Ballwin |
Code of Ordinances |
Chapter 17. OFFENSES AND MISCELLANEOUS PROVISIONS |
Article III. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY |
Division 1. GENERALLY |
§ 17-65. Ballwin clean air act.
(a)
Prohibition of smoking in indoor areas and sports arenas. Smoking shall be prohibited in all indoor areas and sports arenas within the city, including, but not limited to the following places:
(1)
Aquariums, galleries, libraries, and museums;
(2)
Areas available to and customarily used by the general public in business and non-profit entities patronized by the public, including but not limited to professional offices, banks, and laundromats;
(3)
Bars;
(4)
Bingo facilities;
(5)
All public and private colleges, universities, and other educational and vocational institutions;
(6)
Elevators;
(7)
Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital, or other similar performance;
(8)
Health care facilities, including health care clinics, doctor's offices or other health care related facilities;
(9)
Licensed child care and adult day care facilities;
(10)
Polling places;
(11)
All enclosed facilities, including buildings and vehicles owned, leased or operated by the city, shall be subject to the provisions of this section;
(12)
Restaurants and food service establishments;
(13)
Restrooms, lobbies, reception areas, hallways, and other common use areas;
(14)
Retail stores;
(15)
Rooms, chambers, places of meeting or public assembly under the control of the agency, board, commission, committee or council of the city when a public meeting is in progress.
(b)
Prohibition of smoking in place of employment. Smoking shall be prohibited in all enclosed facilities within places of employment without exception. This includes common work areas, auditoriums, bars, restaurants, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities.
This prohibition on smoking shall be communicated to all existing employees by the effective date of this section and to all prospective employees upon their application for employment.
(c)
Exceptions. The following areas shall be exempt from the provisions of this section:
(1)
Private homes, private residences and private vehicles;
(2)
a.
Membership associations that were in existence and in operation on November 30, 2004; provided, however, that smoking shall only be allowed in membership associations in which all of the duties with respect to the operation of such association, including, but not limited to the preparation of food and beverages, the service of food and beverages, reception and secretarial work of the membership association are performed by members of such membership association who are at least 18 years of age and who do not receive compensation of any kind from the membership association or any other entity for the performance of such duties. In addition, the membership association shall not allow any person under the age of 18 years of age to be present on the membership association premises at any time when smoking is permitted.
b.
Membership associations may retain and utilize non-members for professional services such as accounting and legal services and other services that are not generally within the scope of the day-to-day operation of the membership associations.
(d)
Declaration of establishments as nonsmoking. Notwithstanding any other provision of this section, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that an 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 this section is posted.
(e)
Posting of signs.
(1)
"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) shall be clearly and conspicuously posted in every public place of employment where smoking is prohibited by this section, by the owner, operator, manager, or other person in control of that place.
(2)
Every public place and place of employment where smoking is prohibited by this section shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
(3)
All ashtrays and other smoking paraphernalia shall be removed from any premises where smoking is prohibited by this section by the owner, operator, manager, or other person having control of the area.
(f)
Retaliation. No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this section, or reports or attempts to prosecute a violation of this section.
(g)
Enforcement.
(1)
This section shall be enforced by Ballwin police officers, code enforcement inspectors, or by an authorized designee of the city administrator, and shall henceforth be referred to as the "enforcement officer".
(2)
Notice of the provisions of this section shall be given to all applicants for a business license in the city.
(3)
Any citizen may initiate a complaint by notice to an enforcement officer.
(4)
Any employee who desires to register a complaint under this section may initiate enforcement with the enforcement officer without fear of retaliation.
(5)
An owner, manager, operator, or employee of an establishment regulated by this section shall inform persons violating this section of the appropriate provisions thereof.
(h)
Violation and penalties.
(1)
A person who smokes in an area where smoking is prohibited by the provisions of this section shall be guilty of an infraction, punishable by a penalty of $100.00 for a first violation, and $250.00 for each subsequent violation.
(2)
A person who owns, manages, operates, or otherwise controls a public place or place of employment who fails to comply with the provisions of this section shall be guilty of an infraction, punishable by:
a.
A penalty of $250.00 for a first violation;
b.
A penalty of $500.00 for each additional violation.
(3)
Each day on which a violation of this section occurs shall be considered a separate and distinct violation.
(i)
Effective date.
(1)
This section shall be become effective, 60 days from and after the date of its passage and approval, and smoking will not be permitted for all places of employment, with the exception of bars and food service establishments that were licensed to serve alcoholic beverages for consumption by the drink on or before December 1, 2004.
(2)
Smoking will not be permitted in all bars and food service establishments that were licensed to serve alcoholic beverages for consumption by the drink on or before December 1, 2004, effective January 2, 2006.
(3)
Smoking will not be permitted for all places of employment, including bars and food service establishments that were licensed to serve alcoholic beverages for consumption by the drink on or after December 1, 2004, and this section shall be become effective, 60 days from and after the date of its passage and approval.
(Ord. No. 17-03, § 1, 2-13-17)