HomeMy WebLinkAboutA016 - Mesa, AZ ordinance a
IAL
FAX
a
ariugPeaple City Clerk's Office
Quality Programs
Exceptional se„w;ee 515 Clark Avenue, Ames, IA 50010
Phone: 515-239-5105 Fax: 515-239-5142
TO: Steve Goodhue (Fax No. 956-3160)
FROM: Diane Voss
DATE: October 26, 2000
Information on the Mesa, AZ, ordinance is attached per your request. This fax consists of
nine pages, including this page.
- 1
Memo
City Clerk's Office
Caring People
Quality Programs
Exceptional Service
TO: Mayor and City Council
FROM: Sharon Wirth
DATE: October 25, 2000
SUBJECT: Smoking Ban in the City of Mesa, Arizona
I am providing the attached for your information and would be interested in hearing your comments.
SW/dry
Attachment
6-11-1 , 1 6-11-2
CHAPTER 11 consumption at the accessory bar are no greater
than twenty-five percent(25%)of the gross annual
receipts of the entire restaurant,for the same period
SMOKING REGULATIONS AND of time.(3287)
HEALTHIER SMOKEFREE
ENVIRONMENTS BAR: Those business premises where the Arizona
Department of Liquor Licenses and Control has
(Initiative 195-1 - Approved 3-26-96, licensed the retail sale and on-site consumption of
2112,3204,3205,3218,3287) alcoholic beverages,and fifty percent(50%)or more
of the business' gross annual revenues, for every
consecutive twelve-month period,are derived from
SECTION: the sale of alcoholic beverages. (2112,I95-1,3287)
6-11-1: Purpose DESIGNATED SMOKING AREA:Means: (3287)
6-11-2: Definitions
6-11-3: Regulation of Smoking,City Property (A) An indoor area where smoking is allowed under
6-11-4: Regulation of Smoking in Public this Chapter that is physically separated and
Places independently ventilated from smokefree areas,so
6-11-5: Regulation of Smoking in Places of that air within designated smoking areas allowed
Employment under this Chapter does not drift or get vented into
6-11-6: Where Smoking is Allowed any smokefree areas.The SuperintendentofBuilding
6-11-7: Sign Posting Inspections may authorize mechanical separation
6-11-8: Bars and Restaurants of a designated smoking area from smokefree areas,
6-11-9: (Reserved) in lieu of a full physical barrier with self-closing and
6-11-10: Hardship Situations tight-fitting doors,if:(3649)
6-11-11: Chapter not to Excuse
Noncompliance with Other
Measures 1. The applicant demonstrates to the reasonable
6-11-12: Enforcement satisfaction of the Superintendent that the proposed
6-11-13: Nonretaliation mechanical separation system will not expose
6-11-14: City Manager Implementation nonsmokers to secondhand smoke,will otherwise
Decisions meet the purposes and intent of this Chapter,and
6-11-15: (Reserved) will comply with all applicable building codes;and
6-11-17: (Reserved) (3649)
6-11-18: (Reserved)
6-11-19: (Reserved) 2. There are no more than two (2) openings to the
6-11-20: (Reserved) designated smoking area;and(3649)
6-11-1: PURPOSE: 3. Each opening to the designated smoking area shall
Since the active smoking of tobacco and be cased and sized for a standard door(T maximum)
the inhalation of environmental tobacco smoke(ETS) are orpairof doors(8'maximum)based ondemonstrated
dangers to human health and the most prevalent cause of need;and(3649)
preventable death, disease,and disability, as well as are
annoyances, inconveniences, discomforts, and general 4. The signage required by this Chapter is located at
health hazards to those who are involuntarily exposed to eye-level for adults. (3649)
such,and in order to serve the public health,safety,and
welfare,the declared purpose of this Chapter is to protect However, under no circumstances shall the
people from dangerous,unnecessary,and/or involuntary designated smoking area exceed in size the
health risks by prohibiting the smoking of tobacco or any smokefree area in that facility. Moreover, the
other plant in City or public places and places of smoking area shall not include the entry lobby,
employment,as defined in this Chapter. (2112,I95-1) waiting areas, rest rooms, or areas where minors
may customarily congregate in that facility. The
6-11-2: DEFINITIONS: designated smoking area shall be constructed so
that nonsmoking customers can receive all services
ACCESSORY BAR:A place within a restaurant for the provided by that business without walking through
incidental service of alcoholic beverages and the smoking area and without exposure to tobacco
associated snacks,appetizers,and other products smoke. Repeated and confirmed violations
for on-site consumption. For purposes of this pertaining to the infiltration of smoke particulates
paragraph,"incidental"means that the gross annual into nonsmoking areas may result in recision of any
receipts,forevery consecutive twelve-month period, alternatives to a smokefree environment offered in
