Name
of the Ordinance
The ordinance's name should relate to its purpose. Examples
of names are "Smokefree Air Ordinance" or "Ordinance
for Smokefree Public Places and Workplaces."
Intent
of the Ordinance
The ordinance should have the intent of protecting people
from the health hazards of secondhand smoke. Examples of
"whereas" clauses for the preamble are as follows:
"WHEREAS,
numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution;"
"WHEREAS,
the American Academy of Pediatrics published a study (Pediatrics,
February 1998) that attributes approximately half of early
childhood cases of asthma, chronic bronchitis, and wheezing
to secondhand smoke;"
"WHEREAS,
the U.S. Surgeon General found in his 1986 Report that environmental
tobacco smoke is a cause of disease, including lung cancer,
in nonsmokers;"
"WHEREAS,
studies have shown that environmental tobacco smoke is a
cause of cardiovascular disease in nonsmokers;"
"WHEREAS,
studies have shown that breathing environmental tobacco
smoke is a significant health hazard for children, the elderly,
and individuals with cardiovascular disease, impaired respiratory
function, and asthma;"
"WHEREAS,
the Americans with Disabilities Act, which requires access
for handicapped persons in public places and workplaces,
deems impaired respiratory function a disability;"
"WHEREAS,
the U.S. Surgeon General further found that separating smokers
from nonsmokers within the same air space does not eliminate
the exposure of nonsmokers to environmental tobacco smoke;"
An example
of a summation preamble clause is as follows:
"WHEREAS,
on the basis of the published warnings of the U.S. Surgeon
General and on the basis of scientific reports and other
authoritative and instructive data, the [municipal council
or board of health] of [municipality name] has
determined that the public interest requires certain measures
to be established to eliminate the exposure of people to
environmental tobacco smoke in public places, and that this
ordinance intends to (1) protect the public health and welfare
by eliminating smoking in public places and workplaces,
and (2) guarantee that the need to breathe smokefree air
shall take priority over smoking;"
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General
Restrictions for Public Places
The ordinance should describe the location of public places
that are to be smokefree. Examples are:
"Smoking
shall be prohibited at all times in all enclosed public
places within [municipality name] including, but
not limited to, the following places:
- All
enclosed areas available to and customarily used by the
general public and all areas of business establishments
and non-profit entities generally accessible to the public,
including, but not limited to, the public areas of retail
stores, banks, offices, movie theaters, laundromats, hotels,
motels, sports arenas, bowling facilities.
- All
restaurants and bars in accordance with N.J.S.A. 26:3E-7
to 26:3E-13.
- All
outdoor areas within ten linear feet from any and all
entrances and exits of any and all enclosed indoor areas
where smoking is prohibited, to ensure that tobacco smoke
does not enter the smokefree indoor areas through entrances,
windows, ventilation systems, or any other means.
- All
rest rooms, lobbies, reception areas, hallways, elevators,
service lines, and any other common-use areas in enclosed
public places.
- All
polling places.
- All
places that host bingo games.
-
All lobbies, hallways, elevators, and other common areas
of multi-unit residential buildings, including, but not
limited to, apartment buildings, condominiums, town houses,
trailer parks, retirement facilities, and nursing homes.
-
All buses, taxis, other means of public transit and waiting
areas of public transit depots, and limousine and car
services.
-
All private residences that are used as childcare or healthcare
facilities.
-
All healthcare facilities, including but not limited to
clinics, physical therapy facilities, and offices of doctors,
dentists, chiropractors, and psychiatrists.
-
All enclosed facilities owned, leased, or operated by
[municipality name]."
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Voluntary
Smokefree Policy
A provision that provides for owners to make their establishments
smokefree could be as follows:
"Notwithstanding
any other provision of this section, any owner, operator,
manager, or other person who controls any establishment
or facility may declare that entire establishment or facility
as a smokefree establishment."
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General
Restrictions for Workplaces
The ordinance should provide that workplaces are required
to be smokefree. An example is:
"All
employers within the boundaries of [municipality name]
shall provide a smokefree workplace for all employees. Smoking
shall be prohibited in all enclosed facilities within the
workplace at all times without exception. This includes,
but is not limited to, all common work areas, private offices
and work areas, meeting rooms, conference rooms, auditoriums,
classrooms, hallways, elevators, stairs, cafeterias, employee
lounges, rest rooms, medical facilities, and all other enclosed
areas, including vehicles. The employer shall adopt and
provide a written policy within 90 days of the effective
date of this ordinance, and that smokefree policy shall
be in effect, making that workplace smokefree within 120
days of the effective date of this ordinance. The employer
will provide all employees with a copy of the policy within
two weeks of its adoption. All prospective employees will
receive a copy of the policy."
