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152900 ORDINANCE NO. 15.290 r M M 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. M 230 U- a3 C -/a M M M M 0 M M M "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 239 M M 240 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. i r 241 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 //- tie S ackelford