from the sale of alcoholic beverages, associated this Section,or annulment of the privilege to allow
snacks, appetizers, and other products for any smoking within the establishment.(3287,3649)
September 1999
6-11-2 , 6-11-4
(B) A designated smoking area may also include the equipment in one's mouth for the purpose of inhaling
grounds of a building or other facility required to be and exhaling smoke or blowing smoke rings;
smokefree under this Chapter when the designated (2112,I95-1,3287)
outdoor smoking area is at least fifteen feet (15)
away from nonsmoking patrons and the public (B) Placing of a lighted cigarette,cigar,or pipe or any
entrances and exits of the facility. (3287) other lighted smoking equipment in an ashtray or
other receptacle and allowing smoke to diffuse in
EMPLOYEE: Any person who is employed by any the air;(2112,195-1,3287)
"employer"for direct or indirect monetary wages or
profits. (2112,I95-1,3287) (C) Carrying or placing of a lighted cigarette, cigar,or
pipe orany otherlighted smokingequipment in one's
EMPLOYER: Any person or entity employing the hands or any appendage or devices and allowing
service of an"employee." (2112,195-1,3287) smoke to diffuse in the air.(2112,I95-1,3287)
PLACE OF EMPLOYMENT:Any area under control of a SMOKEFREE:No tobacco or other plant smoke and
private or public employer that is used as a freedom from inhaling environmental tobacco
workplace for employees. (2112,I95-1,3287) smoke (ETS) or passive smoke, including
secondhand smoke generated by an active smoker
PUBLIC PLACE: Any area available to, and orsidestream smoke orfumes from any such burning
customarily used by, the public, including areas material, device,or ashtray that continues to emit
closed in by a roof and walls with openings for such tobacco smoke or fumes from lighted or
ingress and egress,and any areas used for public extinguished smoking materials.(195-1,3287)
gatherings where persons are seated,standing,or
otherwise there for a common purpose such as SUPERINTENDENT OF BUILDING INSPECTIONS: The
attendance at or waiting lines for events in a park, public officer appointed to that position by the City
amphitheater,stadium,or other assembly area so Manager,or such other person as the City Manager
designated or allowed by the City of Mesa for a shall designate. (3287)
legal event.Public places regulated by this Chapter
shall include, but not be limited to: grocery and TOBACCO SHOP:Means: (3287)
other retail stores,waiting rooms,public and private
schools, doctors' office buildings, pharmacies, (A) An exclusively retail business, (3287)
hospitals and nursing homes,community centers,
child care centers, any group meeting places for
children's clubs, scout troops, or other child-/ (B) That is not part of a larger store,and (3287)
youth-centered organizations, public rest rooms,
lobby and public service areas of hotels, motels, (C) That derives at least ninety percent(90%)of its gross
sports/recreational facilities, restaurants, and all annualrevenue,for everyconsecutive twelve-month
public places regulated by A.R.S.§36-601.01. A period,from the retail sale of tobacco products and
public place shall also include all places identified smoking equipment. (3287)
under Arizona or federal law as a place of public
accommodation. (195-1,3287) 6-11-3: REGULATION OF SMOKING,CITY
PROPERTY:
RESTAURANT: A facility regularly open for the All buildings and vehicles owned,
primary purpose of serving food prepared for leased,or occupied by the City of Mesa shall be subject
consumption, either on or off the premises, to to the provisions of this Chapter, as well as outdoor
customers for compensation, including those that areas or facilities, the primary intended use of which
also serve alcoholic beverages from an accessory requires persons to assemble,such as group seating or
bar.For purposes of this Chapter only,a"restaurant" standing or waiting in lines, thus exposing them to
shall have annual gross revenue from the sale of inhalation of ETS,excepting designated smoking areas
food exceeding fifty percent (50%) for every as per Section 6-11-5(A)3. (2112,195-1)
consecutive twelve-month period, excluding,
however,food such as appetizers,snacks,and other 6-11-4: REGULATION OF SMOKING IN
food products consumed in an accessory bar which PUBLIC PLACES:
the owner chooses to designate as a smoking area No person shall smoke in any public
under this Chapter. (2112,195-1,3287) place when the public gathers together for any purpose
or event,except in a bar whose owner chooses to allow
SMOKE OR SMOKING: Means and includes: smoking,in a designated smoking area meeting all the
(2112,I95-1,3287) requirements of this Chapter,or pursuant to a hardship
exception or phase-in as prescribed in this Chapter.
