HomeMy WebLinkAboutA001 - Council Action Form dated October 10, 1995 r
ITEM # T
DATE October 10 1995
COUNCIL ACTION FORM
SUBJECT: ORDINANCE DESIGNATING SMOKE-FREE CITY BUILDINGS AND
VEHICLES -- EFFECTIVE 5/1/96
BACKGROUND:
On August 22, 1995, the City Council adopted a resolution amending the City's Personnel
Policies and Procedures. That amendment entirely prohibits smoking by City employees
inside all City buildings, facilities, and vehicles. The change is effective May 1, 1996,
which will provide a transition period and give employees who wish to stop smoking time
and assistance to do so.
The goal of this policy was to provide employees and the public with an environment
which is free from second-hand smoke. Since the Personnel Policy only affects City
employees, it is also necessary to adopt a corresponding ordinance extending this
provision to the public at large. This ordinance will also become effective on May 1 ,
1996.
The proposed ordinance simplifies several components of the current law. It also applies
to the Ames Public Library (including its bookmobile), Cy-Ride (including its busses), and
Mary Greeley Medical Center. Administrative staff at all three agencies have approved
their inclusion under this ordinance.
ALTERNATIVES:
1 . Approve the proposed amendment to the City's Smoking Ordinance, effective May 1 ,
1996.
2. Do not approve the proposed amendment to the City's Smoking Ordinance.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative #1 ,
approving the proposed amendment to the City's Smoking Ordinance effective May 1 ,
1996.
COUNCIL ACTION:
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY
REPEALING SECTION 17.7 THEREOF AND REENACTING THE SAME TO REVISE
REGULATIONS PERTAINING TO PROHIBITION OF SMOKING IN CITY BUILDINGS AND
VEHICLES; PROVIDING A PENALTY; REPEALING CONFLICTING ORDINANCES: AND
ESTABLISHING AN EFFECTIVE DATE
BE IT ENACTED,by the City Council for the City of Ames,Iowa:
Section One. The Municipal Code of the City of Ames, Iowa shall be and is hereby amended by repealing
Section 17.7 thereof and reenacting the same revised to state as follows:
"Sec. 17.7 SMOKING PROHIBITED,CITY MEETINGS,BUILDINGS,AND VEHICLES
(1) No person shall smoke any cigarette, cigar,pipe or other smoking equipment in any room
in which a public meeting of the city council or any administrative agency,board,commission,committee
or other governmental body of the City of Ames,Iowa is being held,during said public meeting.
(Ord.No.2655,Sections 1,2, 5-23-78)
(2) No person shall smoke any cigarette, cigar, pipe, or other smoking equipment in any
building under the use and control of the City or City administrative agency,or in any enclosed courtyard
of any such building,or in any vehicles, including Cy-Ride,under the use and control of the City or City
administrative agency, except in those areas, if any, that have been designated and conspicuously posted
as smoking areas.
(3) Violations of this ordinance are municipal infractions punishable by a civil penalty of
$25.00 for each offense.
(Ord. No. 3074,Sec. 1, 3-20-90), State Law Ref. Chap. 142B. Code o Iowa."
Section Two. This ordinance shall constitute a Municipal Infraction punishable as stated above.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
Section Four. This ordinance shall be in full force and effect from and after May 1, 1996.
Passed this day of ,
Sandra L.Ryan,City Clerk Larry R. Curtis, Mayor
0369
Current 10rdinanM
Sec. 17.4. WEAPONS VIOLATIONS.
Certain simple misdemeanors as defined and known under the Code of Iowa 1987 relative to the carrying,
purchase and sale of certain weapons,are hereby declared and made to be offenses against the City of Ames when
committed within the City of Ames, to wit:
(1) Failure to carry permit to carry weapons /State Law Ref Iowa Code Sec. 724.5J
(2) Failure to report and record sales of pistols and revolvers/State Law Ref Iowa Code Sec. 724.161
(Ord. No. 2646. Sec. 2. 3-7-78: Ord. No. 3003. Sec. 16. 2-23-88)
Sec. 17.5. (RESERVED)
Sec. 17.6. FIREWORKS, USE REGULATED.
(1) The use or exploding of "fireworks," as that tern is defined by the Code of Iowa 1987, is
prohibited except when done in accordance with a permit authorized by the City Council.
(2) The City Council for the City of Ames may,upon receipt of a written application,permit the display
and exploding of fireworks by any group or organization if the fireworks will be handled by a competent operator.
(3) However, nothing in this section shall be construed to prohibit any resident, dealer, manufacturer
or jobber from selling such fireworks if the same are to be shipped out of state; or the sale or use of blank
cartridges for a show or the theater,or for signal purposes in athletic or sporting events or by railroads or trucks,
for signal purposes,or by a recognized military organization;and provided further that nothing in this section shall
apply to any substance or composition prepared and sold for medicinal or fumigation purposes.
(4) A violation of this section shall be a municipal infraction.
(Ord. No. 2646. Sec. 2, 3-7-78; Ord. No. 3003. Sec. 18. 2-23-88) /State Law Ref 727.21
Sec. 17.7. SMOKING PROHIBITED DURING PUBLIC MEETINGS AND CITY OWNED BUILDINGS
(1) No person shall smoke or otherwise use any cigarette, cigar, pipe or other smoking equipment or
other tobacco product in any room in which a public meeting of the city council or any administrative agency,
board, commission, committee or other governmental body of the City of Ames, Iowa is being held,during said
public meeting.
(Ord. No. 2655, Sections 1. 2. 5-23-78) /State Law Ref 98A1
(2) No person shall smoke or otherwise use any cigarette, cigar, pipe, or other smoking equipment or
other tobacco product in any building owned by the City of Ames, Iowa,or in any enclosed courtyard of any such
building, except in those areas that have been designated and conspicuously posted as smoking areas.
(3) The City Manager or manager's designee may designate areas in the City owned buildings where
smoking is permitted, and shall cause signs to be posted within the appropriate areas of the buildings advising
persons of smoking and no smoking areas.
in addition, the statement "Smoking Prohibited Except in Designated Areas"shall be conspicuously posted
on all major entrances to these buildings.
(4) Violations of this ordinance are municipal infractions punishable by a civil penalty of$25.00 for
each offense.
(Ord. No. 3074. Sec. 1. 3-20-90)
Sec. 17.8. DEFACING NOTICES.
It is unlawful for any person to deface or tear down any notice,ordinance or advertisement,within the city,
posted by order of the City Council or by any public officer in the performance of their official duties.
(Ord. No. 812. Sec. 53; Code 1956. Sec. 76-53: Ord. No. 3003. Sec. 19. 2-23-88)
Supp #17/1990 Code 17-2 Rev. 10-1-94