Home
Community Profile Print the Page in a Printer Friendly Format Email the Page to a Friend
OTTAWA CLEAN AIR ORDINANCE
Posted: 05/29/2010, 9:27:00AM EST

Ordinance No. 3759-10

An Ordinance amending Chapter 10, Article VIII of the Ottawa Municipal Code and Conforming the Municipal Code to Kansas State Law regarding The Indoor Clean Air Act and the Regulation of Smoking on Public and Private Property.

Whereas, The Governing Body of the City of Ottawa, in conjunction with the Youth in Government, passed a Clean Air Ordinance No. 3657-07; and

Whereas, The City Commission held extensive public hearings prior to the passage of the ordinance on the issue of the regulation of smoking in public and private places, restaurants, clubs, and places of employment; and

Whereas, the City Commission restricted the scope of the ordinance to public places and restaurants as fully set forth in Ordinance No. 3657-07; and

Whereas, the Kansas Legislature and the Governor of Kansas have enacted and signed in law House Bill 2221, preempting the field of the regulation of smoking in public and private places, exemptions thereto, fines thereon, in such a matter as to require the amendment of the Ottawa Municipal Code to conform to the law of the State of Kansas.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF OTTAWA, KANSAS, THAT:

Section 1. Section 10-803 is amended to read as follows: 1. "Access point" is defined as stated in K.S.A. 21-4009 (a); 2. "Bar" is defined as stated in K.S.A. 21-4009 (b); 3. "Employee" is defined as stated in K.S.A. 21-4009 (c); 4. "Employer" is defined as stated in K.S.A. 21-4009 (d); 5. "Enclosed area" is defined as stated in K.S.A. 21-4009 (e); 6. "Food Service Establishment" is defined as stated in K.S.A. 21-4009 (f); 7. "Outdoor recreational facility" is defined as stated in K.S.A. 21-4009 (i); 8. "Place of Employment" is defined as stated in K.S.A. 21-4009 (j); 9. "Private Club" is defined as stated in K.S.A. 21-4009 (k); 10. "Public Building" is defined as stated in K.S.A. 21-4009 (l); 11. "Public Place" is defined as stated in K.S.A. 21-4009 (n);

Definitions taken from HOUSE BILL NO. 2221

Section 1. Section 10-803

1. "Access point" is defined as stated in K.S.A. 21-4009 (a); "Access point" means the area within a ten foot radius outside of any doorway, open window or air intake leading into a building or facility that is not exempted pursuant to subsection (d) of K.S.A. 21-4010, and amendments thereto.

2. "Bar" is defined as stated in K.S.A. 21-4009 (b); "Bar" means any indoor area that is operated and licensed for the sale and service of alcoholic beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal malt beverages as defined in K.S.A. 41-2701, and amendments thereto, for on-premises consumption.

3. "Employee" is defined as stated in K.S.A. 21-4009 (c); "Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers their services for a nonprofit entity.

4. "Employer" is defined as stated in K.S.A. 21-4009 (d); "Employer" means any person, partnership, corporation, association or organization, including municipal or nonprofit entities, which employs one or more individual persons.

5. "Enclosed area" is defined as stated in K.S. A. 21-4009 (e); "Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid walls, windows or doorways 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 or similar structures. For purposes of this section, the following shall not be considered an "enclosed area": (1) Rooms or areas, enclosed by walls, windows or doorways, having neither a ceiling nor a room and which are completely open to the elements and weather at all times; and (2) rooms or areas, enclosed by walls, fences, windows or doorways and a roof or ceiling, having openings that are permanently open to the elements and weather and which comprise an area that is a least 30% of the total perimeter wall area of such room or area.

6. "Food Service Establishment" is defined as stated in K.S.A. 21-4009 (f); "Food service establishment" means any place in which food is served or is prepared for sale or service on the premises. Such term shall include, but not be limited to, fixed or mobile restaurants, coffee shops, cafeterias, short-order cafes, luncheonettes, grills, tea rooms, sandwich shops, soda fountains, taverns, private clubs, roadside kitchens, commissaries, and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.

7. "Outdoor recreational facility" is defined as stated in K.S.A. 21-4009 (i); "Outdoor recreational facility" means a hunting, fishing, shooting or golf club, business or enterprise operated primarily for the benefit of its owners, members and their guests and not normally open to the general public.