(A) Carrying or placing of a lighted cigarette,lighted (2112,I95-1,3204,3287)
cigar,or lighted pipe or any other lighted smoking
September 1999
6-11-5 , 1 , 1 6-11-6
6-11-5: REGULATION OF SMOKING IN when the public or residents gather in those areas,
PLACES OF EMPLOYMENT: as are private residences required to be smokefree
when used as commercial child care or health care
(A) On or before March 1, 1997,each employer in each facilities.(195-1,3205,3287)
place of employment within the City shall adopt,
implement,maintain,and announce to its employees (B) Hotel and motel rooms rented to guests which may
a smoking policy containing at a minimum the include rooms specified as permitting smoking
following requirements:(2112,I95-1,3287) within rooms so designated.(195-1,3287)
1. Except as set forth below,all workplace areas shall be (C) Private clubs,including fraternal lodges, meeting
"smokefree"as previously defined in Section 6-11-2. the definition of private clubs rather than places of
095-1,3287) public accommodation under the 1964 Civil Rights
Act, as amended, conducting private functions
2. Smoking is prohibited in conference rooms,meeting where the public is notinvited,welcomed,or served,
rooms,classrooms,auditoriums,cafeterias,kitchens, hence not charged for services,will be expected to
lunchrooms, employees' lounges, rest rooms set their own policies relative to smoking control
provided by employers for employee use, and in within their private facilities.Private clubs do not
waiting areas, including outdoor waiting lines, include establishments holding public liquor
hallways,stairways,elevators,and areas common licenses from the Arizona Department of Liquor
Licenses and Control,orclubs formed to circumvent
to all employees. (2112,I95-1,3287) this Chapter where persons pay nominal dues or
the"members"do not control the operation of the
3. A separate smoking area outdoors which does not "club." 095-1,3287)
require others to walk through it upon entering or a
smoking area indoors which is separately
c �) Where smoking or smoking materials are being
constructed and negatively pressure ventilated
using a separate cooling and/or heating ventilation used toexercise protected First Amendmentactivity,
system may be provided at the option of the such as smoking materials used for bona fide
employer.However,if an employee complains to religious purposes. (3287)
the employer or the City that smoke is drifting or
being vented out of the designated smoking area (E) Tobacco shops.However,if a tobacco shop shares a
and interfering with nonsmokers,and the employer common ventilation system with an area required
or the City confirm that as a fact,the employer shall to be smokefree under this Chapter, the tobacco
repair,relocate,oreliminate the designated smoking shop must meet the requirements of a designated
area. (195-1,3287) smoking area beforesmokingcan occur there.(3287)
4. Nothing in Chapter 11 shall require an employer to (F) Hotel, motel, wedding chapel, reception center,
construct,purchase,or otherwise provide orfacilitate restaurant,and any other bona fide conference or
any smoking area,and nothing in Chapter 11 shall meeting rooms while these are being used
preclude the designation of the total premises as exclusively for, or leased exclusively for, private
smokefree at the option of the employer.095-1,3287) meeting functions to which the public is not invited
or allowed to attend.However, if a conference or
meeting room shares a common ventilation system
(B) No employee shall be retaliated against in any with an area required to be smokefree under this
fashion,nor subject to termination or to disciplinary Chapter, the conference or meeting room where
action as a result of his complaint about smoking smoking is allowed must meet the requirements of
violations in the workplace.(2112,195-1,3287) a designated smoking area before smoking can occur
there.(3287)
6-11-6: WHERE SMOKING IS ALLOWED:
(G) In a designated smoking area meeting the
(A) A private residence or public housing dwelling requirements of this Chapter.(3287)
unit, but the common areas and common open
space, as defined in Title 11. Mesa City Code, of (H) In a building or facility operating under a hardship
public housing projects and private multiple-and exception or phase-in, as allowed pursuant to an
single-residence developments that are accessible order of the Superintendent of Building Inspections
to the public or the residents of the project or under this Chapter.(3287)
