Monroe City Council Legals
STATE OF LOUISIANA
CITY OF MONROE NO. 11,421
The following Ordinance was introduced by Mr. Wilson___________ who moved for its adoption and was seconded by Mrs. Ezernack_________:
AN ORDINANCE DELETING THE CURRENT CHAPTER 30.5 OF THE MONROE CITY CODE ENTITLED "SMOKEFREE AIR ” AND REPLACING SAME IN ITS ENTIRETY WITH THE NEW CHAPTER 30.5 ENTITLED "SMOKE-FREE AIR ACT” AND FURTHER PROVIDING WITH RESPECT THERETO:
WHEREAS, The Louisiana Smoke-Free Air Act (Act 815), prohibits smoking in most public places and workplaces, including all restaurants with or without attached bars. Under Act 815 smoking is still allowed in stand-alone bars and casinos. Act 838, makes it illegal to smoke in vehicles when children age 12 and under are present, regardless of whether the windows are closed or open.
The Monroe City Council finds that tobacco smoke is a harmful and dangerous carcinogen to human beings and a hazard to public health. Secondhand tobacco smoke causes at least 65,000 deaths each year from heart disease and lung cancer according to the National Cancer Institute. Secondhand tobacco smoke causes heart disease, stroke, cancer, sudden infant death syndrome, low-birth-weight in infants, asthma and exacerbation of asthma, bronchitis and pneumonia in children and adults. Secondhand tobacco smoke is the third leading cause of preventable death in the United States. Louisiana workers exposed to secondhand tobacco smoke are at increased risk of premature death. An estimated 690 Louisiana citizens die each year from exposure to secondhand tobacco smoke.
The Monroe City Council also finds that the United States Surgeon General’s 2006 report has determined that there is no risk-free level of exposure to secondhand smoke; the scientific evidence that secondhand smoke causes serious diseases, including lung cancer, heart disease, and respiratory illnesses such as bronchitis and asthma, is massive and conclusive; separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot eliminate secondhand smoke exposure; smoke-free workplace policies are effective in reducing secondhand smoke exposure; and smoke-free workplace policies do not have an adverse economic impact on the hospitality industry.
The Monroe City Council also finds that the Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are capable only of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke. The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) bases its ventilation standards on totally smoke-free environments because it cannot determine a safe level of exposure to secondhand smoke, which contains cancer- causing chemicals, and ASHRAE acknowledges that technology does not exist that can remove chemicals that cause cancer from the air. A June 30, 2005 ASHRAE position document on secondhand smoke concludes that, at present, the only means of eliminating health risks associated with indoor exposure is to eliminate all smoking activity indoors.
* Approximately 690 Louisianans die each year from exposure to secondhand smoke.
* Bar Employees, Casino Employees and Musicians involuntarily inhale enough secondhand smoke every day to suffer some of the same negative health effects of pack-a-day smokers.
* Research shows that 17% fewer heart attacks occur in cities with smoke-free policies in public places.
* Almost 80% of Louisianans do not smoke; non-smokers are the majority and it makes sense to accommodate them.
* Research shows that smoke-free environments have no negative economic or other impact on bars and casinos.
* Exposure to secondhand smoke has immediate adverse effects on the cardiovascular system and can cause coronary heart disease.
Whereas current state law and the current City of Monroe Ordinance does not protect employees who work in bars, gaming facilities, or private clubs and the Monroe City Council seeks to protect ALL employees from prolonged exposure to secondhand smoke through the Ouachita Parish Smoke-free Public Places and Workplace Act.
THEREFORE, BE IT ORDAINED that the City Council of the City of Monroe deems it necessary to delete in its entirety the provisions of the current Chapter 30.5 of the Monroe City Code and replaces same in its entirety as follows:
Sec. 30.5-1: Definitions
The following words and phrases, whenever used in this Article, shall be construed as defined in
A. "Bar” means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
B. "Business” means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
"E-cigarette” means any electronic oral device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine or any other substances, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or
A. whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
B. "Employee” means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit entity.
C. "Employer” means a person, business, partnership, association, corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.
D. "Enclosed Area” means all space between a floor and a ceiling that is bounded on at least two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent and whether or not containing openings of any kind.
