HomeMy WebLinkAboutBill 11-16 Smoke Free Air StandardsFax: 574.235.9173
March 9, 2016
MACM
The South Bend Common Council
41 Floor County -City Building.
227 West Jefferson Boulevard
South Bend, Indiana 46601 -1830
274.235.9321
The South Bend Common Council
4d' Floor County -City Building
South Bend, Indiana 46601
Re: Proposed Smoke Free Air Standards for Workplaces/Public Places
Dear Council Members:
TDD: 574.235.5567
We are introducing the attached proposed ordinance which would establish smoke free air standards for
workplaces and public places in the City of South Bend. The Indiana General Assembly granted local
governments the authority to enact such local regulations in Public Law 141 -2012, which has been in
effect since July 1, 2012.
We request that this proposed ordinance be referred to the Council's Health and Public Safety Committee,
so that meaningful discussions may take place on regulations aimed at protecting the public health and
safety in workplaces and public places throughout ouriMrampnity. Thank you.
Most sincerely,
Gavin Ferlic
Council Member at Large
; I ;;r ,
Jo Broden
4a' District Council Member
Attachment
Randy Kelly
Yd District Council Member
John Voorde
Council Member at g'Red in cierk'S Office
MAR �'
f
C1T 1=KAREE14 1
114, St u`% D, IN
?pUTll
G wur a
The South Bend Common Council
4th Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601 -1830
Fax: 574.235.9173 274.235.9321
March 24, 2016
The South Bend Common Council
4th Floor County -City Building
South Bend, Indiana 46601
TDD: 574.235.5567
Re: Substitute Bill No. 11 -16 Proposed Smoke Free Air Standards for Workplaces/Public Places
Dear Council Members:
We are filing a substitute version of the proposed ordinance which would establish smoke free air
standards for workplaces and public places in the City of South Bend. The limited changes are located on
pages 5, 10, 12, with all other provisions being identical to those when filed on March 9, 2016 with the
Office of the City Clerk.
We look forward to discussing this Bill with you at the Council's Health and Public Safety Committee
and next week's Council meeting. These regulations med at protecting the public health and safety
in workplaces and public places throughout our comm ity. you.
Most sincerely,
Gavin Ferlic
Council Member at Large
Jo Broden
4th District Council Member
Attachment
tqq�zl
Randy Kelly
Yd District Council Member
John Voorde
Council Member at Large
Filed in Cift pace
MAR 2.4 2016
KAREEMAH FOWLER
CRY CLERK, SOUTH gEND, IN
4�ou aeEY
G
The South Bend Common Council
41 Floor County -City Building
227 West Jefferson Boulevard
South Bend, Indiana 46601 -1830
Fax: 574.235.9173 274.235.9321 TDD: 574.235.5567
March 29, 2016
The South Bend Common Council
4"' Floor County -City Building
South Bend, Indiana 46601
Re: 2nd Substitute Bill No. 11 -16 Smoke Free Air Standards for Workplaces /Public Places
Dear Council Members:
The attached 2nd Substitute Bill 11 -16 makes one change to in Section IV. The effective date is now
proposed to be changed from August 1, 2016 to January 2, 2017.
All other provisions of the proposed ordinance which is on file in the Office of the City Clerk remain
the same.
We seek your support. Thank you.
Most sincerely,
Gavin Ferlic
Council Member at Large
'V A / &4e ,
Jo Broden
0 District Council Member
Attachment
. tgzzz�z I
Randy Kelly
3`d District Council Member
John Voorde
Council Member at Large
Filed in Clerk's Office
MAR 2 9 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND. IN
2ND SUBSTITUTE BILL NO. 11-16
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE SOUTH BEND COMMON
COUNCIL AMENDING CHAPTER 14 OF THE SOUTH BEND MUNICIPAL CODE BY
ESTABLISHING NEW ARTICLE 13 ENTITLED SMOKE FREE AIR REGULATIONS
FOR WORKPLACES AND PUBLIC PLACES
STATEMENT OF PURPOSE AND INTENT
The 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to
Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death
in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased
risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections, and asthma
attacks, and that smoking by parents causes respiratory symptoms and slows lung growth in their
children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the
cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk -free level
of exposure to secondhand smoke; (5) establishing smoke free workplaces is the only effective way to
ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other
air cleaning technologies cannot completely control for exposure of nonsmokers to secondhand smoke;
and (6) evidence from peer- reviewed studies shows that smoke free policies and laws do not have an
adverse economic impact on the hospitality industry. (U.S. Department of Health and Human Services. The Health
Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. U.S.. Department of Health and
Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, 2006.)