development(such as lobbies,playgrounds or"tot
lots,"elevators,and recreation areas,whether located
indoors or outdoors)are required to be smokefree 0) In any building,facility,or area not required to be
q smokefree under this Chapter.(3287)
September 1999
6-11-7 . , , 6-11-10
6-11-7: SIGN POSTING: (B) All restaurants shall be smokefree, except the
restaurant owner may choose to allow smoking:
(A) "No Smoking" signs, "Smokefree" signs, "This is a (3287)
Nonsmoking Establishment" sign, or the
international"No Smoking"symbol shall be clearly 1. In an accessory bar if it is a designated smoking area
and conspicuously posted by the owner/operator/ meeting all the requirements of this Chapter; or
manager/employer or other person in control in (3287)
enclosed areas where smoking is prohibited by this
Chapter, including each entry point. The owner, 2. If the restaurant owner applies for,is granted,and
manager,operator,or other person having control complies with a hardship exception or phase-in
of a business or facility shall remove all ashtrays and under this Chapter. (3287)
other smoking paraphernalia fromall areas required
to be smokefree under this Chapter.(2112,I95-1,3287) 6-11-9: (RESERVED)(3287)
(B) Where smoking is permitted indoors under this 6-11-10: HARDSHIP SITUATIONS'
Chapter,the owner shall conspicuously post a sign
stating"Designated Smoking Area"at all entrances
to that area.All bars that choose to allow smoking (A) Hardship Phase-in. As of December 20, 1996*,the
throughout their facility shall post a sign on all owner of an existing business or facility required to
outside entry doors stating "This is a Smoking be smokefree under this Chapter may apply to the
Establishment,and Does Not Provide a Nonsmoking Superintendent of Building Inspections for a phase-
Area." All signs designating smoking areas or in of part or all of the structural,HVAC, signage,
smoking establishments under this Chapter shall and other requirements of this Chapter applicable
also state that "Minors May Not Enter Unless to designated smoking areas. The Superintendent
Accompanied and Supervised by a Parent or Legal may grant a phase-in period of up to one (1)year.
Guardian." It is unlawful for an owner, manager, Hardship applicants shall bear the burden of
operator,or other person in control of a business or showing that immediate implementation of the
facility to allow minors to enter any area where requirements of this Chapterwould create an undue
smoking is permitted under this Chapter unless financial hardship. (3287)
each minor is accompanied and supervised by a
parent or legal guardian. (3287) 1. For purposes of this Section, an "undue financial
hardship" means that the owner does not have
(C) If a building or facility has both smokefree areas and current funds,or the current ability to borrow and
a designated smoking area, the owner, manager, repay funds,necessary and sufficient to remodel the
operator,or other person in control of that building owner's facility to comply with this Chapter.(3287)
shall conspicuously post a sign at all initial entry
points clearly indicating that "This Establishment 2. A hardship phase-in application shall contain the
Provides Both Smoking and Nonsmoking Areas." following:(3287)
The owner,manager,operator,or other person in
control of such a building or facility shall also clearly (a) An estimate from an appropriately licensed
indicate inside the building or facility,through the contractor of the costs of complying with this
signs required in paragraphs(A)and(B) above,in Chapter;(3287)
which areas smoking is permitted and in which
areas smoking is prohibited.(3287)
(b) Mesa sales tax and other financial statements for
the most recent annual period purporting to
(D) All signs and symbols required under this Chapter show an undue financial hardship on the
shall have letters or symbols no smaller that three
inches(3")in height.(195-1,3287) applicant; (3287)
6-11-8• BARS AND RESTAURANTS' (c) A time and task schedule for complying with all
(3204,3218,3287) requirements of this Chapter should a hardship
phase-in be granted; (3287)
(A) Smoking is allowed throughout all bars and their
grounds (other than accessory bars in restaurants)
providing it does not affect nonsmoking areas.(3287)
*The original text of Ordinance 3287 refers to"the effective date."Because the ordinance was enacted on an emergency basis,the
effective date is December 20, 1996.
