Columbus, Georgia

2



DRAFT 2/4/05



AN ORDINANCE



No.



An Ordinance amending Article I of Chapter 13 of the Columbus Code (Health and

Sanitation) by adding comprehensive prohibitions against smoking in public

places; and for other purposes.



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NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA HEREBY ORDAINS:

SECTION 1.



Article 1 of Chapter 13 of the Columbus Code is hereby amended by inserting a

new heading for the current ordinances prohibiting smoking in public buildings

and at city parks and recreational facilities to read as follows:



?Division 1 Smoking on Public Property?



SECTION 2.



Article 1 of Chapter 13 of the Columbus Code is hereby amended by adding a new

Division 2 entitled the ?Clean Indoor Air Ordinance? to read as follows:





?Division 2 Clean Indoor Air Ordinance



Sec. 13-03. Definitions.

Sec. 13-04. Regulation of smoking

Sec. 13-05. Exceptions.

Sec. 13-06. Smoking prohibited.

Sec. 13-07. Responsibility of owner/manager.

Sec. 13-08. Declaration of smoke-free environment.

Sec. 13-09. Violation and penalty.

Sec. 13-10. Severability.



Section 13-03 Definitions



The following words and phrases whenever used in this chapter shall be

construed as defined in this section:



Bar: 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, pubs, taverns, nightclubs, cocktail lounges, and cabarets.



Designated smoking area in a place of employment: A separate enclosed room

where smoking is permitted and which (i) is not frequented by the public or

nonsmoking employees and (ii) is not a work area, restroom or meeting room,

hallway, walkway or doorway and (iii) is not the only employee lounge or

cafeteria. Enclosed room means all space between a floor and ceiling is

enclosed on all sides by solid walls or windows, exclusive of closable

doorways, which extend from the floor to the ceiling.



Designated smoking area in a restaurant: An area of contiguous seating where

smoking is permitted and which (i) is situated so existing barriers and

ventilation systems are used to minimize the toxic effects of smoke, (ii) is

marked by appropriate signs, and (iii) does not include and is not adjacent to

service lines or cashier areas.



Dining area: An interior area containing a counter or tables upon which food is

served.



Kitchen: Any food preparation area in any public place from which food is

served to customers, employees, residents of health care facilities or any

other persons.



Place of employment: Any enclosed area under the control of an employer and

which employees frequent during the course of employment. Such areas shall

include, but not be limited to, work areas, restrooms, employee lounges,

cafeterias and snack bars, conference and meeting rooms, lobbies, hallways and

reception areas. A private residence is not a "place of employment" unless it

is a facility used for child daycare, adult daycare, or health care. A facility

owned or operated by any governmental entity other than the Columbus

Consolidated Government is not a "place of employment."



Private enclosed offices: Any enclosed area within a place of employment.

Enclosed office means all space between a floor and ceiling is enclosed on all

sides by solid walls or windows, exclusive of closable doorways, which extend

from the floor to the ceiling.



Public place: Any enclosed area to which the public is invited or in which the

public is permitted.



Restaurant: Any establishment or portion thereof which is primarily devoted to

the serving of food to the public or guests and which contains a dining area,

including, but not limited to, coffee shops, cafeterias, sandwich stands, and

other eating establishments. Bar areas within restaurants and food courts

within shopping malls shall be treated as restaurants under this chapter.



Retail tobacco store: A retail store in which the sale of tobacco products

designed for smoking comprises more than 50 percent of its receipts.



Service line: Any indoor line at which one or more persons are waiting for or

receiving service of any kind, whether or not the service involves the exchange

of money.



Smoking: Inhaling, exhaling, burning or possessing any lighted tobacco product.



Section 13-04 Regulation of Smoking



Except as otherwise provided in this chapter, smoking is prohibited in all

public places and places of employment within Columbus, Georgia.



Section 13-05 Exceptions



The regulations of smoking pursuant to this chapter shall not apply in the

following areas:



(1) Hotel and motel rooms rented to guests, except for those rooms designated

by such hotels and motels as smoking rooms. Such designated smoking rooms shall

not exceed 25 percent of the total number of rooms available for rent.