According to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke Causes Disease,
even occasional exposure to secondhand smoke is harmful and low levels of exposure to secondhand
tobacco smoke lead to a rapid and sharp increase in dysfunction and inflammation of the lining of the
blood vessels, which are implicated in heart attacks and stroke. (U.S. Department of Health and Human Services,
How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking - Attributable Disease: A Report of the
Surgeon General. Atlanta, GA: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention,
National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2010.)
Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,
and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of
disease in healthy nonsmokers, including heart disease, stroke; respiratory disease, and lung cancer.. The
National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths
of approximately 53,000 Americans annually. (National Cancer Institute (NCI), "Health effects of exposure to
environmental tobacco smoke: the report of the California Environmental Protection Agency. Smoking and Tobacco Control
Monograph 10," Bethesda, MD; National Institutes of Health, National Cancer Institute (NCI), August 1999.)
The Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke
as a known carcinogen. (Environmental Health Information Service (EHIS), "Environmental tobacco smoke: first listed
in the Ninth Report on Carcinogens," U.S. Department of Health and Human Services (DHHS), Public Health Service, NTP,
2000; reaffirmed by the NTP in subsequent reports on carcinogens, 2003, 2005' )
Smoke Free Air Ordinance
Page 2
There is indisputable evidence that implementing 100% smoke -free environments is the only
effective way to protect the population from the harmful effects of exposure to secondhand smoke.
(World Health Organization (WHO), "Protection from exposure to secondhand smoke: policy recommendations," World
Health Organization (WHO), 2007.)
In reviewing 11 studies concluding that communities see an immediate reduction in heart attack
admissions after the implementation of comprehensive smoke free laws, the Institute of Medicine of the
National Academies concluded that data consistently demonstrate that secondhand smoke exposure
increases the risk of coronary heart disease and heart attacks and that smoke free laws reduce heart
attacks. (Institute of Medicine (IOM) of the National Academies, Board on Population Health and Public Health Practice,
Committee on Secondhand Smoke Exposure and Acute Coronary Events, "Secondhand smoke exposure and cardiovascular
effects: making sense of the evidence," Washington, DC: National Academies Press, October 2009.)
A significant amount of secondhand smoke exposure occurs in the workplace. Employees who
work in smoke -filled businesses suffer a 25 -50% higher risk of heart attack and higher rates of death
from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable
decrease in lung function. (Pitsavos, C.; Panagiotakos, D.B.; Chrysohoou, C.; Skoumas, J.; Tzioumis, K.; Stefanadis, C.;
Toutouzas, P., "Association between exposure to environmental tobacco smoke and the development of acute coronary
syndromes: the CARDI02000 case - control study," Tobacco Control 11(3): 220 -225, September 2002.)
Studies measuring cotinine (metabolized nicotine) and NNAL (metabolized nitrosamine NNK, a
tobacco- specific carcinogen linked to lung cancer) in hospitality workers find dramatic reductions in the
levels of these biomarkers after a smoke free law takes effect. Average cotinine levels of New York City
restaurant and bar workers decreased by 85% after the city's smoke free law went into effect. ([In.a.], "The
State of Smoke -Free New York City: A One Year Review," New York City Department of Finance, New York City
Department of Health & Mental Hygiene, New York City Department of Small Business Services, New York City Economic
Development Corporation, March 2004).
After the implementation of Ontario, Canada's Smoke free Indoor Air Law, levels of NNAL
were reduced by 52% in nonsmoking casino employees and cotinine levels fell by 98 %. (Geoffrey T. Fong,
et. al., "The Impact of the Smoke -Free Ontario Act on Air Quality and Biomarkers of Exposure in Casinos: A Quasi -
Experimental Study," Ontario Tobacco Control Conference, Niagara Falls, Ontario, December 2, 2006.)
Following a Health Hazard Evaluation of Las Vegas casino employees' secondhand smoke
exposure in the workplace, which included indoor air quality tests and biomarker assessments, the
National Institute of Occupational Safety & Health ( NIOSH) concluded that the casino employees are
exposed to dangerous levels of secondhand smoke at work and that their bodies absorb high levels of
tobacco- specific chemicals NNK and cotinine during work shifts. NIOSH also concluded that the "best
means of eliminating workplace exposure to [secondhand smoke] is to ban all smoking in the casinos."