May 1997
6-11-10, , . . 6-11-10
(d)A sworn statement explaining how the applicant (c) A sworn statement that the applicant shall
will protect the health of employees and the comply with the terms of the Superintendent's
public from secondhand and sidestream smoke hardship exception order,including structural,
during a phase-in period; (3287) HVAC,periodic reevaluation of the grounds for
a smoking hardship exception,and such other
(e) A sworn statement that the applicant shall requirements the Superintendent may deem
completely fulfill the structural,HVAC,signage, reasonably necessary to protect the health of
and all other requirements of this Chapter employees and the public. (3287)
applicable to designated smoking areas in that
facility in accordance with its submitted time (C) Application. (3287)
and task statement and within the hardship
phase-in period,if granted;(3287) 1. As ofDecember 20,1996*,ifa person owns a business
or facility subject to this Chapter and wishes to
(0 A description of all efforts the applicant has apply for a hardship smoking phase-in,that person
made,and which reasonably could be made,to shall apply to the Superintendent of Building
operate the business or facility successfully Inspections within sixty (60) days of
within a smokefree environment.(3287) December 20, 1996*. (3287)
(B) Hardship Smoking Exception. As of 2. As of December 20,1996*,if a person owns a business
December 20, 1996*, the owner of an existing or facility subject to this Chapter and wishes to apply
business or facility required to be smokefree under for a hardship smoking exception,that person shall
this Chapter but wishing to allow smoking apply to the Superintendent of Building Inspections
throughout the owner's business or facility may within one year of December 20,1996*.(3287)
apply to the Superintendent of Building Inspections
for a hardship smoking exception allowing smoking 3. All operationswithin new businesses or new facilities
in an area or areas otherwise required to be constructed or remodeled after December 20, 1996*
smokefree under this Chapter. Applicants shall
shall comply with the provisions of this Chapter,and
bear the burden of showing that operating
s are not eligible for a hardship exception or phase-in.
smokefree in part or all of their premises has created
an undue financial hardship. (3287) (3287)
1. For purposes of this Section,evidence of a fifteen 4. If a person submits a complete application for a
percent(15%),or more,reduction in gross revenue hardship phase-in or exception within the time
over the applicable period of time shall constitute frames set forth above,and works in good faith to
prima facie evidence and a rebuttable presumption fulfill the requirements of this Chapter and the
of an"undue financial hardship." (3287) orders of the Superintendent of Building Inspections,
the Superintendent may temporarily permit
smokingin areas otherwise required to be smokefree
2. An application for a hardship smoking exception under this Chapter until the Superintendent finally
shall contain the following:(3287) grants or denies the application.(3287)
(a) A description of all efforts the applicant has 5. If a person fails to submit a complete application for
made, or which reasonably could be made, to a hardship phase-in or exception within the time
operate the business or facility successfully frames set forth above, or fails to fulfill the
within a smokefree environment.(3287) requirements of this Chapter or the orders of the
Superintendent of Building Inspections in
(b) Mesa sales tax statements comparing sales processing such application,the business or facility
receipts for a four-month period of compliance must be smokefree as required under this Chapter,
under this Chapter and the same four-month or the owner,manager,tenant,and other person(s)
period in the year prior to compliance,or other in control of the premises are subject to enforcement
comparable period acceptable to the action under this Chapter. (3287)
Superintendent of Building Inspections. (3287)
*The original text of Ordinance 3287 refers to"the effective date."Because the ordinance was enacted on an emergency basis,the
effective date is December 20, 1996.
