HomeMy WebLinkAbout3127 Smoking Ban
ORDINANCE NO.3 -7
AN ORDINANCE CREATING AMC CHAPTER 9.30 TO PROHIBIT
SMOKING IN PLACES OF EMPLOYMENT, IN ENCLOSED AREAS
OPEN TO THE PUBLIC, AND IN DOWNTOWN ASHLAND
Annotated to show deletions and additions made by amendment at first reading. Deletions are
lined thFough and additions are underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the exposure to secondhand smoke is known to cause cancer and other chronic
diseases such as heart disease, asthma and bronchitis.
WHEREAS, reducing exposure to smoke on public property with concentrated pedestrian
activity, in enclosed areas open to the public, and in places of employment in the City of Ashland
would benefit the well-being of its citizens.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.30 is hereby added to read as follows:
9.30.010 Definitions
The following words and phrases whenever used in this chapter shall be construed as
defined in this section.
A. "Cigar bar" has the meaning provided in ORS 433.835(1).
B. "Downtown" has the meaning provided in AMC 10.120.010(B)(1).
C. "Enclosed area" means all space between a floor and a ceiling that is enclosed on two
or more sides by permanent or temporary walls or windows, exclusive of doors,
passageways or gaps. If no ceiling is present, "enclosed area" means all space that is
included by three or more sides by permanent or temporary walls or windows,
exclusive of doors, passageways or gaps.
D. "Inhalant" means nicotine, a cannabinoid or any other substance that is in a form
that allows the nicotine, cannabinoid or substance to be delivered into a person's
respiratory system by inhalation and is not approved by, or emitted by a device
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approved by, the United States Food and Drug Administration for a therapeutic
purpose.
E. "Inhalant delivery system" means a device that can be used to deliver nicotine or
cannabinoids in the form of a vapor or aerosol to a person inhaling from the device.
F. "Place of employment" means every enclosed area under the control of a public or
private employer that employees frequent during the course of employment, including
but not limited to work areas, employee lounges, vehicles that are operated in the
course of an employer's business that are not operated exclusively by one employee, rest
rooms, conference rooms, classrooms, cafeterias, hallways, meeting rooms, elevators
and stairways. "Place of employment" includes privately-owned and publicly-owned
enclosed areas where volunteers perform work typically done by employees. "Place of
employment" does not include a private residence unless it is used as a child care
facility as defined in ORS or a facility providing adult day care as defined in ORS
410.490.
G. "Plaza" means the area bounded by and including East Main Street, North Main
Street, and Winburn Way.
H. "Smoke shop" means a business that is certified with the authority as a smoke shop
pursuant to the rules adopted under ORS 433.847.
1. "Smoking instrument" means any cigar, cigarette, pipe or other instrument or
inhalant delivery system used to smoke tobacco, marijuana or any other inhalant.
9.30.020 Smoking Prohibited
A. Except as allowed in AMC 9.30.040, a person may not smoke, aerosolize or vaporize
an inhalant or carry a lighted smoking instrument in a place of employment, in an
enclosed area open to the public, on any sidewalk or on any public or private property
within ten (10) feet of a sidewalk in Downtown Ashland, on the City property
commonly referred to as the Theater Corridor Walkway (Assessor's Map no.
39lE09BC, Tax Lot 901), except for that portion of the property controlled by leasehold
right of the Oregon Shakespeare Festival (commonly known as the Thomas Theater),on
the sidewalk on North Main Street between Granite Street and the Plaza, on sidewalks
on Winburn Way abutting Lithia Park, in the public walkway between 150 and 166
East Main, on the Plaza, or on the area at the corner of East Main Street and South
Pioneer Street known as Chautauqua Square.
B. A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted
smoking instrument within 10 feet of the following parts of places of employment or
enclosed areas open to the public:
1) Entrances;
2) Exits;
3) Windows that open; and
4) Ventilation intakes that serve an enclosed area.
5) Outdoor dining
C. A person may not smoke or carry any lighted smoking instrument in a room during
the time that jurors are required to use the room.
9.30.030 Smoke Free Place of Employment
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A. An employer shall provide a place of employment that is free of tobacco smoke for
all employees.
B. Except in those places described in AMC 9.30.040A to E, an employer shall post
signs that provide notice of the provisions of ORS 433.835 to 433.875.
9.30.040 Exemptions from Smoking Prohibition
A. The owner or person in charge of a hotel or motel may designate up to 25 percent of
the sleeping rooms of the hotel or motel as rooms in which smoking is permitted.
B. Smoking of noncommercial tobacco products for ceremonial purposes is permitted in
spaces designated for traditional ceremonies in accordance with the American Indian
Religious Freedom Act, 42 U.S.C. 1996.
C. Smoking is permitted in a smoke shop.
D. Smoking is permitted in a cigar bar that generated on-site retail sales of cigars of at
least $5,000 for the calendar year ending December 31, 2006.
E. A performer may smoke or carry a lighted smoking instrument that does not contain
tobacco while performing in a scripted stage, motion picture or television production if:
1) The production is produced by an organization whose primary purpose is
producing scripted productions; and
2) Smoking is an integral part of the production.
F. A business or PFOpeFty owneF in Downtown Ashland may apply annually for- an
exemption to the PFOViSiORS of AMC 930.020A subjeet to the following:
1) An application for- an exemption must be made on a form approved by the City
2) The exemption may be granted only to those businesses and properties lieensed to
serve aleoholie bever-ages by the Oregon Liquor Control C
3) The exemption shall be for a period of one year- and may be renewed UPOR Fee-
4) The exemption shall apply only between the hours of 8 p.m. and 2 a.m.
5) The exemption shall not mitigate or- otherwise alter the smoldag pr-ohibition-mi
AMC 9.30.0209.
6) An exempted bu i r-opef4y must provide and maintain a eigar-ette
design approved by the City Administrator-.
7) An exempted b i property must pr-ovide signage inside the business oF
PFOpeFty advising that smoking is prohibited in downtown Ashland, but is
permitted in front of the busi -oper-ty, eonsistent with all other- provisions of
the Ashland Munieipal Code-.
9.30.050 Penalties for Violation
Violations of this chapter are Class IV violations as described in AMC 1.08.
SECTION 2. Savings. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
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situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in ac rdance with Article X,
40 ,7
Section 2(C) of the City Charter on the day of , 2016,
and du PASSED and ADOPTED this ~_3- day of , 2016.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this~/_ day of , 2016.
J Stro~nberg, Mayor
Reviewed'as to form:
David H. Lohman, ity Attorney
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