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Non-Retaliation
An employee or applicant for employment who desires a smokefree
work environment can be protected from retaliation. An example
follows:
"No
person or employer shall discharge, refuse to hire, or in
any manner retaliate against any employee or applicant for
employment because such employee or applicant seeks a smokefree
environment as afforded by this article."
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Outdoor
Restrictions
A provision that provides for smokefree school grounds and
outdoor recreational areas could be as follows:
"It
is unlawful for any person to smoke tobacco on the property
of any and all educational facilities, and at any and all
recreational facilities, parks, playgrounds, sports fields,
and recreational properties that are owned, leased, or operated
by [municipality name] or by the [municipality
name] recreation commission."
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Posting
Signs
A provision that provides for notice of the local law is
useful for awareness and enforcement purposes. An example
of a sign provision is as follows:
"A
'No Smoking' sign shall be clearly, sufficiently, and conspicuously
posted at every entrance to every public place where smoking
is prohibited by this ordinance.
The
sign(s) shall be posted by the owner, operator, manager,
or other person having control of such building or other
area.
The
sign(s) shall have the words 'No Smoking' in lettering that
is not less than two (2) inches in height, or shall contain
the international no smoking sign or symbol (consisting
of a pictorial representation of a burning cigarette enclosed
in a circle with a bar diagonally through the cigarette)
that is not less than two (2) inches in height.
Signs
that are removed shall be replaced within five (5) working
days by the owner, operator, manager, or other person having
control of such building or other area."
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Public
Education
Awareness of the ordinance is important for compliance and
enforcement. Here is an example of such a provision:
"The
Health Officer, or designee, shall engage in a continuing
program to explain and clarify the purpose and requirements
of this ordinance to citizens affected by this ordinance,
and to guide owners, operators, and managers in their compliance.
Such a program may include publications explaining the provisions
of this ordinance."
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Enforcement
Enforcement is vital to the viability of the ordinance.
Here is an example of an enforcement provision:
"The
Health Officer, or designee, and the Police Department are
hereby charged with the enforcement of this ordinance. All
members of the Health Department and the Police Department
are hereby designated as enforcement officers for the purpose
of enforcement of this ordinance.
Enforcement
shall be implemented by the Municipal Manager or designee.
Notices of this ordinance shall be given to all applicants
for a business license in [municipality name].
Any
employee or person who desires to register a complaint under
this ordinance may initiate enforcement with the Health
Officer, or designee, Police Officer, or designee, or Municipal
Manager. [Select one registration location.]
Notwithstanding
any other provision of this article, any person or employee
may bring legal action to enforce this article.
Any
owner, manager, operator, or employee of any establishment
regulated by this article may inform persons violating this
article of the appropriate provisions thereof."
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Penalties
The penalties provision will encourage compliance by the
public and by persons who control the smokefree public places
covered by this ordinance. Here is an example of a penalties
provision:
"It
shall be a violation of this ordinance for any owner, operator,
manager, or person who controls any premises subject to
this ordinance to fail to comply with any of its provisions.
It shall
be unlawful to smoke or carry a lighted cigarette, cigar,
or pipe where smoking is prohibited.
Any
person who violates any provision of this ordinance shall
be guilty of an infraction, punishable by:
-
A fine not exceeding $100 for the first violation.
-
A fine not exceeding $200, but no less than $100, for
the second violation.
-
A fine not exceeding $500, but no less than $200, for
the third violation."
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Power
to adopt more comprehensive smokefree policies
Managers and owners of establishments and businesses may
want to have more comprehensive policies. An example would
be as follows:
"Notwithstanding
any other provision of this ordinance, any owner, operator,
manager, employer, or other person who controls any establishment
or place of employment regulated by this ordinance may adopt
policies relating to smoking which are more comprehensive
than those provided herein."
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Other
applicable laws
Other local, state, and federal laws need to be considered.
This provision ensures that compliance:
"No
provision in this ordinance shall be construed or interpreted
to allow smoking where it is otherwise restricted by other
laws."
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Severability
This provision can ensure that the ordinance remains valid,
even if a provision of the ordinance is held invalid:
"If
any provision or application of this ordinance shall be
held invalid, such invalidity shall pertain only to that
specific provision or application, and shall not affect
the other provisions and applications of this ordinance
which can be given effect without the invalid provision
or application, and to this end the provisions of this ordinance
are declared severable."
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Effective
Date
Citizens and those owning, managing, or controlling the
public places and workplaces affected by this ordinance
need to know its effective date for compliance purposes.
"This
ordinance shall be effective thirty (30) days from and after
the date of its adoption, unless specified otherwise."
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