E. "Health Care Facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including but not limited to, hospitals, rehabilitation hospitals
or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
F. "Place of Employment” means an area under the control of a public or private employer, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, construction sites, temporary offices, and vehicles. A private residence is not a "place of employment” unless it is used as a child care, adult day care, or health care facility.
G. "Playground” means any park or recreational area designed in part to be used by children that has play or sports equipment installed or that has been designated or landscaped for play or sports activities, or any similar facility located on public or private school grounds or on parish grounds.
"Private Club” means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The
C. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
D. "Public Place” means an area to which the public is invited or in which the public is permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place” unless it is used as a child care, adult day care, or health care facility.
E. "Restaurant” means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant” shall include a bar area within the restaurant.
F. "Service Line” means an indoor or outdoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
G. "Shopping Mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments.
H. "Smoking” means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. "Smoking” also includes the use of an e-cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this Article.
I. "Sports Arena” means a place where people assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller rinks, and bowling alleys.
Sec. 30.5-2 Application of City-Owned Facilities and Property
All enclosed areas, including buildings and vehicles owned, leased, or operated by the City of Monroe, as well as all outdoor property adjacent to such buildings and under the control of the City of Monroe shall be subject to the provisions of this Article.
Sec. 30.5-3 Prohibition of Smoking in Enclosed Public Places
Smoking shall be prohibited in all enclosed public places within the City of Monroe including but not limited to, the following places:
A. Zoos, galleries, libraries, and museums.
B. Areas available to the general public in businesses and non-profit entities patronized by the public, including but not limited to, banks, laundromats, professional offices, and retail service establishments.
D. Bingo facilities.
E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
I. Gaming facilities.
J. Health care facilities.
K. Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
L. Polling places.
M. Public transportation vehicles, including buses and taxicabs, under the authority of Ouachita Parish Police Jury, and ticket, boarding, and waiting areas of public transportation facilities, including bus, train, and airport facilities.
O. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
P. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the Monroe City Councilor a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of Monroe.
Q. Service lines.
R. Shopping malls.
S. Sports arenas, including enclosed places in outdoor arenas.
T. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.
Sec. 30.5-4 Prohibition of Smoking in Enclosed Places of Employment
A. Smoking shall be prohibited in all enclosed areas of places of employment without exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment.
Sec. 30.5-5 Prohibition of Smoking in Private Clubs
Smoking shall be prohibited in all private clubs.
Sec. 30.5-6 Prohibition of Smoking in Enclosed Residential Facilities
Smoking shall be prohibited in the following enclosed residential facilities:
Sec. 30.5-7 Prohibition of Smoking in Outdoor Public Places
Smoking shall be prohibited in the following outdoor places:
A. Within a reasonable distance of 15 feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.
B. On all outdoor property that is adjacent to buildings owned, leased, or operated by the City of Monroe.
C. In and within 15 feet of outdoor serving areas of restaurants and bars unless on a patio of such facility an outdoor serving area is located or a bar and an employee is stationed at the location.
D. In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in, and within 15 feet of, bleachers and grandstands for use by spectators at sporting and other public events.
E. In, and within 15 feet of, all outdoor playgrounds.
F. In, and within 15 feet of, all outdoor public transportation stations, platforms, and shelters under the authority of the City of Monroe.
G. In all outdoor service lines, including lines in which service is obtained by persons in vehicles, such as service that is provided by bank tellers and parking lot attendants. In lines in which service is obtained by persons in vehicles, smoking is prohibited by both pedestrians and persons in vehicles, but only within15 feet of the point of service.
Sec. 30.5-8 Prohibition of Smoking in Outdoor Places of Employment
A. Smoking shall be prohibited in all outdoor places of employment where two or more employees are required to be in the course of their employment. This includes, without limitation, work areas, construction sites, temporary offices such as trailers, restroom facilities, and vehicles.
B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Article and to all prospective employees upon their application for employment.
Sec. 30.5-9 Where Smoking Not Regulated
Notwithstanding any other provision of this Article to the contrary, smoking shall not be
prohibited in private residences, unless used as a childcare, adult day care, or health care facility.
Sec. 30.5-10 Declaration of Establishment or Outdoor Area as Nonsmoking
Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 12(A) is posted.