8."Place of Employment" is defined as stated in K.S.A. 21- 4009 (j); "Place of Employment" means any enclosed area under the control of a public or private employer, including, but no limited to, work areas, auditoriums, elevators, private offices, employee lounges and restrooms, conference and meeting rooms, classrooms, employee cafeterias, stairwells and hallways, that is used by employees during the course of employment. For purposes of this section, a private residence shall not be considered a "place of employment" unless such residence is used as a day care home, as defined in K.S. A. 65- 530, and amendments thereto.

9. "Private Club" is defined as stated in K.S.A. 21-4009 (k); "Private building" means an outdoor recreational facility operated primarily for the use of its owners, members and their guest that in its ordinary course of business is not open to the general public for which use of its facilities has substantial dues or membership fee requirements for its members.

10. "Public Building" is defined as stated in K.S.A. 21-4009 (l); "Public building" means any building owned or operated by: (1) The state, including any branch, department, agency, bureau, commission, authority or other instrumentality thereof; (2) any county, city, township, other political subdivision, including any commission, authority, agency or instrumentality thereof; or (3) any other separate corporate instrumentality or unit of the state or any municipality.(m)

11. "Public Place" is defined as stated in K.S.A. 21-4009 (n); "Public place" means any enclosed areas open to the public or used by the general public including, but not limited to: Banks, bars, food service establishments, retail service establishments, retail stores, public means of mass transportation, passenger elevators, health care institutions or any other place where health care services are provided to the public, medical care facilities, educational facilities, libraries, courtrooms, public buildings, restrooms, grocery stores, school buses, museums, theaters, auditoriums, arenas and recreational facilities. For purposes of this section, a private residence shall not be considered a public place unless such residence is used as a day care home, as defined in K.S.A. 65-530, and amendments thereto.

Section 2. Section 10-804 is amended to read as follows: No person shall smoke in an enclosed area or at a public meeting, including but not limited to:

1. Public places; 2. Taxicabs and limousines; 3. Restrooms, lobbies or other common areas in public and private buildings, condominiums and other multiple residential facilities; 4. Restrooms, lobbies or other common areas in hotels and motels and in at least 80% of the sleeping quarters within a hotel or motel; 5. Access points of all buildings that are not exempt in Section 10-806; 6. Any place of employment.

Section 3. Section 10- 805 shall be amended to include the following; Section 10-805 (3) To the extent necessary for the enforcement of this Ordinance, the provisions of K.S.A. 21-4009 (b) and (c) are incorporated into this Ordinance.

Section 10- 806 is amended to read as follows: The provisions of this Ordinance shall not apply to: 1. Private homes or residences, except at noted in K.S.A. 21- 4009 (d) (2); 2. The outdoor areas of any building or facility beyond the access point of such building or facility; 3. Hotel or motel rooms rented to one or more guests if the total percentage of such hotel or motel rooms does not exceed 20%; 4. That portion of an adult day care facility as stated in K.S.A. 21- 4009 (d) (5); 5. Tobacco shops; 6. Class A and B clubs as stated in K.S.A. 21-4009 (d) (8); 7. Private clubs in areas where minors are prohibited.

Section 4. Section 10- 807 is amended to read as follows. Any person who violates the provisions of this Ordinance shall be guilty of a cigarette and tobacco infraction as shall be punished by a fine;

1. For the first infraction, $100.00; 2. For the second infraction, $200.00; 3. For the third and subsequent infractions, $500.00; 4. Infraction timing shall be counted by starting on the day of the first conviction or diversion of the first offense, and shall proceed for a year from that date.

Section 5. Section 10-808 is amended to include the following: This ordinance is intended to conform to the enactment of the Kansas Legislature and shall be construed in conformance with K.S.A. 21- 4009 and any amendments thereto. To the extent necessary any provision of this Ordinance that is in conflict with K.S.A. 21-4009 shall be deemed null and void, and the provisions of the Kansas Legislature shall control.

Section 6. This Ordinance shall be in full force and effect from its adoption and after publication in the official City Newspaper.

ADOPTED this 16th day of June, 2010.

Click on: Get Copy of Clean Air Ordinance

Click on: Get defenitions for Section 1 in Ordinance