HomeMy WebLinkAboutOrdinance - 31-2002 - Amending City Code Chapter 9 by Adding Section 9.42 - Smoke Free Environments - 11/12/2002 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 31-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,, MINNESOTA AMENDING
CITY CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY
REFERENCE CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG
OTHER THINGS,CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. City Code Chapter 9 is amended by adding Section 9.42 as follows:
Section 9.42. Eden Prairie Smokefree Air Ordinance of 2002. This Section
shall be known as the Eden Prairie Smokefree Air Ordinance of 2002.
Subd. 1. General Provisions
A. Findings and Intent. The Eden Prairie City Council does hereby find
that:
(1) Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and that breathing secondhand
smoke(also known as environmental tobacco smoke) is a cause of
disease in healthy nonsmokers, including heart disease, stroke,
respiratory disease, and lung cancer. The U.S. Surgeon General has
determined that secondhand smoke is responsible for the early
deaths of 65,000 Americans annually.
(2) The Public Health Service's National Toxicology Program has
listed secondhand smoke as a known carcinogen(U.S. DHHS,
2000, citing Cal. EPA, 1997).
(3) Secondhand smoke is particularly hazardous to elderly people,
individuals with cardiovascular disease, and individuals with
impaired respiratory function, including asthmatics and those with
obstructive airway disease. Children exposed to secondhand smoke
have an increased risk of asthma,respiratory infections, sudden
infant death syndrome,developmental abnormalities, and cancer.
(4) The Americans With Disabilities Act,which requires that disabled
persons have access to public places and workplaces, deems
impaired respiratory function to be a disability.
(5) The U.S. Surgeon General has determined that the simple
separation of smokers and nonsmokers within the same air space
may reduce,but does not eliminate,the exposure of nonsmokers to
secondhand smoke.The Environmental Protection Agency has
determined that secondhand smoke cannot be reduced to safe
levels in businesses by high rates of ventilation.Air cleaners,
which are only capable of filtering the particulate matter and odors
in smoke, do not eliminate the known toxins in secondhand smoke.
(6) A significant amount of secondhand smoke exposure occurs in the
workplace. Employees who work in smoke-filled businesses
suffer a 25-50%higher risk of heart attack and higher rates of
death from cardiovascular disease and cancer, as well as increased
acute respiratory disease and measurable decrease in lung function.
(7) Smoke-filled workplaces result in higher worker absenteeism due
to respiratory disease, lower productivity, higher cleaning and
maintenance costs, increased health insurance rates, and increased
liability claims for diseases related to exposure to secondhand
smoke.
(8) Smoking is a potential cause of fires.
(9) Accordingly, the Eden Prairie City Council finds and declares that
the purposes of this ordinance are (1)to protect the public health
and welfare by prohibiting smoking in city facilities and parks.
B. Definitions. For the purpose of this section,the following terms shall
have the meanings:
1. "City Facilities"means buildings owned or operated by the City,
including owned or operated outdoor areas of the lot or parcel on
which the building is situated.
2. "Parks"means any open or enclosed land and improvements or
facility wherever located which is owned, leased or operated by the
City and which is reserved, designated or used for a playground,
picnic area, garden area,beach, or other recreational or open space
area.
3. "Smoking"means inhaling, exhaling,burning, or carrying any
lighted cigar, cigarette,pipe,weed, or plant in any manner or in
any form.
Subd.2. General Restrictions
A. Prohibition of Smoking in Certain Areas. Smoking is prohibited in
the following areas:
1. Parks;
2. City Facilities;
3. Inside motor vehicles owned or operated by the City when
occupied by two or more persons.
4. Inside motor vehicles at City Facilities and Parks.
B. Where Smoking Not Regulated.Notwithstanding any other provision
of this Section to the contrary,the following areas shall be exempt from
the provisions of this Section:
1. Leases of City Facilities, or those portions thereof,to non-City
entities or individuals which have been entered into prior to the
adoption of this ordinance,
2. In designated outdoor areas of City Facilities; and
3. City streets, easements, sidewalks,trails (except trails adjacent to
or within Parks) and paths.
C. Posting of Signs
1. "No Smoking" signs or the international "No Smoking" symbol
(consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a red bar across it) shall be clearly
and conspicuously posted outside every City Facility and Park.
2. All ashtrays and other smoking paraphernalia shall be removed
from every area where smoking is prohibited under this Section.
Subd. 3. Enforcement
A. Complaints. Any citizen who desires to register a complaint under this
Section may initiate enforcement with the City Manager or his/her
designee.
B. Violation and Penalty. It shall be a petty misdemeanor for any person
to smoke in an area where smoking is prohibited by the provisions of this
Section. The fine for violation of this provision shall be$100 plus all
surcharges mandated by law.
