An Ordinance
No. _________________
An Ordinance amending Chapter 13 of the Columbus Code by striking
Article I, Division 1 and adding a new Article I, Division 1 to Prohibit
Smoking in All Workplaces and Public Places; and for other purposes.
Whereas, this Council recognizes the following findings:
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary
Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure
causes disease and premature death in children and adults who do not smoke; (2)
children exposed to secondhand smoke are at an increased risk for sudden infant
death syndrome (SIDS), acute respiratory problems, ear infections, and asthma
attacks, and that smoking by parents causes respiratory symptoms and slows lung
growth in their children; (3) exposure of adults to secondhand smoke has
immediate adverse effects on the cardiovascular system and causes coronary
heart disease and lung cancer; (4) there is no risk-free level of exposure to
secondhand smoke; (5) establishing smokefree workplaces is the only effective
way to ensure that secondhand smoke exposure does not occur in the workplace,
because ventilation and other air cleaning technologies cannot completely
control for exposure of nonsmokers to secondhand smoke; and (6) evidence from
peer-reviewed studies shows that smokefree policies and laws do not have an
adverse economic impact on the hospitality industry. According to the 2010
U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease, even
occasional exposure to secondhand smoke is harmful and low levels of exposure
to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction
and inflammation of the lining of the blood vessels, which are implicated in
heart attacks and stroke. According to the 2014 U.S. Surgeon General's
Report, The Health Consequences of Smoking?50 Years of Progress, secondhand
smoke exposure causes stroke in nonsmokers. The report also found that since
the 1964 Surgeon General's Report on Smoking and Health, 2.5 million nonsmokers
have died from diseases caused by tobacco smoke.
Numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution, and that breathing secondhand smoke (also known as environmental
tobacco smoke) is a cause of disease in healthy nonsmokers, including heart
disease, stroke, respiratory disease, and lung cancer. The National Cancer
Institute determined in 1999 that secondhand smoke is responsible for the early
deaths of approximately 53,000 Americans annually.
The Public Health Service's National Toxicology Program (NTP) has listed
secondhand smoke as a known carcinogen.
Based on a finding by the California Environmental Protection Agency in 2005,
the California Air Resources Board has determined that secondhand smoke is a
toxic air contaminant, finding that exposure to secondhand smoke has serious
health effects, including low birth-weight babies; sudden infant death syndrome
(SIDS); increased respiratory infections in children; asthma in children and
adults; lung cancer, sinus cancer, and breast cancer in younger, premenopausal
women; heart disease; and death.
There is indisputable evidence that implementing 100% smoke-free environments
is the only effective way to protect the population from the harmful effects of
exposure to secondhand smoke.
In reviewing 11 studies concluding that communities see an immediate reduction
in heart attack admissions after the implementation of comprehensive smokefree
laws, the Institute of Medicine of the National Academies concluded that data
consistently demonstrate that secondhand smoke exposure increases the risk of
coronary heart disease and heart attacks and that smokefree laws reduce heart
attacks.
A significant amount of secondhand smoke exposure occurs in the workplace.
Employees who work in smoke-filled businesses suffer a 25-50% higher risk of
heart attack and higher rates of death from cardiovascular disease and cancer,
as well as increased acute respiratory disease and measurable decrease in lung
function.
Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized
nitrosamine NNK, a tobacco-specific carcinogen linked to lung cancer) in
hospitality workers find dramatic reductions in the levels of these biomarkers
after a smokefree law takes effect. Average cotinine levels of New York City
restaurant and bar workers decreased by 85% after the city's smokefree law went
into effect. After the implementation of Ontario, Canada's Smokefree Indoor
Air Law, levels of NNAL were reduced by 52% in nonsmoking casino employees and
cotinine levels fell by 98%.
Smokefree indoor air laws result in a significant reduction in fine particulate
matter and improved air quality. A Grand Rapids, Michigan study that monitored
six restaurants before and after implementation of the state's smokefree air
law found that PM2.5 fine particulate matter was reduced by 92 percent after
the law went into effect, indicating that the vast majority of indoor air
pollution in all six venues was due to secondhand smoke. The results in Grand
Rapids were consistent with results in Wilmington, Delaware; Boston,
Massachusetts; and Western New York.
Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand
smoke exposure in the workplace, which included indoor air quality tests and
biomarker assessments, the National Institute of Occupational Safety & Health
(NIOSH) concluded that the casino employees are exposed to dangerous levels of
secondhand smoke at work and that their bodies absorb high levels of
tobacco-specific chemicals NNK and cotinine during work shifts. NIOSH also
concluded that the "best means of eliminating workplace exposure to [secondhand
smoke] is to ban all smoking in the casinos?. A subsequent study in Nevada,
whose Clean Indoor Air Act permits smoking in designated areas of casinos,
bars, and taverns, indicates that strong 100% smokefree laws are the only
effective way to protect indoor air quality. The study sampled the air quality
in 15 casino gaming areas and corresponding nonsmoking areas, and the results
indicated that the Clean Indoor Air Act failed to protect air quality in the
nonsmoking areas, including children-friendly areas.
Secondhand smoke is particularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function,
including asthmatics and those with obstructive airway disease. The Americans
With Disabilities Act, which requires that disabled persons have access to
public places and workplaces, deems impaired respiratory function to be a
disability.
The U.S. Centers for Disease Control and Prevention has determined that the
risk of acute myocardial infarction and coronary heart disease associated with
exposure to tobacco smoke is non-linear at low doses, increasing rapidly with
relatively small doses such as those received from secondhand smoke or actively
smoking one or two cigarettes a day, and has warned that all patients at
increased risk of coronary heart disease or with known coronary artery disease
should avoid all indoor environments that permit smoking.
Given the fact that there is no safe level of exposure to secondhand smoke, the
American Society of Heating, Refrigerating and Air Conditioning Engineers
(ASHRAE) bases its ventilation standards on totally smokefree environments.
ASHRAE has determined that there is currently no air filtration or other
ventilation technology that can completely eliminate all the carcinogenic
components in secondhand smoke and the health risks caused by secondhand smoke
exposure, and recommends that indoor environments be smokefree in their
entirety.
During periods of active smoking, peak and average outdoor tobacco smoke (OTS)
levels measured in outdoor cafes and restaurant and bar patios near smokers
rival indoor tobacco smoke concentrations. Nonsmokers who spend six-hour
periods in outdoor smoking sections of bars and restaurants experience a
significant increase in levels of cotinine when compared to the cotinine levels
in a smokefree outdoor area.
Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars,
and other tobacco products is left behind after smoking occurs and builds up on
surfaces and furnishings. This residue can linger in spaces long after smoking
has ceased and continue to expose people to tobacco toxins. Sticky, highly
toxic particulate matter, including nicotine, can cling to walls and ceilings.
Gases can be absorbed into carpets, draperies, and other upholsteries, and then
be reemitted (off-gassed) back into the air and recombine to form harmful
compounds. Tobacco residue is noticeably present in dust throughout places
where smoking has occurred. Given the rapid sorption and persistence of high
levels of residual nicotine from tobacco smoke on indoor surfaces, including
clothing and human skin, this recently identified process represents an
unappreciated health hazard through dermal exposure, dust inhalation, and
ingestion. The dangers of residual tobacco contamination are present in
hotels, even in nonsmoking rooms. Compared with hotels that are completely
smokefree, surface nicotine and air 3EP are elevated in nonsmoking and smoking
rooms of hotels that allow smoking. Air nicotine levels in smoking rooms are
significantly higher than those in nonsmoking rooms of hotels that do and do
not completely prohibit smoking. Hallway surfaces outside of smoking rooms also
show higher levels of nicotine than those outside of nonsmoking rooms. Partial
smoking restrictions in hotels do not protect non-smoking guests from exposure
to tobacco smoke and tobacco-specific carcinogens.