(Health hazard evaluation report: environmental and biological assessment of environmental tobacco smoke exposure among
casino dealers, Las Vegas, NV. By Achutan C, West C, Mueller C, Boudreau Y, Mead K. Cincinnati, OH: U.S. Department
of Health and Human Services, Centers for Disease Control and Prevention, National Institute for Occupational Safety and
Health, NIOSH HETA No. 2005 -0076 and 2005- 0201 -3080, May 2009.)
Smoke Free Air Ordinance
Page 3
Secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular
disease, and individuals with impaired respiratory function, including asthmatics and those with
obstructive airway disease. (California Environmental Protection Agency (Cal EPA), "Health effects of exposure to
environmental tobacco smoke. ", Tobacco Control 6(4): 346 -353, Winter, 1997.) The Americans With Disabilities Act, which
requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a
disability. (Daynard, R.A., "Environmental tobacco smoke and the Americans with Disabilities Act," Nonsmokers' Voice
15(l):8-9.)
The U.S. Centers for Disease Control and Prevention has determined that the risk of acute
myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-
linear at low doses, increasing rapidly with relatively small doses such as those received from
secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at
increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor
environments that permit smoking. (Pechacek, Terry F. Babb, Stephen, "Commentary; How acute and reversible are
the cardiovascular risks of secondhand smoke ?" British Medical Journal 328: 980 -983, April 24, 2004.)
Given the fact that there is no safe level of exposure to secondhand smoke, the American Society
of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) bases its ventilation standards on
totally smokefree environments. ASHRAE has determined that there is currently no air filtration or other
ventilation technology that can completely eliminate all the carcinogenic components in secondhand
smoke and the health risks caused by secondhand smoke exposure, and recommends that indoor
environments be smokefree in their entirety. (Samet, J.; Bohanon, Jr., H.R.; Coultas, D.B. Houston, T.P.; Persily,
A.K.; Schoen, L.J.; Spengler, J.; Callaway, C.A., "ASHRAE position document on environmental tobacco smoke," American
Society of Heating, Refrigerating and Air- Conditioning Engineers (ASHRAE), 2005.)
During periods of active smoking, peak and average outdoor tobacco smoke (OTS) levels
measured in outdoor cafes and restaurant and bar patios near smoker's rival indoor tobacco smoke
concentrations. (Klepeis, N.; Ott, W.R.; Switzer, P., "Real -time measurement of outdoor tobacco smoke particles," Journal
of the Air & Waste Management Association 57: 522 - 534, 2007;)
Nonsmokers who spend six -hour periods in outdoor smoking sections of bars and restaurants
experience a significant increase in levels of cotinine when compared to the cotinine levels in a smoke
free outdoor area. (Hall; J.C.; Bernert, J.T.; Hall, D.B.; St Helen, G.; Kudon, L.H.; Naeher, L.P., "Assessment of exposure
to secondhand smoke at outdoor bars and family restaurants in Athens, Georgia, using salivary cotinine," Journal of
Occupational and Environmental Hygiene 6(11):698 -704, November 2009.)
Residual tobacco contamination, or "thirdhand smoke," from cigarettes, cigars, and other
tobacco products is left behind after smoking occurs and builds up on surfaces and furnishings. This
residue can linger in spaces long after smoking has ceased and continue to expose people to tobacco
toxins. Sticky, highly toxic particulate matter, including nicotine, can cling to walls and ceilings. Gases
can be absorbed into carpets, draperies, and other upholsteries, and then be reemitted (off - gassed) back
into the air and recombine to form harmful compounds. (Singer, B.C.; Hodgson, A.T.; Nazaroff, W.W., "Effect of
sorption on exposures to organic gases from environmental tobacco smoke (ETS)," Proceedings: Indoor Air 2002, 2002.)
Smoke Free Air Standards Ordinance
Page 4
Tobacco residue is noticeably present in dust throughout places where smoking has occurred.
(Matt, G.E.; Quintana, P.J.E.; Hovell, M.F.; Bemert, J.T.; Song, S.; Novianfi, N.; Juarez, T.; Floro, J.; Gehrman, C.; Garcia,
M.; Larson, S., "Households contaminated by environmental tobacco smoke: sources of infant exposures," Tobacco Control
13(1): 29 -37, March 2004.)
