ORDINANCE NO. 7907

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING SMOKING IN PUBLIC PLACES AMENDING SECTIONS 9-810 AND 9-812 OF ORDINANCE NO. 7782

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

Section 1.        Section 9-810 of the City of Lawrence, Kansas Ordinance No. 7782, is hereby amended to read as follows:

9-810                ENFORCEMENT.

(A) The Fire Chief or his or her designated agent shall be responsible for enforcing the provisions of this Article within the City.

(B) Notice of the provisions set forth in this Article shall be given to all applicants for a City business license and liquor or drinking establishment license.

(C) Any person may register a complaint under this Article to initiate enforcement with the Fire Chief.

(D) The Lawrence-Douglas County Fire & Medical Department, the Lawrence Police Department, the Lawrence-Douglas County Health Department, and the Codes Enforcement Division of the Department of Neighborhood Resources Department shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance of this Article.

(E) Any owner, manager, operator or employee of any establishment premises regulated by this Article shall be responsible for informing persons violating this Article of the provisions through appropriate signage.  

Section 2.        Section 9-812 of the City of Lawrence, Kansas Ordinance No. 7782, is hereby amended to read as follows:

9-812                VIOLATIONS AND PENALTIES.

(A)        It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this Article to fail to comply with all of its provisions.

(B)        It shall be unlawful for an owner, manager, operator or employee of any premises subject to regulation under this Article to allow smoking to occur where prohibited by this Article.  It shall be an affirmative defense to a violation of this section if the owner, manager, operator, or employee with reasonable diligence:

1. advises the person acting in violation of this article to refrain from smoking; and

2. asks the violator to leave the enclosed area, if the smoking person continues or reinitiates a violation of this Article; and

3. exerts all reasonable efforts to remove the person from the premises, including calling the police, if the smoking person refuses to leave the enclosed area.

(C)        It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this Article.

(D)        Any person who violates any provision of this Article shall be guilty of a misdemeanor, punishable by:

1.         A fine not exceeding One Hundred Dollars ($100.00) for the first violation.

2.         A fine not exceeding Two Hundred Dollars ($200.00) for a second violation within a one (1) year period of the first violation.

3.         A fine not exceeding Five Hundred Dollars ($500.00) for an additional a third or subsequent violation within a one (1) year period of the first violation.

4.         For the purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.

Section 3.        Sections 9-810 and 9-812 of Ordinance No. 7782 are hereby repealed it being the intent to supersede the repealed provisions. This ordinance shall be effective on and after its publication as provided by law.

Passed by the governing body this  day of , 2005. 

                                                                        Dennis Highberger, Mayor

ATTEST:

Frank S. Reeb, City Clerk

Approved as to form and legality:

David L. Corliss, Assistant City Manager

  and Director of Legal Services