May 1997
6-11-10 , , , 6-11-12
(D) Investigation and Decision.The Superintendent of For each petty offense thereafter,the violator shall
Building Inspections, or designee, may hold an be subject to Class One criminal misdemeanor
administrative hearing to review a hardship prosecution in the Mesa Municipal Court as an
application under this Section, and the habitual offender.For each violation as an habitual
Superintendent may conduct such other offender,the defendant is subject to a minimum fine
investigation and review as the Superintendent of five hundred dollars($500.00),a maximum fine of
deems necessary.The applicant shall cooperate with two thousand five hundred dollars ($2,500.00),six
the Superintendent's investigation. (3287) (6) months in jail, or both such fine and
imprisonment.(195-1,3287)
1. The Superintendent of Building Inspections may
grant a hardship phase-in or hardship smoking (B) Against the Owner, Manager, and Tenant of a
exception subject to such terms and conditions as Facility.All owners,managers,operators,tenants,
the Superintendent deems reasonably necessary to or other persons in control of an establishment or
protect the health and safety of employees and the area regulated under this Chapter ("responsible
nonsmoking public,in light of the"Purpose"section party") are jointly and individually liable for
of this Chapter(6-11-1),and the preamble circulated compliance with this Chapter. (195-1,3287)
among the voters as partofProposition200(Initiative
95-1) (see footnote on next page).(3287) 1. Upon a determination of reasonable cause that a
responsible party has failed to fulfill a requirement
2. The decision of the Superintendent of Building of this Chapter or to maintain a smokefree
Inspections granting or denying a hardship environment where required under this Chapter,
application under this Section is subject to appeal as the Superintendent of Building Inspections, or
a special action in the Maricopa County Superior designee,may issue and serve upon the responsible
Court,to the extent and in the manner provided in party a notice of civil violation stating the nature of
Volume 17B,A.R.S.(3287) the violation. The notice shall be in the form
established by the Superintendent of Building
(E) No Application or Permit Fees. The City shall not Inspections. Service shall be made by mailing a
assess or collect any application fee or charge for copy thereof to the place of business by certified or
hardship exceptions or phase-ins. Furthermore, if registered mail.Service shall be deemed completed
remodeling of existing structures,as of December 20, when so mailed. (2112,I95-1,3287)
1996*, is undertaken solely for the purpose of
complying with the smokefree requirements of this 2. Within ten (10) days of service of said notice, the
Chapter,no Mesa building permit fees or other City- responsible party shall either pay the fine to the
imposed charges shall be assessed or collected due to Superintendent of Building Inspections,or designee,
such remodeling.(3287) or request a hearing on the violation by filing a
written request for hearing with the Superintendent.
6-11-11: CHAPTER NOT TO EXCUSE If the responsible party pays the fine,the allegations
NONCOMPLIANCE WITH OTHER in the notice shall be deemed admitted, and such
MEASURES: person shall be deemed responsible for having
Nothing in this Chapter excuses committed the offenses described in the notice.If a
noncompliance with any Mesa Code(including the Mesa hearing is requested,the City Manager shall appoint
Zoning Code), county, state, or federal law (such as a Hearing Officer. (2112,I95-1,3287)
Occupational Safety and Health Administration standards),
or any rule or regulation adopted pursuant thereto.(3287) 3. Failure to respond timely to a notice of violation
shall result in a default judgment finding the party
6-11-12• ENFORCEMENT: responsible for the violations described in the notice
and imposing the penalties provided for in this
Chapter.Unpaid judgments,whether by default or
(A) Against the Smoker.Any person who smokes in an after hearing,may be recorded as liens against the
area required to be smokefree under this Chapter responsible party's property.(2112,I95-1,3287)
shall be subject to citation fora petty offense.For the
first petty offense,the fine is one hundred dollars
($100.00). For the second petty offense, the fine is
two hundred dollars ($200.00).For the third petty
offense,the fine is three hundred dollars($300.00).
*The original text of Ordinance 3287 refers to"the effective date."Because the ordinance was enacted on an emergency basis,the
effective date is December 20, 1996.