Given the rapid sorption and persistence of high levels of residual nicotine from tobacco smoke
on indoor surfaces, including clothing and human skin, this recently identified process represents an
unappreciated health hazard through dermal exposure, dust inhalation, and ingestion. (Sleiman, M.; Gundel,
L.A.; Pankow, J.F.; Jacob III, P.; Singer, B.C.; Destaillats, H., "Formation of carcinogens indoors by surface - mediated
reactions of nicotine with nitrous acid, leading to potential thirdhand smoke hazards," Proceedings of the National Academy
of Sciences of the United Sates of America (PNAS) 107(15): 6576 -6581, February 8, 2010.)
Unregulated high -tech smoking devices, commonly referred to as electronic cigarettes, or "e-
cigarettes," closely resemble and purposefully mimic the act of smoking by having users inhale
vaporized liquid nicotine created by heat through an electronic ignition system. After testing a number
of e- cigarettes from two leading manufacturers, the Food and Drug Administration (FDA) determined
that various samples tested contained not only nicotine but also detectable levels of known carcinogens
and toxic chemicals, including tobacco - specific nitrosamines and diethylene glycol, a toxic chemical
used in antifreeze. The FDA's testing also suggested that "quality control processes used to manufacture
these products are inconsistent or non - existent." ([n.a.l, "Summary of results: laboratory analysis of electronic
cigarettes conducted by FDA," Food and Drug Administration (FDA), July 22, 2009;
http:// www. fda. gov/ NewsEvents/ PublicHealthFocus /ucml73146.htm Accessed on. October 22, 2009.)
E- cigarettes produce a vapor of undetermined and potentially harmful substances, which may
appear similar to the smoke emitted by traditional tobacco products. Their use in workplaces and public
places where smoking of traditional tobacco products is prohibited creates concern and confusion and
leads to difficulties in enforcing the smoking prohibitions. During the Summer of 2015, the US Food
and Drug Administration held three (3) public workshops to obtain more detailed information on
electronic cigarettes and the public health. Currently only e- cigarettes that are marketed for therapeutic
purposes are currently regulated by the FDA Center for Drug Evaluation and Research (CDER). The
FDA has issued a proposed rule that would extend its authority to cover e- cigarettes, which is to be
acted upon in 2016.
The Society of Actuaries has determined that secondhand smoke costs the U.S. economy roughly
$10 billion a year: $5 billion in estimated medical costs associated with secondhand smoke exposure and
$4.6 billion in lost productivity. (Behan, D.F.; Eriksen, M.P.; Lin, Y., "Economic Effects of Environmental Tobacco
Smoke," Society of Actuaries, March 31, 2005.)
Numerous economic analyses examining restaurant and hotel receipts and controlling for
economic variables have shown either no difference or a positive economic impact after enactment of
laws requiring workplaces to be smoke free. Creation of smoke free workplaces is sound economic
policy and provides the maximum level of employee health and safety. (Glantz, S.A. & Smith, L., "The effect
of ordinances requiring smokefree restaurants on restaurant sales in the United States." American Journal of Public Health,
87:1687 -1693, 1997; Colman, R.; Urbonas, C.M., "The economic impact of smoke -free workplaces: an assessment for Nova
Scotia, prepared for Tobacco Control Unit, Nova Scotia Department of Health," GPI Atlantic, September 2001.)
Smoke Free Air Ordinance
Page 5
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.
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)
See. 14 -123. Defmitions.
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.'
(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.
'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 ".
'Indiana Code § 7.1- 5- 12 -0.5 addresses "Ashtray defined."
Smoke Free Air Ordinance
Page 6
(c) "Business" means a sole proprietorship, partnership, joint venture, corporation, or other
business entity, either for -profit or not - for - profit, including, but not limited to, retail establishments
where goods or services are provided to the public, and other entities where accounting, counseling,
legal, medical, dental, engineering, architectural, or other professional services are delivered.
(d) "Electronic Smoking Device" means any product containing or delivering nicotine or any
other substance intended for human consumption that can be used by a person to simulate smoking
through inhalation of vapor or aerosol from the product. The term includes any such device, whether
manufactured, distributed, marketed, or sold as an e- cigarette, e- cigar, a -pipe, e- hookah, or vape pen or
under any other product name or descriptor.
(e) "Employee" means a person who is employed by an employer in consideration for direct
or indirect monetary wages or profit, and a person who volunteers his or her services.
(f) "Employer" means a person, business, association, municipal corporation, trust, or
nonprofit entity that employs the services of one or more individual employees.
(g) "Enclosed Area" means all space between a floor and a ceiling that is bounded on at least
two sides by walls, doorways, or windows, whether open or closed. A wall includes any retractable
divider, garage door, or other physical barrier, whether temporary or permanent and whether or not
containing openings of any kind.
6) "Health Care Facility" means an office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, or psychological conditions, including but not
limited to, hospitals, rehabilitation hospitals, addiction treatment hospitals and facilities, weight control
clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons,
chiropractors, physical therapists, physicians, psychiatrists, dentists, and all specialists within these
professions. The term "Health Care Facility" shall include all waiting rooms, hallways, private rooms,
semiprivate rooms, and wards within healthcare facilities.
(k) "Hookah" means a water pipe and any associated products and devices which are used to
produce fumes, smoke, and/or vapor from the burning of material including, but not limited to, tobacco,
shisha, or other plant matter.
(1) "Place of Employment" means an area under the control of a public or private employer
including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting
rooms, classrooms, employee cafeterias, hallways, and vehicles.'
'Indiana Code § 7.1- 5 -12 -1 addresses "Place of employment defined" and specifically excludes private vehicles.
Smoke Free Air Ordinance
Page 7
(m) "Playground" means any park or recreational area designed in part to be used by children
that has play or sports equipment installed or that has been designated or landscaped for play or sports
activities, or any similar facility located on public or private school grounds or on South Bend grounds.
(n) "Private Club" means an organization, whether incorporated or not, which is the owner,
lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, which
is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose,
but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The
affairs and management of the organization are conducted by a board of directors, executive committee,
or similar body chosen by the members at an annual meeting. The organization has established bylaws
and/or a constitution to govern its activities. The organization has been granted an exemption from the
payment of federal income tax as a club under 26 U.S.C. Section 501.
(o) "Public Place" means an area to which the public is invited or in which the public is
permitted, including but not limited to, banks, bars, educational facilities, gaming facilities, health care
facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas,
restaurants, retail food production and marketing establishments, retail service establishments, retail
stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public
place" unless it is used as a childcare, adult day care, or health care facility.4
(p) "Restaurant" means an eating establishment, including but not limited to, coffee shops,
cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food
to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared
on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the
restaurant.
(r) "Service Line means an indoor or outdoor line in which one (1) or more persons are
waiting for or receiving service of any kind, whether or not the service involves the exchange of money,
including but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting
event lines.
(s) "Shopping Mall" means a public walkway or hall area that serves to connect retail or
professional establishments.
(t) "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar,
cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation,
including hookah and marijuana, in any manner or in any form. "Smoking" also includes the use of an e-
cigarette which creates a vapor, in any manner or in any form, or the use of any oral smoking device for
the purpose of circumventing the prohibition of smoking in this Article. s
'Indiana Code § 7.1- 5 -12 -2 addresses "Public place defined ".
s Indiana Code § 7.1- 5 -12 -3 addresses "Smoking defined ".
Smoke Free Air Ordinance
Page 8
(u) "Sports Arena" means a place where people assemble to engage in physical exercise,
participate in athletic competition, or witness sports or other events, including sports pavilions,
stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling
alleys.
Sec. 14 -124. Prohibition of Smoking.6
Except as provided in Section 14 -127, smoking shall be prohibited in all enclosed public places within
the City of South Bend including but not limited to, the following places: '
(a) Aquariums, galleries, libraries, and museums;
(b) Areas available to the general public in businesses and non -profit entities patronized by the
public, including but not limited to, banks, laundromats, professional offices, and retail
service establishments;
(c) Bars;
(d) Bingo facilities;
(e) Child care and adult day care facilities;
(f) Convention facilities;
(g) Educational facilities, both public and private;
(h) Elevators;
(i) Gaming facilities;
0) Health care facilities;
(k) Hotels and motels;
(1) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer
parks, retirement facilities, nursing homes, and other multiple -unit residential facilities;
(m) Polling places;
(n) Private clubs;
'Indiana Code § 7.1- 5 -12 -4 addresses "Smoking prohibited in public places, places of employment, and state vehicles ".