Unregulated high-tech smoking devices, commonly referred to as electronic
cigarettes, or "e-cigarettes," closely resemble and purposefully mimic the act
of smoking by having users inhale vaporized liquid nicotine created by heat
through an electronic ignition system. After testing a number of electronic
cigarettes from two leading manufacturers, the Food and Drug Administration
(FDA) determined that various samples tested contained not only nicotine but
also detectable levels of known carcinogens and toxic chemicals, including
tobacco-specific nitrosamines and diethylene glycol, a toxic chemical used in
antifreeze. The FDA's testing also suggested that "quality control processes
used to manufacture these products are inconsistent or non-existent.
According to a more recent study, electronic cigarette emissions are made up of
a high concentration of ultrafine particles, and the particle concentration is
higher than in conventional tobacco cigarette smoke. Electronic cigarettes
produce an aerosol or vapor of undetermined and potentially harmful substances,
which may appear similar to the smoke emitted by traditional tobacco products.
Their use in workplaces and public places where smoking of traditional tobacco
products is prohibited creates concern and confusion and leads to difficulties
in enforcing the smoking prohibitions. The World Health Organization (WHO)
recommends that electronic smoking devices not be used indoors, especially in
smokefree environments, in order to minimize the risk to bystanders of
breathing in the aerosol emitted by the devices and to avoid undermining the
enforcement of smokefree laws.
The Society of Actuaries has determined that secondhand smoke costs the U.S.
economy roughly $10 billion a year: $5 billion in estimated medical costs
associated with secondhand smoke exposure and $4.6 billion in lost
productivity.
Numerous economic analyses examining restaurant and hotel receipts and
controlling for economic variables have shown either no difference or a
positive economic impact after enactment of laws requiring workplaces to be
smokefree. Creation of smokefree workplaces is sound economic policy and
provides the maximum level of employee health and safety.
There is no legal or constitutional "right to smoke?. Business owners have no
legal or constitutional right to expose their employees and customers to the
toxic chemicals in secondhand smoke. On the contrary, employers have a common
law duty to provide their workers with a workplace that is not unreasonably
dangerous.
Smoking is a potential cause of fires; cigarette and cigar burns and ash stains
on merchandise and fixtures causes economic damage to businesses.
The smoking of tobacco, hookahs, or marijuana and the use of electronic
cigarettes are forms of air pollution and constitute both a danger to health
and a material public nuisance; and
Whereas, this Council finds and declares that the purposes of this ordinance
are (1) to protect the public health and welfare by prohibiting smoking in
public places and places of employment; and (2) to guarantee the right of
nonsmokers to breathe smokefree air, and to recognize that the need to breathe
smokefree air shall have priority over the desire to smoke.
IT IS HEREBY ORDAINED AS FOLLOWS:
Section 1.
Division 1 of Article I of Chapter 13 of the Columbus Code is hereby amended by
repealing the current Division 1 of Article I and replacing it with a new
Division 1 to read as follows:
?Sec. 13-01. Title
Division 1 of Article I of this Chapter shall be known as the Columbus, Georgia
Smokefree Air Ordinance of 2017.
Sec. 13-02. Definitions
The following words and phrases, whenever used in this Article, shall be
construed as defined in this Section:
A. "Bar" means any establishment licensed for the service and sale of alcoholic
beverages for consumption by guests on the premises which does not hold an
alcoholic beverage license under the category of restaurant or traditional
restaurant under Chapter 3 of this Code 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.
C. "Electronic Smoking Device" means any product containing or delivering
nicotine or any other substance intended for human consumption that can be used
by a person in any manner for the purpose of inhaling vapor or aerosol from the
product. The term includes any such device, whether manufactured, distributed,
marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or
under any other product name or descriptor.
D. "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.
E. "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.
F. "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.
G. "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.
H. "Hookah" means a water pipe and any associated products and devices which
are used to produce fumes, smoke, and/or vapor from the burning of material
including, but not limited to, tobacco, shisha, or other plant matter legal in
the State of Georgia.
I. "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.
J. "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 Columbus, Georgia grounds.
K. "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 organization has been
granted an exemption from the payment of federal income tax as a club under 26
U.S.C. Section 501.
