AN ORDINANCE AMENDING SECTIONS 1155.02, 1155.03, 1155.04, 1155.05, 1155.06, 1135.07, 1155.08, 1159.09, AND 1155.99 OF THE HEALTH AND SANITATION CODE. OF THE CITY OF MORGANTOWN, AS THE SAME APPLIES TO SMOKING REGULATION. ‘The City of Morgantown hereby ordains that Sections 1155.02, 1155.03, 1155.04, 1155.05, 1155.06, 1155.07, 1155.08, 1155.09 and 1155.99 are amended as follows (New matter underlined, deleted matter struck through) 1155.02 (@) (b) a 1155.03, FINDINGS AND PURPOSE. ‘The United States Surgeon General has determined that involuntary inhalation of tobacco smoke is: (1) A cause of numerous diseases in healthy nonsmokers; and (2) A major contributor to indoor air pollution; and 3) Fhatchitdren;eiderty peopte-and-individuals-with-eardiovascrtarandior respiratory disease are-atspeciattisk, Has immediate adverse effects on vascular system and causes coronary heart disease and Jung cancet (4) That children, hospitality workers, elderly people an individuals with ratory disease are at special risk. Accordingly, the purposes of this article are: ay @ Q) ‘To protect the public health and welfare by prohibiting smoking in enclosed public places srandby reguiating-smoking-in placcs-of employment and places of employment; "Forespond-tornumerousstidies whick show that a-majority-of both nonsmokersvand:smokers desire tr have restrictions om-smokingin-publie phacesand-phrcerof employmentrand ‘To recognize that where the need to breathe smoke-free air conflicts with the desire to smoke, the need to breathe smoke-free air shall have priority DEFINITIONS. ‘The following words and phrases, whenever used in this article shall be construed as. defined in this section:g orsimitarstractures: store™ convenience-store-andotherretaiHfood productionand-marketing establishments: private-finaneialgain-~A-publicageney isnot nonprofit entity within thre meaning-of thissection: members of the gencrat public inckiding but not timited to grocery stores; specialty stores; department-stores; pharmacies; banks; stations; tepairor 8 who is by an employer in consideration for direct or indirect monetary wages or profits ora person who volunteers his of her services for a nonprofit entity. “Employer” means a person, business, partnershi ation, or corporation, including a municipal corporation, tus1, o nonprofit entity that employs the paid or volunteer services of one of more individual per “Enclosed area” means all space between a floor and a ceiling that is enclosed or attially enclosed with: (i) Solid walls or window. sive ways: or Gi Solid walls with partitions and no windows, inclusive of doorways, that extend(dy @ from the floor to the ceiling. “Place of em 7 is.any area pol of a public or employer that employees are required to enter, leave, or pass through during the \. including private offices; work areas: restrooms; conference and classrooms; break rooms and cafeterias: and other common areas. A private residence, unless used to provide licensed child care, foster care, adult care, ot other similar social service care on the premise, is not a “place of employment” “Public place” means any area to which the public i inet or in which the lic is permitted, regardless of whether the building is owned in whole or in pparl by private persons or the city, or other local Soxemnent entities. A “public s it s_ retail stores, offices, museums, concert halls, public conveyances, educational facilities, nursing, wi . s. on halls, conventios facilities, polling places, private clubs, gaming facilities, healthcare facilities or clinics, enclosed shopping centers, retail service establishments, financial s. educational facilities, m caring facilities, public restrooms, waiting areas, lobbies, hars, taverns, bowling alloys, skating rink reception areas, attorney's and doctor's offices. A private residence is nota “public place” unless used to provide licensed child care, foster care, adult care, or “Retail store” means any establishment that sells goods or services directly to members of the general public including but not limited to grocery stores, specially stores, department stores, pharmacies, banks, automobile. dealerships, rofessional offices, service stations, repair or maintenance stores, barber or beauty shops, cleaners and Jaundromats, “Smoking means inhaling, exhaling, burning or carrying any lighted or heat manner or in any All facilities including buildings, vehicles owned or operated by the City or any agency. wt receives a ary rom City st subject t0 the provi regulation 1155.05 REGULATION OF SMOKING IN ENCLOSED PUBLIC PLACES. (a) Smoking shall be prohibited in all enclosed public places within the City, © including, but not limited to the following places: Grocery stores:ESos $ $8 i All means of public transit, including taxis and buses, and all areas, including ticket, boarding and waiting areas, All Retail stores. All Restaurants, bars and gaming establishments, Reta-stores except