(2) Retail tobacco stores;



(3) Bars;



(4) Designated smoking area in a place of employment, except that no designated

smoking area shall be permitted in any health care or childcare facility;



(5) Livestock auction facilities;



(6) Banquet or meeting rooms when these rooms are being used for

private functions;



(7) Designated smoking area in a restaurant provided that such

designated smoking area shall not comprise more than fifty (50) percent of a

restaurant?s seating capacity;



(8) Place of employment occupied exclusively by smokers and which is

not subject to public access in the ordinary course of business.



Section 13-06 Smoking prohibited



(a) Places where smoking prohibited at all times. Smoking is absolutely

prohibited, and no designated smoking area may be established in the following

areas:



(1) Kitchens in any public place;

(2) Health care facilities; provided, however, that this prohibition shall not

apply to private patient rooms occupied only by smoking patients;

(3) Passenger elevators or stairwells;

(4) Public transit vehicles and shelters;

(5) Service lines and cashier areas;

(6) Educational facilities;

(7) Childcare facilities;

(8) Theaters, concert halls, auditoriums, stadiums, arenas, gymnasiums,

community centers, and similar recreational and entertainment facilities;

(9) Libraries, museums, art galleries and similar cultural facilities;

(10) Polling places and rooms in which public meetings and hearings are held.



(b) Places where smoking is prohibited between the hours of 7:00 a.m. to 11:00

p.m.

(1) Smoking is prohibited from 7:00 a.m. to 11:00 p.m. in all

restaurants. Between 11:00 p.m. and 7:00 a.m., smoking is allowed in designated

smoking areas in restaurants.

(2) Smoking is prohibited from 7:00 a.m. to 11:00 p.m. in bars. Between

11:00 p.m. and 7:00 a.m., smoking is allowed in bars.





Section 13-07 Responsibility of owner/manager



(a) "Smoking" or "Nonsmoking" signs whichever are appropriate, with letters of

not less than one inch in height, 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) shall be clearly posted at or near all

entrances and sufficiently and conspicuously posted at other appropriate

locations in every building or other place where smoking is regulated by this

chapter by the owner, operator, manager or other person having control of such

building or other place. Restaurants or bars that elect to allow smoking in

accordance with Section 13-06(b) shall clearly state in the text of the signs

required in this section the hours when smoking is prohibited.



(b) All ashtrays and other smoking paraphernalia shall be removed by the

owner, operator, manager, or other person in control from any area where and at

the times when smoking is prohibited by this chapter.



(c) 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

section shall be guilty of an offense.



Section 13-08 Declaration of smoke-free environment



Nothing in this chapter shall be deemed, interpreted or construed to restrict

or prohibit any person in charge of any public place or place of employment to

designate the place a smoke-free facility and to prohibit smoking areas which

otherwise would be permitted by this chapter.





Section 13-09 Violation and penalty



(a) A person who violates any provision of this chapter shall be guilty of an

offense and, upon conviction, shall be punished as provided in section 1-8 of

the Columbus Code, except that the fines for such violation shall be as follows:



(1) For a first violation, a fine of $50.00;

(2) For a second violation within one year, a fine of $100.00; and

(3) For each additional violation within one year, a fine not exceeding $500.00



(b) Each day on which a violation of this chapter occurs shall be considered a

separate and distinct violation.



Section 13-10 Severability



If the provisions of any section, subsection, paragraph, subdivision or clause

of this chapter shall be adjudged invalid by a court of competent jurisdiction,

such judgment shall not affect or invalidate the remainder of any section,

subsection, paragraph, subdivision or clause of this chapter







SECTION 3.



All ordinances or parts of ordinances in conflict with this ordinance are

hereby repealed.







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Introduced at a regular meeting of the Council of Columbus, Georgia, held on

the _______ day of ____________________, 2005; introduced a second time at a

regular meeting of said Council held on the ______ day of

_______________________, 2005, and adopted at said meeting by the affirmative

vote of ________ members of said Council.













Councilor Allen voting____________.

Councilor Anthony voting__________.

Councilor Davis voting____________.

Councilor Henderson voting________.

Councilor Hunter voting___________.

Councilor McDaniel voting_________.

Councilor Rodgers voting__________.

Councilor Suber voting____________.

Councilor Pugh voting_____________.

Councilor Woodson voting__________.











_______________________________ ______________________________

TINY B. WASHINGTON ROBERT S. POYDASHEFF

CLERK MAYOR