Clean Air_Air Pollution Control_Ordinance No. 10429-16

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Smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses. (“The high price of cigarette smoking," Business & Health 15(8), Supplement A: 6-9, August 1997.) The smoking of tobacco, hookah, marijuana, and the use of electronic cigarettes are forms of air pollution, a positive danger to health, and a material public nuisance. Indiana Code 7.1-5-12-13(a) authorizes a city to adopt an ordinance that is more restrictive than Indiana State Law: “This chapter does not prohibit a county, city, town, or other governmental unit from adopting an ordinance more restrictive than this chapter.” Accordingly, the Common Council of the City of South Bend, Indiana, 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 smoke free air, and to recognize that the need to breathe smoke free air shall have priority over the desire to smoke. This ordinance is believed to be in the best interests of the public health and welfare of the City of South Bend, Indiana. Now, Therefore, be it Ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 14 of the South Bend Municipal Code shall be amended to include new Article 13 which shall read in its entirety as follows: ARTICLE 13. SMOKE FREE AIR REGULATIONS FOR WORKPLACES AND PUBLIC PLACES.1 Sec. 14-123. Definitions. The following words and phrases, whenever used in this Article, shall be construed as defined in this Section: (a) “Ashtray” means any receptacle that is used for disposing of smoking materials, including, but not limited to ash and filters.2 (b) “Bar” means an establishment used primarily for the sale of alcoholic beverages for consumption by patrons on the premises and which holds a retailer’s permit under the laws of the State of Indiana. The terms includes, but is not limited to, taverns, nightclubs, and cocktail lounges. Smoke Free Air Ordinance Page 6 1 Indiana Code § 7.1-5-12-13 entitled “Local Ordinances” authorizes a city to pass ordinances which may be more restrictive than state statutes addressing the “prohibition of smoking”. 2 Indiana Code § 7.1-5-12-0.5 addresses “Ashtray defined.”