May 1997
6-11-12. . . 6-11-14
4. Each instance of noncompliance with this Chapter or necessary to validate compliance with this Chapter.
each instance of failure to maintain a smokefree (3287)
environmentwhere required underthis Chaptershall
constitute a separate civil offense.For the first civil (D) Suspension,Revocation of Hardship Exception or
offense,the fine is one hundred dollars($100.00).For Phase-in. A material change in circumstances or
the second civil offense, the fine is two hundred failure of any person to comply at all times with all
dollars($200.00).For the third civil offense,the fine is terms and conditions of a hardship exception or
three hundred dollars ($300.00). For each offense phase-in shall be grounds for revocation or
thereafter, the violator shall be subject to criminal suspension of the hardship exception or phase-in
misdemeanor prosecution in the Mesa Municipal that was granted. The Superintendent of Building
Court as an habitual offender.For each violation as an Inspections is authorized to initiate revocation or
habitual offender, the defendant is subject to a suspension proceedings pursuant to the civil hearing
minimum fine of five hundred dollars ($500.00), a procedures in this Section.(3287)
maximum fine of two thousand five hundred dollars
($2,500.00),six(6)months injail,or both such fine and 6-11-13: NONRETALIATION•
imprisonment.(3287)
No person or employer shall discharge,
refuse to hire, or in any manner retaliate against any
5. If the Hearing Officer or judge determines that a employee,applicant for employment,customer,or other
violation of this Chapter has occurred, they shall person because such person exercises any right to a
issue an order imposing a sanction in accordance smokefree environment afforded by this Chapter.(3287)
with the schedule in paragraph 4 above and in
addition,shall assess against the responsible party 6-11-14: CITY MANAGER IMPLEMENTATION
the City's personnel, mailing, and other costs
incurred in investigating and hearing the case. DECISIONS:
(2112,I95-1,3287) Any affected person with questions about
the implementation of this Chapter and desiring written
guidance indicating how the City will apply this Chapter
(C) Inspection and Investigation. To the maximum may write to the Mesa City Manager,P.O.Box 1466,Mesa,
extent allowed by law, the Superintendent of AZ.The City Manager is authorized to provide binding,
Building Inspections,or designee,is authorized to written direction in response to such requests. Such
inspect for compliance with all requirements of this direction shall be consistent with the purposes of this
Chapter and the Mesa City Code, including all Chapter,as reflected in Section 6-11-1,and the preamble
technical requirements the Superintendent is circulated among the voters as part of Proposition 200
authorized to develop under this Chapter and any (Initiative 95-1)**.The City Manager's directions shall also
hardship order the Superintendent may issue under be consistent with the City Charter's requirement that the
this Chapter. The Superintendent's authority City Manager faithfully execute all laws of the City, the
includes,butis notlimited to,requiring information City Charter, and all acts of the City Council. The City
from persons subject to the Mesa City Code and Manager's directions under this Section are subject to
investigating the truth of that information, as challenge in the Maricopa County Superior Court under
necessary to determine compliance with the City the special action provisions, Volume 17B, A.R.S.,to the
Code. Persons regulated under this Chapter shall extent and in the manner provided therein. (3287)
retain for at least three (3) years all information
**The text of Proposition 200(Initiative I95-1)contained the following preamble:
WHEREAS the city of Mesa adopted Ordinance 2112 Sept.8,1986,and since that timemuch more scientific and medical research is reported
from the U.S.Environmental Protection Agency(EPA),the U.S.Surgeon General and other researchers,more fully documenting the health
risks and health effects of both active and passive smoking;and
WHEREAS smoking is the most prevalent and preventable cause of death in the U.S.A.,leading to more than twice as many deaths as the
other leading causes combined(including alcohol,illegal drugs,motor vehicles,murders,suicide,AIDS,fires,firearms,etc.);and
WHEREAS the EPA has determined that"widespread exposure to environmental tobacco smoke(ETS)in the United States presents a
serious and substantial public health impact"and that ETS contains many harmful chemicals and carcinogens and is a serious health risk
to human beings,especially to infants,children,and pregnant women;and
WHEREAS in children,in the U.S.A.,ETS exposure is causally associated with hundreds of thousands of respiratory infections and up to
a million cases of increased severity of asthma,as well as being a serious risk factor for new cases of asthma in children;and
WHEREAS an increasing majority of voters in Mesa(nearly 75%)"support a complete ban on smoking in public places"as reported by
O'Neil Associates'Valley Monitor Poll,in a public opinon survey of Mesa registered voters,OCTOBER 1994.
May 1997