HomeMy WebLinkAbout2011-04-01 ORDINANCE NO. _QS 911-0 q_oj
SMOKE-FREE CEMETERIES: CITY ORDINANCE AMENDING
CHAPTER 12.16 OF THE BATESVILLE MUNICIPAL CODE TO
PROHIBIT THE USE OF TOBACCO PRODUCTS IN
CEMETERIES OWNED BY THE CITY OF BATESVILLE
WHEREAS, The City of Batesville believes that it is in the public interest to prohibit the
smoking of cigarettes, cigars, pipes, and use of tobacco products within the public
cemeteries within Batesville; and
WHEREAS, The City of Batesville believes the use of tobacco products in public
cemeteries in Batesville has directly caused a littering problem resulting in a significant
deterioration in the condition of portions of the cemeteries;
WHEREAS, it is the intent of the City of Batesville to prohibit smoking of cigarettes and
use of tobacco products within the publicly owned cemeteries in Batesville; and
WHEREAS, it is the intent of the City of Batesville to add these areas to the list of
"Batesville Smoke Free Zones"; and said areas will therefore, have appropriate,
permanent posting of signs; and
WHEREAS, the City of Batesville City Council seeks to provide a legal means for
official intervention to discourage the use of tobacco products in our cemeteries.
NOW THEREFORE, BE IT ORDAINED by the City Council of Batesville,
Independence County, Arkansas, as follows:
1. Prohibition Against Smoking of Cigarettes and Use of Tobacco
Products
Smoking or carrying lighted cigarettes, pipes, cigars, and other tobacco
products within publicly owned cemeteries shall be prohibited within the
City of Batesville.
2. Definitions
Publicly owned cemetery refers to any cemetery owned by the City of
Batesville. Specifically, Gray's Cemetery, Oaklawn Cemetery, and Pioneer
Cemetery will be included in the "Batesville Smoke Free Zones".
3. Penalties
Any person who has been found to have violated this Ordinance shall be
subject to penalties according to City ordinance 2005-11-1.
4. Signage
The City will attach permanent signage indicating "Batesville Smoke Free
Zone" at all publicly owned cemeteries.
I. REPEAL OF CONFLICTING ORDINANCES
Any Ordinances of the City of Batesville which are in conflict with this
Ordinance are hereby repealed to the extent of such conflict.
II. SEVERABILITY
If part of this Ordinance shall be deemed invalid, such parts shall be severed
and the invalidity thereof shall not affect the remaining parts of the Ordinance.
III. ENFORCEMENT PROVISION
This Ordinance shall be enforced by the Independence County Sheriff's
Department.
Any citizen may inform any person perceived to be violating this Ordinance of
the provisions of this Ordinance.
IV. EFFECTIVE DATE
This Ordinance shall take effect upon final adoption and publication in
accordance with the law.
PASSED AND APPROVED this 0 — day of ---> 2011.
Honorable Ric c lumbaugh, Mayor
ATTEST:
C, Denise M. Johnston, City Clerk