ATTEST: �-LULL- A.ID Nj� Kelly Edwards, Town Secretary WIMUCZOii/91�T4�►`���j�ii:>>� L. Sta t'n Lowry, T.' n Attorney Laur Wheat, Mayor T omas E. Brymer, w Manager Ordinance 755 Page 5 of 5 0 300 600 1200 1800 GRAPHIC SCALE IN FEET . to � •h •c�••• �.•• w'. •- •t,••' •� 4 U'A� . r�x� • Deloitte Unit ersiry p SO'UTI:IiLAKE LEGEND ❑ Trailhead / Shade Structure Trail © Park TWN OF FS7LAKF C PU UMM TROD -PINY CLUB Vaquero Ordinance 755 Attachment "A" Trails, Parks, and Facilities Map (Adopted October 20, 2015) Star -Telegram 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 TOWN OF WESTLAKE Misc Fee 0 INVOICE T NOV 3 2015 3Y: I3580 1 Customer ID: TOW27 Invoice Numbe�06601 Invoice Date: ,10/24/2015 Terms: _ Net due in 21 days Due Date: 10/31/2015 PO Number: Order Number: 33580660 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates:10/23/2015 -10/24/201 31 31 LINE $6.14 $380.72 $10.00 Net Amount: 390.72 CHRISIY LYN7HOLLANII t10to:y PubticCommtJul 3 �o i tafka r t V S i A� � �Ct1ltt aftd.Statt, fh1S "` � �} app`are P,bomh Bglor, %4 & Lega[Coordinator Tt. in Tarrant County, ,Las : and who afta bang duly SuvM did dcpc .:� w auactsea of advtrtistaunt was pubC�shtd in the about named papa on the fis dates: B D th L�tjS1LS ? £F'T Star-�l (817j 39U 7Q39 !ba_ �VQ3�1_ SUBSCRIBED AND S`W0R.N1117 BEFORE ME, OflS OMB` 1 Thank You For Your Payment ----------------------------------------------- Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 335806601 Invoice Amount: $390.72 PO Number: Amount Enclosed: $