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Ord 899 Amending Chapter 46 Smoke Free Ordinance TOWN OF WESTLAKE ORDINANCE NO. 899 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 DESIGNATED OUTDOOR AREAS,PRIVATE CLUBS,AND RESTAURANTS WITH APPROVED VENTIALTION HANDLING EQUIPMENT; 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, finds that it is in the best interests of the town and its citizens that the amendments 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 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: Sec. 46-180-Definitions. For purposes of this Ordinance, the following words and phrases, shall be have the following meanings: Ordinance 899 Page 1 of 6 AIR PURIFICATION SYSTEM An electrically powered hospital grade, high-efficiency particulate air(E EPA) media filter that will clean all of the air in a designated smoking area every fifteen (15) minutes as follows: not less than ninety-five(95) percent of three-tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than ninety-five (95) percent removal of gases, vapors, volatile organic compounds (V.O.C.) and odors and contains an air barrier system or other barrier system if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. BAR Any area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises. The definition of Bar shall also include,but not be limited to,pubs, taverns, lounges, and taprooms. Although a restaurant may contain a bar,the term "bar" shall not include the restaurant dining area. 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, a-cigar, a-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 mechanical ventilation, and 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. MECHANICAL VENTILATIONSYSTEMA building ventilation system that uses powered fans or blowers to provide fresh air to rooms when the natural forces of air pressure and gravity are not enough to circulate air through a building. PARK/PARKFACILITYmeans all parks, playgrounds, recreational areas owned, leased, Ordinance 899 Page 2 of 6 operated or under the control of the town and includes all athletic fields and other similar facilities owned, leased or operated by the town. PATIO An improved and defined unenclosed outside area associated with a food service establishment or bar used for purposes of dining or entertainment. PEDESTRIAN means a person on foot or in a wheelchair. PERSON Any individual,partnership,cooperative, association, corporation or venture. PLACE OFEMPLOYMENT 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. 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. RESTAURANT An enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located within the establishment. 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. TRAIL A town-wide network of non-motorized, multi-use pathways that are used by bicyclists, walkers and runners for both transportation and recreation purposes. Ordinance 899 Page 3 of 6 TRAILHEAD 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. 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, any outdoor patio or seating area, stand-alone bars,public places and places of employment. The prohibition set forth above shall not apply to: (a) Private clubs, as defined in this Ordinance. (b) A residential dwelling unit that is used exclusively for a residential use. (c) Restaurant bar areas that comply with the following subsections: i. Separately enclosed area,provided that said bar provides a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the restaurant building; and I An Air Purification System must be provided that is separate and apart from the heating/ventilation/air conditioning system for the remainder of the building; and (d) Hotel designated smoking areas that comply with the following subsections: i. Separately enclosed area,provided that said designated area provides a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the building; and ii. An Air Purification System must be provided that is separate and apart from the heating/ventilation/air conditioning system for the remainder of the building. 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" or other symbol and language approved by the Town Manager or designee. Ordinance 899 Page 4 of 6 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. 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. 46-185 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. Ordinance 899 Page 5 of 6 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. 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 on June 1,2020. PASSED AND APPROVED ON THIS 18Tn DAY OF NOVEMBER 2019. ATTEST: Laura Wheat, Mayor had . �YlMnn� � • T a Mom ,Assistant to the Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 899 Page 6 of 6