L. "Public Event" means an event which is open to and may be attended by the
general public, including but not limited to, such events as concerts, fairs,
farmers' markets, festivals, parades, performances, and other exhibitions,
regardless of any fee or age requirement.
M. "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, gambling facilities, health care facilities, hotels and motels,
laundromats, parking structures, 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.
N. "Recreational Area" means any public or private area open to the public for
recreational purposes, whether or not any fee for admission is charged,
including but not limited to, amusement parks, athletic fields, beaches,
fairgrounds, gardens, golf courses, parks, plazas, skate parks, swimming pools,
trails, and zoos.
O. "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.
P. "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.
Q. "Shopping Mall" means an enclosed or unenclosed public walkway or hall area
that serves to connect retail or professional establishments.
R. "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, including hookahs and marijuana, whether
natural or synthetic, in any manner or in any form. "Smoking" also includes the
use of an electronic smoking device which creates an aerosol or 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.
S. "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 and ice rinks, and bowling alleys.
Sec. 13-03. Application of Article to Columbus, Georgia Facilities and Property
All enclosed areas, including buildings and vehicles owned, leased, or operated
by Columbus, Georgia as well as all outdoor property adjacent to such buildings
and under the control of Columbus, Georgia, shall be subject to the provisions
of this Article.
Sec. 13-04. Prohibition of Smoking in Enclosed Public Places
Smoking shall be prohibited in all enclosed public places within Columbus,
Georgia, including but not limited to, the following places:
A. Aquariums, 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.
C. Bars, except for those businesses which have installed air handling systems
pursuant to O.C.G.A. Section 31-12A-6 prior to January 1, 2017.
D. Bingo facilities.
E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
H. Elevators.
Gambling facilities.
J. Health care facilities.
K. Hotels and motels.
L. Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and other
multiple-unit residential facilities.
M. Parking structures.
N. Polling places.
O. Public transportation vehicles, including buses and taxicabs, under the
authority of Columbus, Georgia, or ticket, boarding, and waiting areas of
public transportation facilities, including bus, train, and airport facilities.
P. Restaurants, except for: (1) the segregated smoking section of those
businesses which have installed air handling systems pursuant to O.C.G.A.
Section 31-12A-6 prior to January 1, 2017; or (2) those businesses which
generate more than 50 percent food sales of total retail sales and furnish
single or multi-stemmed instruments for vaporizing and smoking flavored tobacco
or material legal for sale in the State of Georgia, whether known as a hookah
or similar device.
Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
R. Retail stores, except for retail tobacco stores as defined in O.C.G.A.
Section 31-12A-2 and retail stores which sell products for use in electronic
smoking devices which create an aerosol or vapor; provided, however, that no
secondhand smoke from such stores shall infiltrate into areas where smoking is
prohibited under the provisions of this article.
S. Rooms, chambers, places of meeting or public assembly, including school
buildings, under the control of an agency, board, commission, committee or
council of Columbus, Georgia or a political subdivision of the State, to the
extent the place is subject to the jurisdiction of Columbus, Georgia.
T. Service lines.
U. Shopping malls.
V. Sports arenas, including enclosed places in outdoor arenas.
W. Theaters and other facilities primarily used for exhibiting motion pictures,
stage dramas, lectures, musical recitals, or other similar performances.
Sec. 13-05. Prohibition of Smokinq 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. 13-06. Prohibition of Smokinq in Private Clubs
Smoking shall be prohibited in all private clubs, except those private clubs
which had designated smoking areas established prior to January 1, 2017.
Sec. 13-07. Prohibition of Smokinq in Enclosed Residential Facilities
Smoking shall be prohibited in the following enclosed residential facilities:
A. All private and semi-private rooms in nursing homes.
B. All hotel and motel guest rooms.
Sec. 13-08. Prohibition of Smoking in Outdoor Public Places
Smoking shall be prohibited in the following outdoor places:
A. Within a distance of 25 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 Columbus, Georgia that is under the control of Columbus, Georgia.
