ORDINANCE NO. 7927

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS CONCERNING SMOKING IN PUBLIC PLACES AMENDING SECTIONS 9-810 AND 9-812 AND PORTIONS OF SECTIONS 9-802 AND 9-804 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, DECEMBER 2003 EDITION AND AMENDMENTS THERETO.

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

Section 1.        Section 9-810 of the Code of the City of Lawrence, Kansas December 2003 edition, and amendments thereto, 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, but nothing in this section shall be interpreted to prohibit any other person who would otherwise be lawfully entitled to enforce the provisions of this Article from taking enforcement action under this Article.

(B) Notice of the provisions set forth in this Article shall be given to all applicants for a City business license and retail 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 Code of the City of Lawrence, Kansas, December 2003 edition, and amendments thereto, 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 any person who owns, manages, operates or otherwise controls any premises subject to regulation under this Article to allow smoking to occur where prohibited by this Article.  Any such person allows smoking to occur under this section if he or she:

1. has knowledge that smoking is occurring, and;

2. acquiesces to the smoking under the totality of the circumstances.  

(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.        Section 9-802(L) of the Code of the City of Lawrence, Kansas, December 2003 edition, and amendments thereto, is hereby amended to read as follows:

9-802

(L)        “Smoking” means possession of a cigarette, cigar, or pipe partially or wholly consisting of or containing burning vegetation, or possession of any other device containing burning vegetation that is used for the introduction of smoke from the burning vegetation into the human body.  For the purposes of this definition, the term vegetation includes, but is not limited to, tobacco, but does not include any controlled substance listed in K.S.A. 65-4105 through K.S.A. 65-4113 inclusive, and amendments thereto.  

It is not the intention of this ordinance to repeal or amend any other portion of the existing Section 9-802, and all remaining provisions shall remain in full force and effect  

Section 4.        Section 9-804(C) of the Code of the City of Lawrence, Kansas, December 2003 edition, and amendments thereto, is hereby amended to read as follows:

9-804

(C)        Each employer having any enclosed place of employment located within the City of Lawrence shall adopt, implement, make known and maintain, a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception.  This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities areas.

It is not the intention of this ordinance to repeal or amend any other portion of the existing Section 9-804, and all remaining provisions shall remain in full force and effect 

Section 5.        Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 6. Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and 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