HomeMy WebLinkAbout3146 Amending AMC Section 9.30.010 Smoking Prohibition
ORDINANCE NO.3N
AN ORDINANCE AMENDING AMC SECTION 9.30.010
TO CLARIFY THE LINEAR LIMITATION OF SMOKING PROHIBITION
Annotated to show d°'~~Tand additions to the code sections being modified. Deletions are
bold Wed thFaugI and additions are bold 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.
WHEREAS, the prohibited smoking areas in AMC 9.30.020 are currently identified partly
by reference to the map of Downtown which is attached as Exhibit A to AMC
10.120.010.11.1 and which has proven to be challenging to explain and enforce due to lack of
specificity.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 9.30, Section 9.30.010 Definitions is hereby amended to read as follows:
9.30.010 Definitions
The following words and phrases whenever used in this chapter shall be construed as defined this
section:
A. "Cigar bar" has the meaning provided in ORS 433.835(1).
B. "Downtown" has the meaning provided in AMC 10. 120.01 n B i. means the area within
the boundary lines depicted in Exhibit A to AMC 10.120.010.13.1 plus the area within the
outer perimeter of the public right of way of any streets and sidewalk ad joining and
parallel to those boundary lines. To include the Pioneer Hall and Community Center tax
lots on Winburn Way between Granite Street and the Plaza in AMC 09.30.020A.
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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 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 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 deliver
system used to smoke tobacco, marijuana or any other inhalant.
j. "Within 20 feet oV means no eloser than 20 feet away &om a physieal featur-e speeified
in this ehapter, as measuFed horizontally and fewer- than eight feet above gr-ound level.
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 20 feet of a
sidewalk in Downtown Ashland, on the City property commonly referred to as the Theater
Corridor Walkway (Assessor's Map No. 391 E0913C, 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; on the area at the corner of East Main Street and South Pioneer
Street known as Chautauqua Square; or in the public parking lot at 130 N. Pioneer Street.
B. A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking
instrument within 20 feet of the following parts of places of employment or enclosed areas open
to the public:
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I . Entrances;
2. Exits;
3. Windows that open;
4. Ventilation intakes that serve an enclosed area; and
5. Outdoor dining areas.
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
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 9.30.040 A to E, an employer shall post signs that
provide notice of the provision of ORS 433.835 to 433.875.
9.30.040 Exemptions from Smoking Prohibition
A. The owner of person in charge of a hotel or motel may designate up 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.
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
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.
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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 accordance with Article X,
Section 2(C) of the City Charter on the 114"" day of OpW-v- " , 2017,
and duly PASSED and ADOPTED this V` day of N dwe r ~ , 2017.
J ~
Melissa Huhtala, City Recorder
SIGNED and APPROVED this4~ day of j\1pwc~ 2017.
Stro erg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
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