Smoke Free Air Ordinance
Page 9
(o) Public transportation vehicles, including buses and taxicabs, under the authority of the City
of South Bend, and ticket, boarding, and waiting areas of public transportation facilities,
including bus, train, and airport facilities;
(p) Restaurants;
(q) Restrooms, lobbies, reception areas, hallways, and other common -use areas;
(r) Retail stores
(s) Rooms, chambers, places of meeting or public assembly, including school buildings, under
the control of an agency, board, commission, committee or council of the City of South
Bend, Indiana or a political subdivision of the State, to the extent the place is subject to the
jurisdiction of the City of South Bend, Indiana;
(t) Service lines;
(u) Shopping malls;
(v) Sports arenas, including enclosed places and outdoor arenas;
(w) Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas,
lectures, musical recitals, or other similar performances;
(x) Tobacco Specialty Bars; and.
(y) Tobacco Retail Stores.
See. 14 -125. Prohibition of Smoking in Enclosed Places of Employment.
(a) Smoking shall be prohibited in all enclosed areas of places of employment without
exception. This includes, without limitation, common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee
lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
(b) The prohibition on smoking shall be communicated to all existing employees by the
effective date of this Article and to all prospective employees upon their application for employment.
Smoke Free Air Ordinance
Page 10
Sec. 14 -126. Reasonable Distance.?
Smoking shall be prohibited outdoors within a reasonable distance of fifteen feet (151) feet outside
entrances, open windows, and ventilation systems of enclosed areas where smoking is prohibited, so as
to prevent tobacco smoke from entering those areas.
Sec. 14 -127. Exemptions.
Notwithstanding the smoking prohibitions in Section 14 -124, smoking is permitted in the following
locations:
(a) Private residences, unless used as a licensed childcare, adult day care or health care facility.
(b) None of the areas set forth in this Section shall be exempt from the provisions of this Article
if smoke from any area enters, either directly or indirectly, through entrances, windows,
ventilation systems, or other means, where smoking is otherwise prohibited by this Article.
Sec. 14 -128. Prohibition of Smoking in Outdoor Public Places.
Smoking shall be prohibited in the following outdoor places:
(a) Outdoor seating areas of restaurants, bars, private clubs, and businesses except those seating
areas restricted to individuals over the age of 18 years of age;
(b) In all outdoor arenas, stadiums, and amphitheaters. Smoking shall also be prohibited in and
within fifteen feet (15') of bleachers and grandstands for use by spectators at sporting and
other public events;
(c) Within fifteen feet (15') of all outdoor playgrounds;
(d) Within fifteen feet (15') of all outdoor public transportation stations, platforms, and shelters
under the authority of the City of South Bend, Indiana; and
(e) In outdoor common areas of apartment buildings, condominiums, trailer parks, retirement
facilities, nursing homes, and other multi-unit residential facilities, except in designated
smoking areas, not to exceed twenty -five percent (25 %) of the total outdoor common area,
which must be located at least fifteen feet (15') outside entrances, operable windows, and
ventilation systems of enclosed areas where smoking is prohibited.
'Indiana Code § 7.1 -5 -124 sets forth a eight foot (8) distance requirement from a public entrance to a public place or place
of employment.
Smoke Free Air Ordinance
Page I 1
Sec. 14 -129. Removal of Smoking Paraphernalia and Signage Requirements.
(a) All ashtrays shall be removed from any area where smoking is prohibited by this Article by
the owner, operator, manager, or other person having control of the area.
(b) An owner, operator, manager, or official in charge of a public place or place of employment,
except vehicles, shall post conspicuous signs at each outdoor entrance that read "The City of
South Bend Prohibits Smoking Within 15 Feet of this Entrance ".
Sec. 14 -130. Declaration of Establishment as Nonsmoking.
Notwithstanding any other provision of this Article, an owner, operator, manager, or other person in
control of an establishment, facility, or outdoor area may declare that the entire establishment, facility;
or outdoor areas are a smoke free place.
See. 14 -131. -Non-Retaliation and Non - Waiver of Rights.8
(a) No person or employer shall discharge, refuse to hire, or in any manner retaliate against
an employee, applicant for employment, customer, or resident of a multiple -unit residential facility
because that employee, applicant, customer, or resident exercises any rights afforded by this Article or
reports or attempts to prosecute a violation of this Article. Notwithstanding Section 14 -133, violation of
this subsection shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each
violation.
