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Home My WebLink About10174-12 Amend Code Ch 14 Art. 10 Smoking RegulationsORDINANCE No. +0+74- +2 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: July 23, 2012 Presented by me to the Mayor of the City of South Bend, Indiana Approved and signed by me July 24, 7 vl Y zs 12 20 City Clerk President of Common Council 20 t2 City Clerk Mayer Bill No. 2 �— (2- Ordinance "No. t O L � `{ —( 2- 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 SOUTH BEND 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. Smoking Regulations. Sec. 14 -60 Definitions. All definitions set forth in Indiana Code § 7.1 -5 -12 related to "Prohibition on Smoking" shall govern. Sec. 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 ". Smoking Regulation Ordinance Page 2 (b) All public locations and places of employment which prohibit smoking must post signs given notice of such prohibition which are compliant with the governing Indiana state law. See. 14 -62 Penalties. (a) Anyone violating any of the provisions of this Article shall be subject to the following penalties: (1) Citations: For the first violation in a calendar year, a citation shall be issued imposing a fine of two hundred fifty dollars ($250.00). For all subsequent violations, a citation shall be issued imposing a fine of five hundred dollars ($500.00). (2) Civil Action: In addition to the issuance of citation(s), the City Attorney's Office is authorized to bring civil action against any alleged violator of this Article for all unpaid fines, and any and all expenses incurred by the City to enforce the provisions of this Article to seek compliance from the alleged violator. (b) Each violation of this Article shall constitute a separate offense. Section II. If any part, subsection, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal publication. 1 Council Member David Varner 5t' District Council Member wit hn orde, City Clerk Smoking Regulation Ordinance Page 3 65reseniecC by me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the VM- day of 2012, at L D , O�- o'clock a . m. Janice alboom, Deputy Clerk 41�rroved- and -si ynecC by me on the 15' day of TO i , 2012, at 3 6 o'clock f- M. Pete Butti Mayor of the City of South Bend, Indiana Filed in Cl I ,t READING ?U;LIC HEARING 1 —Z,3 L rd READING --7 NOT APPROVED REFERRED PASSED .. 1-3--t TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 21 -12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 14 BY THE INCLUSION OF NEW ARTICLE 10 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SMOKING REGULATIONS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole 013T �! City of South Bend �r PRACF.�i Common Council x 1865- 441 County -City Building . 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 Derek D. Dieter President Oliver J. Davis Vice - President Karen L. White Chairperson, Committee of the Whole Tim Scott First District Henry Davis, Jr. Second District Valerie Schey Third District Fred Ferlic Fourth District David Varner Fifth District Oliver J. Davis Sixth District Derek D. Dieter At Large Gavin Ferlic At Large Karen L. White At Large June 6, 2012 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Proposed Smoking Regulations Dear Council Members: (574) 235 -9321 Fax (574) 235 -9173 http://www.southbendin.gov Indiana's new state law on smoking takes effect on July 1, 2012. I have attached a 2 -page summary in a Q & A format which is posted on the State of Indiana's Alcohol and Tobacco Commission website, which provides a good summary of these new provisions. The attached ordinance would require signage to be posted at the entrance of all facilities open to the public. In this way, any person has notice, before entering, whether smoking is permitted or whether it is prohibited. By passing this ordinance, it would give greater opportunity to collaborate with the County Health Department, and also see how the new state law is working. We all have concerns about protecting individuals from secondhand smoke. With these additional notice provisions, persons have the right to select the venues they wish to patronize. I believe that the Council should have options and alternatives, and the attachment presents one for your consideration.. Thank you. sincerely, Dr. David Varner 5th District Council Member Attachment