areas irsuertorex not open tothe pebiicandattaress ‘iran ern abner nds g B oo @ (by 1155.06 (a) () r they-may' co P {5090)-of the seating capacity ofthe rostnerantaxersmoking ae Every room, chamber or place of meeting or public assembly, inclduing school buildings under the control of any board, council, commission, committee, including joint committees or agencies of the City or any political subdivision of the State during-such-time-ara public meeting isin progress-tethe extent such: ptace is subject to the jurisdiction of the City. All patient rooms, waiting rooms and other public areas in health facilities, including but not limited to hospitals, clinics, pharmacies, physical therapy facilities, doctors’ offices and den Notwithstanding any other provision of this section, an person who controls any establishment or facility described in this section may declare that entire establishment or facility as nonsmoking. In any dispute arising under article, the health concerns of the nonsmoker shall be given precedence, REGULATION OF SMOKING IN ENCLOSED PLACES OF EMPLOYME! It shall be the responsibility of employers o provide a smoke-free workplace for all employees. ‘Nonsmoking-areas shalf-be designated-such-thatemployees-woukd-notbe required to-pass through'smoking-arearoraroutine basis in-orderte-perform-jobrditiesortoreachomonsmoking-area: Each employer having an enclosed place of employment located within the city shall a lemei in a wri make known and maintain a written sol which shall contain the following requirements: ‘Smoking shall c sed facilities employment without exception, This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeteria other enclosed facilities, s, stairs, restrooms, vehicles, and all © & . 5 ma a itrarsmoking withthe desire to-smoke;the need-to-breathe smoke-free air shaiFhave-priority= "Phe policy shattinckide ata minima the foltowing requirements: nronsmoker shatt-be-giver-precedence: p r ployer sha he © L ers shall supply a written copy of the smoking policy upon request any existing or prospective employee. 1155.07 WHERE SMOKING NOT REGULATED. (a) Notwithstanding any other provisions of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article: Bars: a (1) _ Private residences, except when used as a child care orhealth-carefacitity facility, adult care or other similar social service care, oe 2) Twenty five percent (25%) of hotel and motel rooms rented to guests. — Retaittobaccostores: 6) Fheconferenceormecting rooms or public and-private-assembiy-rooms-of for-privatefinetions: | rohibited-irail public waiting areas and fobbies- Bingo operations that distribute more than one hundred bingo cards or bingosheets as allowed under WV Code Section 47-20-28a as stipulated by the WV. State Supreme Court of Appeals, Dec. 2, 2003. () Notwithstanding any other provision of this section, any person who controls any establishment described in this section may declare that entire establishment as a nonsmoking facility. 1155.08 POSTING OF SIGNS. (@) Because ordinances regulating smoking are primarily self-enforcing, their success depends heavily upon adequate signage. (6) Smoking-or nonsmoking signs whichever are-appropriate shall be conspicuously posted in every building or other place where smoking is regulated by this article, inckrding restrooms and-etevators, by the owner, operator, manager or other person having control of such building or other place. ts posted-at $ stating that nonsmoking section iravaitablerand-tharsmoking-is-altowed-onlyin 1155.09 ENFORCEMENT. a 5 o ? time rat pr {a) Enforcement of this ordinance shall be implemented by the City Manager or his or her designated agent. @) the provisions set forth in this regulation shall be given to all applicants fora business license in the City of Morgantown, @ citizen who desires to register a compla initiate enforcement with the gor or his si agent, (d) The City Manager or designated agent shall inspect for compliance of this ordinance, (©) Any owner, manager, operator or employee of any esta slated by this regulation shall inform persons violating this regulation of the appropriate provisions thereof, 1155.99 PENALTY. Any person who violates any provision of this article shall be guilty of an infraction, (@) The first infraction shall result in a fine of twenty five-dottars-¢$25:66) one hundred dollars ($100.00). (b) A second violation within a owelve-month period shall result in a fine of fifty () dottars-($56:66} two hundred and fifty dollars ($250.00) A fine between two hundred and fifty dollars (§250,00) and five hundred dollars($500.00) fifty dottars +$50-007 and-one hundred dottars (6160-40) shalll be levied for each additional violation of this article within a twelve-month period. wager, at his or her option may seek a cor establishment who violates this article. This ordinance shall be effective upon date of adoption. FIRST READING: MAYOR ADOPTED: FILED: CITY CLERK RECORDED: