Abilene, TX Smoking Restrictions Ordinance

Type: Ordinance
Status: Adopted on 12/21/06
Source File: http://www.abilenetx.com/
Text:
AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF THE CITY OF ABILENE BY ADOPTING A COMPREHENSIVE REVISION OF CHAPTER 10: FIRE PROTECTION AND PREVENTION, ARTICLE III: FIRE PREVENTION CODE, DIVISION 2: SMOKING
WHEREAS, the U. S. Surgeon General recently released a report focusing on the effects
of secondhand smoke. Secondhand smoke is composed of sidestream smoke (the smoke
released from the burning end of a cigarette) and exhaled mainstream smoke (the smoke
exhaled by the smoker). Secondhand smoke has been designated as a known human
carcinogen by the U. S. Environmental Protection Agency, the National Toxicology
Program, and the International Agency for Research on Cancer, and an occupational
carcinogen by the National Institute for Occupational Safety and Health; and,
WHEREAS, the findings of said report state there is no risk-free level of exposure to
secondhand smoke and that breathing even a little secondhand smoke can be harmful to
your health; and,
WHEREAS, the U. S. Surgeon General has concluded that secondhand smoke causes
lung cancer, heart disease, acute respiratory effects and can cause sudden infant death
syndrome and other health consequences in infants and children; and,
WHEREAS, Tobacco use is the single largest cause of preventable death in Texas, each
year killing more Texans than alcohol, AIDS, heroin, auto accidents, suicides, handguns,
murders and fires combined (20% of all deaths in Texas); and,
WHEREAS, the simple separation of smokers from nonsmokers within the same
airspace does not eliminate the exposure of nonsmokers to secondhand smoke, given that
no safe level of exposure to carcinogens has been found; and,
WHEREAS, accordingly, the City Council recognizes that secondhand smoke poses a
serious public health hazard, that nonsmokers need protection from secondhand smoke
exposure and that therefore, regulation by the City Council of the burning of tobacco in
public places and places of employment is imperative in order to protect the public health
and welfare of the citizens of the City of Abilene; and,
WHEREAS, on November 7, 2006, the City of Abilene held an election to determine
whether or not the voters supported the Council adopting an ordinance banning smoking
in all public places and places of employment; and,
WHEREAS, the proposition passed 15,326 (68.62%) in favor of the ban to 7,007
(31.38%) against.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ABILENE, TEXAS
Part 1: That Chapter 10, Article III, Division 2, SMOKING of the Code of the
City of Abilene be amended in its entirety and is superseded by the new Chapter 10,
Article III, Division 2, SMOKING RESTRICTIONS, as set forth in Exhibit A attached
hereto.
Part 2: That any person, firm, or corporation violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof,
shall be punished by a fine as set forth in Section 1-9 of the Code of the City of Abilene.
Said ordinance, being a penal ordinance, becomes effective ten (10) days after its
publication in the newspaper as provided by Section 19 of the Charter of the City of
Abilene, Texas.
Refer to the source file to view Attachment A.
Category:City Governments
Category:Ordinances
Category:Smoking
Category:Texas