C. In, and within 25 feet of, outdoor seating or serving areas of restaurants
and bars.
D. In outdoor shopping malls, including parking structures.
E. In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be
prohibited in, and within 25 feet of, bleachers and grandstands for use by
spectators at sporting and other public events.
F. In outdoor recreational areas, including parking lots.
G. In, and within 25 feet of, all outdoor playgrounds.
H. In, and within 25 feet of, all outdoor public events.
I. In, and within 25 feet of, all outdoor public transportation stations,
platforms, and shelters under the authority of Columbus, Georgia.
J. 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,
parking lot attendants, and toll takers. In lines in which service is obtained
by persons in vehicles, smoking is prohibited by both pedestrians and persons
in vehicles, but only within 25 feet of the point of service.
K. In outdoor common areas of apartment buildings, condominiums, trailer parks,
retirement facilities, nursing homes, and other multiple-unit residential
facilities, except in designated smoking areas, not to exceed twenty-five
percent (25%) of the total outdoor common area, which must be located at least
25 feet outside entrances, operable windows, and ventilation systems of
enclosed areas where smoking is prohibited.
Sec. 13-09. 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, and 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. 13-10. 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. 13-11. Declaration of Establishment or Outdoor Area as Nonsmokinq
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 13-12(A) is posted.
Sec. 13-12. Postinq of Signs and Removal of Ashtrays
The owner, operator, manager, or other person in control of a place of
employment, public place, private club, or residential facility 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 or, in the case of outdoor places, clearly
and conspicuously post "No Smoking" signs in appropriate locations as
determined by the Columbus Department of Public Health or an authorized
designee.
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. 13-13. 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
13-15, violation of this Subsection shall be a misdemeanor, punishable by a
fine not to exceed $1,000 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. 13-14. Enforcement
A. This Article shall be enforced by any enforcement officer of the Columbus
Department of Public Health, any Columbus, Georgia Special Enforcement Officer,
or any sworn law enforcement officer.
B. Notice of the provisions of this Article shall be given to all applicants
for a business license in Columbus, Georgia.
C. Any citizen who desires to register a complaint under this Article may
initiate enforcement with the CCG Citizen Service Center, the Columbus
Department of Public Health or any sworn law enforcement officer.
D. The Columbus Department of Public Health, Columbus Fire and Emergency
Medical Services, 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 or turn off 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, 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. 13-15. 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 a violation, punishable by a fine not
exceeding fifty dollars ($50).
B. Except as otherwise provided in Section 13-13(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
a violation, punishable by:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation
within one (1) year.
3. 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 Columbus Department of Public Health by restraining order,
preliminary and permanent injunction, or other means provided for by law, and
the Columbus Department of Public Health may take action to recover the costs
of the nuisance abatement.
E. Each day on which a violation of this Article occurs shall be considered a
separate and distinct violation.
Sec. 13-16. Public Education
The Columbus Department of Public Health 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. 13-17. Other Applicable Laws
This Article shall not be interpreted or construed to permit smoking where it
is otherwise restricted by other applicable laws.
Sec. 13-18. Liberal Construction
This Article shall be liberally construed so as to further its purposes.
Sec. 13-19. 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. 10-20. Effective Date
This Article shall be effective July 1, 2017."
Section 2.
All ordinances and parts of ordinances in conflict with this ordinance
are hereby repealed.
-------------------
Introduced at a regular meeting of the Council of Columbus, Georgia
held on the 14th day of March, 2017; introduced a second time at a regular
meeting of said Council held on the _____ day of _____ , 2017 and
adopted at said meeting by the affirmative vote of ____ members of said
Council.
Councilor Allen voting__________.
Councilor Baker voting__________.
Councilor Barnes voting_________.
Councilor Davis voting__________.
Councilor Garrett voting________.
Councilor Henderson voting______.
Councilor Huff voting___________.
Councilor Thomas voting_________.
Councilor Pugh voting___________.
Councilor Woodson voting________.
______________________________ ___________________________
Tiny B. Washington Teresa Pike Tomlinson
Clerk of Council Mayor
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