HomeMy WebLinkAbout2015-04-02 ORDINANCE NO. 2015-04-02
AN ORDINANCE TO REGULATE SMOKING, USE OF SMOKELESS TOBACCO,
AND &CIGARETTES IN PARKS, CEMETERIES,AND ALL OTHER FACILITIES
OWNED BY THE CITY OF BATESVILLE
WHEREAS,the Surgeon General of the United States has determined cigarette smoking
has been causally linked to lung cancer, arteriosclerosis and coronary heart disease, chronic
obstructive pulmonary disease, and other conditions that constitute a wide array of serious health
consequences;
WHEREAS,the Surgeon General of the United States has determined that smokeless
tobacco use causes oral cancer, nicotine addiction, and other health problems;
WHEREAS, 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.
WHEREAS,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.The FDA's testing also
suggested that"quality control processes used to manufacture these products are inconsistent or
nonexistent."
WHEREAS, 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.
WHEREAS,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; and
WHEREAS,the City Council, believing it to be in the public interest, seeks to provide a
legal means for official intervention to discourage the use of cigarettes,cigars, pipes, smokeless
tobacco products,and e-cigarettes in parks,cemeteries, and other facilities owned by the City of
Batesville.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BATESVILLE,ARKANSAS,
Section I.Definitions. "E-Cigarette" means any product containing or delivering
nicotine or any other similar substance intended for human consumption that can be used by a person
to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor
or aerosol from the product. "E-Cigarette" shall include any component part of such a product
whether or not sold separately. "E-Cigarette" does not include any product that has been approved
by the United States Food and Drug Administration for legal sale as a tobacco cessation product and
is being marketed and sold solely for the approved purpose.
"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.
"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, in
any manner or any form. "Smoking" also includes the use of an e-cigarette which creates a vapr, 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 ordinance.
"Designated Smoking Area" means an area designated by the Mayor, City Council, or Parks
Director as a city-owned or leased area in which smoking is not prohibited.These areas shall be
identified by the posting of appropriately visible and permanent signs.
Section II.All enclosed areas that are owned, leased, or operated by the City of
Batesville, including buildings and vehicles, shall be subject to the provisions of this Ordinance.
Section III. Use of smokeless tobacco products, use of e-cigarettes, and smoking or
carrying lighted cigarettes, pipes, and cigars shall be prohibited in all places owned by the City of
Batesville, including but not limited to,the following places:
A. Parks;
B.Sports venues, including fields and arenas;
C. Cemeteries;
D. Convention facilities;
E.Trails;
F. City-owned buildings; and
G.City-owned vehicles.
Section IV. Use of smokeless tobacco products, use of e-cigarettes, and smoking or
carrying lighted cigarettes, pipes, and cigars shall be prohibited in the following outdoor places:
A.Within a reasonable distance of 25 feet outside entrances,operable windows, and
ventilation systems of enclosed areas where smoking or the use of e-cigarettes is prohibited;
B. In all outdoor arenas, stadiums, walking trails,and amphitheaters owned by the City of
Batesville. Smoking, smokeless tobacco use, and the use of e-cigarettes shall also be
prohibited in, and within 25 feet of, bleachers and grandstands for use by spectators at
sporting and other public events.
Section V.Smoking, use of smokeless tobacco products, and use of e-cigarettes shall be
allowed in outdoor Designated Smoking Areas.
Section VI.Any person violating any of the provisions of this ordinance shall be fined in
the amount of fifty dollars($50.00). Each day such violation is committed or permitted to continue
shall constitute a separate offense.
Section VII.The City of Batesville may seek reimbursement in the form of Court costs in
the amount of fifty dollars($50.00) in order to offset the expense of implementing, enforcing and
prosecuting the provisions of this Ordinance.
Section VIII.Any ordinances of the City of Batesville which are in conflict with this
Ordinance are hereby repealed to the extent of such conflict.
Section IX. 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.
Section X.This Ordinance shall be enforced by the Independence County Sheriff's
Department or the Batesville Police Department. Any citizen may inform any person perceived to
be violating this Ordinance of the provisions of this Ordinance.
Section XI.This Ordinance shall take effect upon final adoption and publication in
accordance with the law.
PASSED AND APPROVED this�day of_ 2015.
Honorable Rick Elumbaugh, Mayor
AST:
Denise M.Johnston, City Cerk