07-09-12 Council Agenda & Packet

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Bill No. Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTHBEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS STATEMENT OF PURPOSE AND INTENT On July 1, 2012, Indiana's new state law takes affect which prohibits smoking in most public places and places of employment. These regulations exempt private clubs, retail tobacco shops, bars and casinos; but permits cities, towns and counties to pass ordinances which may be more restrictive than the new state law. On September 12, 2006, St. Joseph County Council passed Ordinance No. 92-06 which updated prior ordinances addressing smoking regulations. This ordinance prohibits smoking in all public places in St. Joseph County, unless specifically exempted. The St. Joseph County Health Department is charged with enforcement. Fines which are collected are deposited into a non-reverting fund in the budget of the St. Joseph County Health Department dedicated to enforcement and educational programs about the purposes and requirements of these regulations. This ordinance would require any entity exempted by the new Indiana state law to properly post by the entrance to such facility whether they permit or prohibit smoking. In this way, notice is given to the public prior to entering and each person has the Opportunity to decide whether to enter or not. This ordinance is believed to be in the best interest of South Bend. Section I. Chapter 14, Article 10 of the South Bend Municipal Code is created to read in its entirety as follows: Article 10. Smokin g Regulations. See. 14-60 Definitions. All definitions set forth in Indiana Code § 7.1-5-12 related to "Prohibition on Smoking" shall govern. See. 14-61 Signage Required. (a) All locations which are exempted from the State of Indiana's "Prohibition on Smoking" which are located in the City of South Bend shall be required to post at all public entrances to such locations a sign which reads "WARNING: Smoking is Permitted in this Establishment"printed in blue and contain the Indiana Alcohol & Tobacco Commission no smoking logo symbol printed in red on a white background with such signs printed on a minimum size of 8"x 10".