(b) An employee who works in an outdoor area restricted to individuals over the age of 18
years of age where an employer allows smoking does not waive or otherwise surrender any legal rights
the employee may have against the employer or any other party.
Sec. 14 -132. Enforcement.
(a) The South Bend Department of Code Enforcement and South Bend Police Department shall
enforce this Article. Additionally, the St. Joseph County Health Department, the South Bend Fire
Department or their designees may, while an establishment is undergoing otherwise mandated
inspections, inspect for compliance with this Article.
(b) Notice of the provisions of this Article shall be given to all applicants for a business license
in the City of South Bend.
(c) Any citizen who desires to register a complaint under this Article may register it
with the Department of Code Enforcement.
I Indiana Code § 7.1- 5 -12 -11 addresses retaliation.
Smoke Free Air Ordinance
Page 12
(d) An owner, manager, operator, or employee of an establishment regulated by this Article,
shall inform person(s) in violation of the appropriate provisions thereof and shall ask those persons to
refrain from smoking. If the person does not stop smoking, the owner, manager, operator, or employee
shall refuse service and shall immediately ask the person to leave the premises. If the person in
violation refuses to leave the premises, the owner, manager, operator or employee shall contact a law
enforcement agency.
(e) In addition to the remedies provided by the provisions of this Section, the Department of
Law or any person aggrieved by the failure of the owner, operator, manager, or other person in control
of a public place or a place of employment to comply with the provisions of this Article may apply for
injunctive relief to enforce those provisions in any court of competent jurisdiction.
Sec. 14 -133. Penalties for Violations.
Any owner, manager, operator, or other person in control of an establishment, facility, or outdoor area
found to be in violation of this Article shall, when found to be in violation be fined as follows:
(a) The issuance of a verbal and written warning for the first (0) violation.
(b) A fine of two hundred dollars ($200.00) for the second (2" d) violation within the same
calendar year.
(c) A fine of four hundred dollars ($400.00) for the third (3') violation within the same
calendar year.
(d) A fine of eight hundred dollars ($800.00) for the fourth (4th) violation within the same
calendar year.
(e) A fine of one thousand five hundred dollars ($1,500.00) for each additional violation
occurring thereafter within the same calendar year.
(f) Repeated violation of this Article is declared to be a public nuisance, which may be
abated by the Department of Law seeking a restraining order, preliminary and permanent
injunction, or other means provided for by law, and may bring action to recover the costs
of the nuisance abatement.
(g) The Department of Law 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.
(h) Each day on which a violation of this Article occurs shall be considered a separate and
distinct violation. Each violation of this Article shall constitute a separate offense.
Smoke Free Air. Ordinance
Page 13
Section II. Repeal: Article 10 of Chapter 14 entitled "Smoking Regulations" of the -South Bend
Municipal Code is repealed. Any other ordinance which is inconsistent or in conflict with any part of
this ordinance is expressly repealed to the extent of such inconsistency or conflict and the remainder of
such ordinance or Code provision shall be unaffected and remain in effect.
Section III. Severability: If any provision, clause, sentence, or paragraph of this Article or the
application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect
the other provisions of this Article which can be given effect without the invalid provision or
application, and to this end the provisions of this Article are declared to be severable.
Section IV. This ordinance shall be in full force and effect on January 2, 2017, and from after the
passage by the Common Council, approval by the Mayor and legal publication.
Meemb rat Large Gavin Ferlic
ACID
District Council Member
Member
Council Member at Large John ode
Smoke Free Air Ordinance
Page 14
I, Kareemah Flower, City Clerk, hereby verify that the foregoing ordinance was passed/defeated
by the South Bend Common Council on the day of , 2016, by a vote of
in favor and against.
Kareemah Fowler, City Clerk
South Bend, Indiana
1 • at o'clock
o'clock m.
Office of the City Clerk
day of , 2016, at
Pete Buttigieg, Mayor
South Bend, Indiana
Filed in Cierk,s Office
i st READING MAR 2 9 2016
PUBLIC HEARING
3 rd READING KAREEMAH FOWLER
-40T APPROVED dTYCLERK, SO(JTFj�- D-
.EFERRED
PASSED