C. Other Applicable Laws. This Section shall not be interpreted or
construed to permit smoking where it is otherwise restricted by other
applicable laws.
D. Severability. If any provision, clause, sentence, or paragraph of this
Section or the application thereof to any person or circumstances shall be
held invalid,that invalidity shall not affect the other provisions of this
Section which can be given effect without the invalid provision or
C. Other Applicable Laws. This Section shall not be interpreted or
construed to permit smoking where it is otherwise restricted by other
applicable laws.
D. Severability. If any provision, clause, sentence, or paragraph of this
Section or the application thereof to any person or circumstances shall be
held invalid,that invalidity shall not affect the other provisions of this
Section which can be given effect without the invalid provision or
application, and to this end the provisions of this Section are declared to
be severable.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation" and
Section 9.99 entitled "Violation a Misdemeanor" are hereby adopted in
their entirety,by reference, as though repeated verbatim herein.
Section 3. This Ordinance shall become effective after its passage and publication on
January 1, 2003.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th day
of October, 2002, and finally read and adopted and ordered published at a regular meeting of the
City Council of said City on the 12th day of November, 2002.
Z�Al� Y& — z4zo�/��---,,
Kathleen Porta, City Clerk an T -L ns, r
PUBLISHED in the Eden Prairie News on theay of 2002.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
SUMMARY OF ORDINANCE NO. 31-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,NIINNESOTA AMENDING CITY
CODE CHAPTER 9 BY ADDING SECTION 9.42; AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 1 AND SECTION 9.99 WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS.
The following is only a summary of Ordinance No.31-2002. The full text is available for public
inspection by any person during regular office hours at the office of the City Clerk.
The purpose of the ordinance is to prohibit smoking in city parks, city facilities, inside motor
vehicles owned or operated by the City when occupied by two or more persons, and inside motor
vehicles at city facilities and parks. The following areas are exempt from the ordinance: leases of
city facilities or those portions thereof to non-city entities or individuals which have been entered
into prior to the adoption of the ordinance; designated outdoor areas of city facilities; city streets,
easements, sidewalks, trails (except trials adjacent to or within parks) and paths. The ordinance
incorporates, by reference, City Code Chapter 1 and City Code Section 9.99, which contain
definitions and provisions relating to penalties.
Effective Date: This Ordinance shall take effect upon publication
ATTEST:
Kathleen Porta, City Clerk Na cy a- ens or
PUBLISHED in the Eden Prairie News on �D�-G�-e�' �; OW 0`2,
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE I Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
NO.31-2002 the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
AN ORDINANCE OF THE CITY as follows:
OF EDEN PRAIRIE, MINNESOTA
AMENDING CITY CODE CHAPTER (A) This newspaper has complied with the requirements constituting qualification as a legal
9 BY ADDING SECTION 9.42; AND newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
ADOPTING BY REFERENCE CITY amended.
CODE CHAPTER 1 AND SECTION
9.99 WHICH, AMONG OTHER (B)The printed public notice that is attached to this Affidavit and identified as No.
THINGS, CONTAIN PENALTY was published on the date or dates and in the newspaper stated in the attached Notice and said
PROVISIONS. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
The following is only a summary of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
Ordinance No.31-2002. The full text is inclusive,and is hereby acknowledged as being the kind ar size of type used in the compositi
available for public inspection by any and publication of the Notice:
person during regular office hours at the
office of the City Clerk. abcdefghijklmnopgrs v y
The purpose of the ordinance is to
prohibit smoking in city parks, city
facilities,inside motor vehicles owned c By
operated by the City when occupied byV Wtan Rolfsrud,General Manager
I two or more persons,and inside motoi
vehicles at city facilities and parks. The or his designated agent
jfollowing areas are exempt from the
ordinance:leases ofcityfacilities orthose Subscribed and sworn before me on
I portions thereof to non-city entities or
individuals which have been entered into
prior to the adoption of the ordinance; this of ,2002
designated outdoor areas ofcity facilities;
city streets,easements, sidewalks, trails GWEN M.RADUENZ
(except trials adjacent to or within parks) r NOTAI'Y PUBLIC MINNESOTA
and paths.The ordinance incorporates,by
�r;^ MyCommissionExpiresJan.31,2005
reference,City Code Chapter 1 and City
Code Section 9.99, which contain
definitions and provisions relating to Notary Public
i penalties.
Effective Date: This Ordinance shall
take effect upon publication
Nancy Tyra-Lukens, Mayor
ATTEST:
Kathleen Porta,City Clerk RATE INFORMATION
(AM copy is available from City Clerk.)
s Ordinance j' Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch
(Published in the Eden Prairie News on . Maximum rate allowed by law for the above matter................................$20.00 per column inch
Thursday,November2l,2002;No.3032) Rate actually charged for the above matter................................................$10.23 per column inch