County Commissioner Ordinance-July 2001-1�
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�� � I� ORDINANCE ELIMINATING SMOHING
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IN COUNTY OWNED, CONTROLLED OR OCCUPIED BUILDINGS
2001.
SEC. I TITLE:
This Ordinance shall be know as the Gibson Counry's Smokefree Air Act of
SEC. 2 FINDINGS AND PURPOSE:
The Boazd of County Commissioners does hereby find that:
Numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution, and that breathing secondhand smoke is a cause of disease, including lung
cancer, in nonsmokers. At special risk aze children, elderly people, individuals with
cazdiovasculaz disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive ainvay disease; and Health hazazds induced by
breathing secondhand smoke including lung cancer, heart disease, respiratory infection,
and decreased respiratory function, including bronchoconstriction and broncho-spasm.
Accordingly, the Board of County Commissioners finds and declazes that the
purposes of [his ordinance are (1) to protect the public health and welfare by prohibitine
smoking in County owned, controlled or occupied buildings; and (2) to guarantee the
right of nonsmokers to breathe smokefree air, and to recognize that the need to breathe
smokefree air shall ha��e priority over the desire to smoke.
SEC. 2 DEFR�IITIONS
The following words and phrases, whenever used in this article, shall be construed
as defined in this section:
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"Enclosed Area" means all space between a floor and ceiling tvhich is
enclosed on all sides by solid walls or windows (exclusive of door or passage ways)
which extend from the floor to the ceiling, including all space therein screened by
partitions which do not extend to the ceiling or are not solid, `bffice landscaping" or
similar structures.
2. "Smoking° means inhaling, exhaling, buming or carrying any lighted
cigar, cigarette, pipe, weed, plant or other combustible substance in any manner or in any
form.
SEC. 3 APPLICATIOI�T OF ORDINANCE TO COLTNTY-OWNED.
CONTROLLED OR OCCUPIED BUILDII�iGS.
All Counry owned, controlled or occupied buildings shall be subject to the
provisions of this Ordinance.
SEC. 4 PROHIBITION OF SMOICII`'G IN PUBLIC PLACES.
A. Smoking shall be prohibited in all buildings owned, controlled or occupied by
Gibson County and ten (10) feet from any entrance to a County owned, controlled or
occupied building.
B. It shall be the responsibility of department heads and supervisors to
provide a smokefree workplace in all County owned, controlled or occupied buildings.
C. Within 30 days of ihe effective date of this Ordinance, each department
head or supervisor having an enclosed place of employment located within the County
shall adopt, implement, make known and maintain a written smoking policy which shall
contain the following requirements:
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Smoking shall-be prohibited in all County owned, controlled or occupied
buildings. This includes common work azeas, conference and meeting
rooms, prn�ate offices, eleva[ors, hallways, stairs, restrooms and all other
enclosed areas.
D. The smoking policy shall be communicated to all employees within three (3)
weeks of its adoption.
E. All depaRment heads and supervisors shall supply a written copy of the smoking
policy upon request to any existing or prospective employee.
SEC. 5 REASO\TABLE DISTANCE.
Smoking shall occur at a reasonable distance of ten feet (10) or more outside such
building smoking is prohibited to insure that tobacco smoke does not enter the building
through entrances, windows, ventilation systems or any other means.
SEC. 6 POSTING OF SIGNS.
A. "No Smoking" signs or the intemational "No Smoking" symbol (consisting of a
pictorial representation of a buming cigazette enclosed in a red circle with a red
baz across ii) shall be cleazly and conspicuously posted in every building owned,
controlled or occupied by the Counry.
SEC.7ENFORCEMENT
A. Enforcement of this Ordinance shall be implemented by the Gibson County
Commissioners, Department Heads and Supervisors.
B. Any citizen �vho desires to register a complaint under this Ordinance may initiate
enforcement with the Boazd of County Commissioners.
SEC. 8 VIOLATIONS AND PENALTIES.
A. It shall be unlawful for any person to smoke in any area where smoking is
prohibited by the provisions of this Ordinance.
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B. Any person who violates any provision of this Ordinance shall be guilty of an
infraction, punishably by:
A fine not exceeding Twenty-Five Dollars (525.00) for a first violation.
2. A fine not exceeding Fifty Dollars (�50.00) for a second violation of this
article �vithin one (1) yeaz.
3. A fine not exceeding One Hundred Dollazs (S ] 00.00) for each additional
violation ofthis article within one (1) yeaz.
C. Notwithstanding any other provision of this Ordinance a County employee or
private citizen may bring legal action to enforce this Ordinance.
SEC. 9 OTHER APPLICABLE LAWS
This Ordinance shall not be interpreted or construed to permit smoking where it is
othenvise restricted by other applicable laws.
SEC. 10 SEVERABILITY
If any provision, clause, sentence or paragraph of this Ordinance or the application
thereof to any person or circumstances shall be held invalid, such invalidity shall not
affect the other provisions of this Ordinance which can be given effect wi[hout the invalid
provision or application, and to this end the provisions of this Ordinance aze declazed to
be severable.
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SEC. 11 EFFECTIVE DATE
This Ordinance shall be effective thirty (30) days from and after the date of its
adoption.
IN WITNESS WHEREOF the Boazd of Commissioners have adopted this
ordinance this c�n c� day of �, 2001.
GIBSON COUNTY COMMISSIO\TERS
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A K. HOOVER
ATTEST:
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KEN W. GRE EL, AL EN C. PERKINS
Gibson County Auditor