152900
ORDINANCE NO. 15.290
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AN ORDINANCE PROVIDING FOR THE REGULATION OF
SMOKING IN PUBLIC PLACES.
WHEREAS, the smoking of tobacco or any other weed or
plant is a positive danger to health and a cause of material
annoyance, inconvenience, discomfort and constitutes a
health hazard to those who are present in confined places;
and
WHEREAS, the legislative intent
Directors of the City of Little Rock
ordinance is to regulate the smoking
other weed or plant in public places
exorbitant costs on persons in manag
places so regulated.
of the Board of
in enacting this
of tobacco and any
without imposing
ement and control of the
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1. That the Code of Ordinances of the City of
Little Rock, Arkansas is hereby amended by adding Article V
to Chapter 16, Health and Sanitation, entitled: "An
Ordinance Providing for the Regulation of Smoking in Public
Places ", and which said Article V shall read as follows:
A. Definitions.
The following words and phrases whenever used in
this ordinance shall be construed as hereinafter
set out unless it shall be apparent from the
context that they have a different meaning.
1. "Employee" shall mean any person who is
employed by an employer in consideration for
monetary compensation or profit.
2. "Employer" shall mean any person, partnership,
corporation, including municipal corporation
who employs the service of more than four
persons.
3. "Place of employment" shall mean any enclosed
area under the control of a public or private
employer which employees normally frequent
during the course of employment including but
not limited to work areas, employee lounges,
conference rooms, and employee cafeterias. A
private residence is not a place of employment.
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"Smoke" or "smoking" shall include the carrying
or holding of a lighted pipe, cigar or
cigarette of any kind or any other lighted
smoking equipment or the lighting or emitting
or exhaling the smoke of a pipe, cigar or
cigarette of any kind.
B. Prohibition
It shall be unlawful to smoke in the following
places:
1. Those portions of any building, structure or
other enclosed facility open to the general
public for the primary purpose of exhibiting
any motion picture, stage production, musical
recital or a similar performance exclusive of
sports events other than in an area which
serves as a lobby.
2. Any room, chamber, place of meeting, or public
assembly wherein public business is being
conducted and which is open to members of the
general public either as participants or as
spectators except that the prohibition
contained in this subparagraph shall not apply
within a contiguous area containing fifty
percent (50 %) or less of a room, chamber of
place of meeting or public assembly if the
entity having management and control of the
premises has designated and identified such
area as a Smoking Permitted Area by appropriate
signs, provided that no division of that area
of such room, chamber, place of meeting, or
public assembly set aside for the use by the
general public shall be made on a front area
versus rear area basis, and further provided
that where such premises as above provided have
a seating capacity of fewer that fifty (50)
seats that the contiguous area to be set aside
for use as a Smoking Permitted Area by the
entity having management and control of the
premises shall be twenty -five percent (25 %) or
less of the total area set aside for use by the
general public.
3. Those areas within the buildings
of any health care facility which
visitors to the premises, except
areas there may be enclosed areas
and set aside on each floor where
be allowed.
or structures
are open to
that in such
designated
smoking may
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4. Any retail food marketing establishment
including grocery stores and supermarkets,
except those areas of such establishments set
aside for the serving of food and drink,
restrooms and offices and areas thereof not
open to the public.
C. Posting of Signs
E.
F.
The person having the authority to manage and
control in any area designated as a nonsmoking area
pursuant to Subsection B shall post or cause to be
posted and prominently displayed and shall maintain
"No Smoking" signs in conspicuous locations within
said areas. All such signs shall clearly and
conspicuously recite the phrase "No Smoking" and /or
use the international no smoking symbol and shall
cite City of Little Rock municipal ordinances. The
signs shall be posted not less than five feet nor
more than eight feet above floor level and shall be
sufficient number in location to cause the message
of at least one of the signs to be clearly visible,
legible and readable.
Other Agency Cooperation
All federal, state, county,
districts and officials are
enforce provisions similar
contained herein.
Exceptions
school and special
urged to enact and
to the provisions
The prohibitions set forth in Subsection B shall
not apply to private enclosed offices occupied
exclusively by smokers even though such an office
may be visited by nonsmokers, or to those portions
of restaurants, bars or hotels where food or
alcoholic beverages are served to the public.
Implementation
Those persons responsible
provisions of this section
with all applicable state
rules or regulations.
G. Penalties
shall implement the
in a manner consistent
or federal statutes,
1. It shall be unlawful to willfully mutilate or
destroy any signs required by this section.
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2. It shall be unlawful to smoke in any area
posted as a nonsmoking area.
3. Violation of or failure to comply with this
subsection is a misdemeanor, punishable by a
fine of not more than five hundred dollars
($500.)
SECTION 2. Severability. If any provision or clause
of this ordinance or the application thereof to any person
or circumstances is held to be unconstitutional or to be
otherwise invalid by any court of competent jurisdiction,
such invalidity shall not effect other ordinance provisions
or clauses or applications thereof which can be implemented
without the invalid provision or clause or application, and
is listed in the provisions and clauses of this ordinance
and declared to be severable.
SECTION 3. The City Clerk shall cause this ordinance
to be published in major daily newspapers printed and
published in the City of Little Rock.
PASSED: May 5, 1987
ATTEST: 441)
C't Clerk Jane Czech
i y
APPROVED: �"
Mayo
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tie S ackelford