Sec. 30.5-11 Posting of Signs and Removal of Ashtrays
The owner, operator, manager, or other person in control of a public place or place of employment where smoking is prohibited by this Article shall:
A. Clearly and conspicuously post "No Smoking” signs or the international "No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) in that place.
B. Clearly and conspicuously post at every entrance to that place a sign stating that smoking is prohibited.
C. Clearly and conspicuously post on every vehicle that constitutes a place of employment under this Article at least one sign, visible from the exterior of the vehicle, stating that smoking is prohibited.
D. Remove all ashtrays from any area where smoking is prohibited by this Article, except for ashtrays displayed for sale and not for use on the premises.
Sec. 30.5-12 Nonretaliation; Nonwaiver of Rights
A. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, customer, or resident of a multiple-unit residential facility because that employee, applicant, customer, or resident exercises any rights afforded by this Article or reports or attempts to prosecute a violation of this Article. Notwithstanding Section 15, violation of this Subsection shall be a misdemeanor, punishable by a fine not to exceed $1000 for each violation.
B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party.
Sec. 30.5-13 Enforcement
A. This Article shall be enforced by the City of Monroe or an authorized designee.
B. Notice of the provisions of this Article shall be given to all applicants for a business license in the City of MOnroe.
C. Any citizen who desires to register a complaint under this Article may initiate enforcement with the City of Monroe.
D. The Health Department, Fire Department, or their designees shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Article.
E. An owner, manager, operator, or employee of an area regulated by this Article shall direct a person who is smoking in violation of this Article to extinguish the product being smoked. If the person does not stop smoking, the owner, manager, operator, or employee shall refuse service and shall immediately ask the person to leave the premises. If the person in violation refuses to leave the premises, the owner, manager, operator, or employee shall contact a law enforcement agency.
F. Notwithstanding any other provision of this Article, an employee or private citizen may bring legal action to enforce this Article.
G. In addition to the remedies provided by the provisions of this Section, Monroe City Councilor any person aggrieved by the failure of the owner, operator, manager, or other person in control of a public place or a place of employment to comply with the provisions of this Article may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction.
Sec. 30.5-14 Violations and Penalties
A. A person who smokes in an area where smoking is prohibited by the provisions of this Article shall be guilty of an infraction, punishable by a fine not exceeding fifty dollars ($50).
B. Except as otherwise provided in Section 1013(A), a person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by:
a. A fine not exceeding one hundred dollars ($100) for a first violation.
b. A fine not exceeding two hundred dollars ($200) for a second violation within one (1) year.
c. A fine not exceeding five hundred dollars ($500) for each additional violation within one (1) year.
C. In addition to the fines established by this Section, violation of this Article by a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred.
D. Violation of this Article is hereby declared to be a public nuisance, which may be abated by the by restraining order, preliminary and permanent injunction, or other means provided for by law, and the City of Monroe may take action to recover the costs of the nuisance abatement per the Nuisance Abatement Ordinance of the City of Monroe.
E. Each day on which a violation of this Article occurs shall be considered a separate and distinct violation.
Sec. 30.5-15 Public Education
The Department of Health and Hospitals shall engage in a continuing program to explain and clarify the purposes and requirements of this Article to citizens affected by it, and to guide owners, operators, and managers in their compliance with it.
The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance.
Sec. 30.5-16 Governmental Agency Cooperation
The Monroe City Council shall annually request other governmental and educational agencies having facilities within the City of Monroe to establish local operating procedures in cooperation and compliance with this Article. This includes urging all Federal, State, Parish, and School District agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke.
Sec. 30.5-17 Other Applicable Laws
This Article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.
Sec. 30.5-18 Liberal Construction
This Article shall be liberally construed so as to further its purposes.
Sec. 30.5-19 Severability
If any provision, clause, sentence, or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.
Sec. 30.5-19 Effective Date
This Article shall be effective January 2, 2014.
This Ordinance having been introduced on the 10th day of September, 2013.
NOTICE PUBLISHED on the 12th day of September, 2013
This Ordinance having been submitted in writing and was then submitted to a vote as a whole, the vote thereon being as follows:
AYES: Council Members Armstrong, Ezernack, Wilson
NAYS: Councilman Clark & Councilwoman Blakes
And the Ordinance was declared ADOPTED on the 24th day of September, 2013.
Carolus S. Riley
James E. Mayo