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Ord 877 Amending Chapter 46 Health and Sanitation, Article VI Tobacco products SmokingOrdinance 877 Page 1 of 5 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: No Action Taken Ordinance 877 Page 2 of 5 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. No Action Taken Ordinance 877 Page 3 of 5 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. No Action Taken Ordinance 877 Page 4 of 5 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. No Action Taken Ordinance 877 Page 5 of 5 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 No Action Taken