HomeMy WebLinkAboutA011 - red-line revisions to ordinance �o - IO _o� A�tt
- City Attorney's Office
515 Clark Avenue,P.O.Box 811
caring Pe Ames,IA 50010
Quality Progra„cs Phone: 515-239-5146 • Fax: 515-239-5142
October 10, 2000
OCT ; 0 2000
The Honorable Ted Tedesco, Mayor,
and Members of the City Council CITY IT CLERK
MES,IOWA
of the City of Ames, Iowa
Re: Smoking Ordinance 1I
Dear Mayor Tedesco and Council Members:
After watching the Mayor's interview on Channel 12 last night, I prepared the attached"red-line"
revision of the ordinance so as to prohibit designation of a"smoking area" in any"public place".
Yours truly,
John R. Klaus
City Attorney
JRK:gmw
Attachment
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY ENACTING A NEW CHAPTER 21A CONSISTING OF
SECTIONS 21A.100 THROUGH 21A.300 FOR THE PURPOSE OF
PROHIBITING THE DESIGNATION OF SMOKING AREAS IN CAN
PUBLIC PLACES IN ACCORDANCE WITH CHAPTER 142B CODE OF
IOWA;PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS,"smoking",as defined by Subsection 14213.1(4)Code of Iowa,is,by Subsection 14213.2(1)Code
of Iowa, prohibited in a "public place" as defined by Subsection 142B.1(3) Code of Iowa, except in a designated
"smoking area";and,
WHEREAS,"smoking areas"may be designated,pursuant to Subsection 142B.2(2)Code of Iowa,by persons
having custody or control of public places except in places where smoking is prohibited by ordinance;and,
WHEREAS,it is found that smoking areas have been designated in many restattrants such public places in this
city;and,
WHEREAS,it is found that the designation of smoking areas in its those public places has subjected
persons to the deleterious harmful effects of tobacco smoke on their health,and curtailed the
number of restattrwits public places that can be enjoyed by persons who have an allergy or other heightened sensitivity
to smoke;and,
WHEREAS,it is deemed to be in the interest of the public health and the economic welfare of the community
that designation of smoking areas be prohibited in restaurants such public places that are pefteftitedfrequented,for the
most part,by residents of this city;
NOW,THEREFORE,be it ordained,by the City Council for the City of Ames,Iowa;
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by adding
a new Chapter 2 1 A as follows:
"CHAPTER 21A
SMOKING IN PUBLIC PLACES
See.21A.100. PURPOSE.
The purpose of the provisions of this chapter, Sections 21A.100 through 21A.300 of the
Municipal Code of the City of Ames,Iowa,is to augment the provisions of chapter 14213, Sections
142B.1 through 142B.6 Code of Iowa,by prohibiting smoking, as smoking is defined by Section
142B.1(4)Code of Iowa, in eerta public places,as `public place' is defined in Section 142B.1(3)
Code of Iowa, to prevent the designation in those eerta public places of any smoking area in
accordance with Section 142B.2(2)Code of Iowa.
Sec.21A.101. PUBLIC PLACES WHERE SMOKING IS PROHIBITED.
Smoking,as defined by Subsection 14213.1(4)Code of Iowa,is prohibited in any establishment
that is a`public place' as defined by Subsection 142B.1(3)Code of Iowa. ,Where food is prepared
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and stibjeet to the lawa sales tax.-
Sec.21A.102. DESIGNATION OF SMOKING AREA PROHIBITED.
The person having custody or control of any place that is a `public place' as
defined by Section 142B.13 Code of Iowa,where food is prepared or seffed for individual portion
serviee 4ttended for eattsttr"tiait on the premises of the establisih-netit shall not designate any part
or portion of that place as a smoking area pursuant to Section 142B.2(2)Code of Iowa.
Sec.21A.200. EXCEPTION FOR INTERSTATE TRUCK STOPS.
The provisions of Section 21A.101 and 21A.102 shall not apply to an establishment that: a)
is located within 1,000 feet of Interstate Highway 35,b)provides parking places for more than twelve
semi-tractor trailers,and c)has filed with the City Clerk the sworn affidavit of the person in custody
and control of the establishment that the establishment has,in addition to its food service sales,sales
of diesel fuel that on average,over a calender year,amount to more than twelve thousand gallons per
month,as shown by records made in the regular course of that establishment's business and filed with
the said affidavit.
oee.21A.201. vn PTION FORA 1 C-01101 1C-7)T`VEPI AGE EST A B TSL7T.TEN
establishment,
tha
the establishmettt has monthly sales of aleaholie beverages,as defined by Seetiott 124.�(4)Gode 0
lowa,for eonstmV4ott ott the premises of the establishment that,an average, over a ealeitdar year,
arnotmf to more thatt 50%of the average matithly gross revetrde of the establishittent, as shown by
reeards made in the regelar eourse of that establisitmettt's business and filed With the said affida-vit.
Sec.21A.300. PENALTY.
1. Designation of a smoking area in violation of Section 21A.102 shall be a municipal
infraction punishable by a civil penalty of$500 for a person's first violation thereof, and a penalty
of$750.00 for each repeat violation.
2. Smoking in violation of Section 21A.101 shall be a municipal infraction punishable by
a penalty of$25.00."
Section Two. If any section, subsection, sentence, clause or other part or portion of this ordinance shall be
adjudicated invalid,all the rest and remainder of this ordinance shall be and remain in full force and effect.
Section Three. Violation of this ordinance shall constitute a municipal infraction punishable as herein provided.
Section Four. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict,if any.
Section Five. This ordinance shall be in full force and effect on January 5,2001.
Passed this day of ,
Diane R.Voss,City Clerk Ted Tedesco,Mayor
0594
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