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Home My WebLink AboutA002 - Council Action form dated October 24, 1995 4 ITEM # (=3 62 DATE October 24, 1995 COUNCIL ACTION FORM SUBJECT: AMENDED ORDINANCE DESIGNATING SMOKE-FREE CITY BUILDINGS AND VEHICLES BACKGROUND: On October 10, 1995, the City Council passed a proposed ordinance designating smoke- free City buildings and vehicles on first reading. The change, to take effect May 1 , 1996, paralleled an earlier resolution amending the City's Personnel Policies and Procedures. In addition to expanding the smoking prohibition in City facilities and vehicles, the October 10 ordinance change deleted what staff had deemed to be unnecessary language dealing with the use of smokeless tobacco products in public meetings and in the workplace. Upon further review, it is now staff's recommendation that the current provisions relating to smokeless tobacco be retained in the new ordinance. Attached are copies of the current ordinance, the ordinance passed on first reading on October 10, and the amended ordinance now being presented for approval. ALTERNATIVES: 1 . Approve on first reading the revised amendment to the City's Smoking Ordinance, effective May 1 , 1996, reinstating the provisions related to smokeless tobacco. 2. Approve on second reading the original amendment to the City Smoking Ordinance, effective May 1 , 1996, which excludes the provisions related to smokeless tobacco. MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative # 1 , thereby approving on first reading the revised amendment to the City's Smoking Ordinance, effective May 1, 1996, reinstating the provisions related to smokeless tobacco. COUNCIL ACTION: r , Curr&, t Ordinance. 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 Cade 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 term 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 Re% 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 Rqf 98A/ (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 10- 10--75 Ord i nan.ce. 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 �, pp 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, 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) (2) No person shall smoke, or otherwise use, any cigarette, cigar, pipe, or other smoking equipment, or other tobacco product, 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 oflowa." 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 91995. Sandra L.Ryan,City Clerk Larry R.Curtis,Mayor 0369