|
|
|
|
Chapter 28 of Warrensburg’s Code of Ordinances to ban smoking in enclosed public places is intended to promote public health for all Warrensburg citizens. The City of Warrensburg has provided the following information to assist residents and busniesses with the transition to making Warrensburg facilities smoke-free and ultimately healthier places for citizens and employees.
Effective Dates
The effective date for Chapter 28 is November 23, 2010 for any location where there is a “No smoking” symbol visible or that is defined in the Ordinance as being a smoke-free facility. |
Chapter 28 defines Public Places as being “All Enclosed Public Places and Enclosed Places of Employment, including the entrance or exit to such building.” This definition includes elevators, restrooms, malls, sports arenas, convention facilities, restaurants, place of meeting, and any other facility that is represented in the above definition, less those that are exempt.
Places Where Smoking is Allowed
- Private residences, not serving as enclosed Places of Employment or Enclosed Public Places including private or semi-private rooms in long-term care facilities when all occupants agree and the same is permitted by the facility;
- Retail Tobacco Stores;
- 20% of hotel and motel rooms as may be permanently designated as Smoking rooms, or a higher percentage adjusted by the hotel or motel when on a given date it has a 75% or greater occupancy rate due to the booking of guests for conventions or meetings and needs to meet the demands, provided the hotel or motel cleans those added rooms in a manner sufficient to remove the odor and particulate residue of smoking before they are again occupied as non-smoking rooms;
- Business establishment where more than 80% of the volume of trade or business carried on is that of the blending of tobaccos, or the sale of tobaccos, pipes, cigars or smokers. See Section 28-5 (d) (1)-(3) for additional provisions;
- Performers while on stage during a theatrical production performance;
- Patio or outdoor areas of any business;
- Areas designated as “smoking areas” by any state agency or state institution of higher education that is ventilated adequately;
- Private Clubs as defined in Section 28-2 and 28-8.
Only with the cooperation of local businesses will Chapter 28 of Warrensburg’s Code of Ordinances that bans smoking in Enclosed Public Places work to promote public health. The City of Warrensburg wants to help businesses understand and prepare accordingly for the regulations that will become effective November 23, 2010, in order to facilitate a smooth transition to a smoke-free establishment. The following information has been provided for this purpose.
Business Requirements
Chapter 28 of the Warrensburg Code of Ordinances requires Public Facilities where smoking is prohibited to:
- Conspicuously post at every entrance “No Smoking” signs or the international “No Smoking” symbol.
- Remove all ashtrays and smoking receptacles from any area where smoking is prohibited.
- Business owners, managers and employers should know they are responsible for compliance with the regulations.
Violations and Penalties
- Any person who violates Chapter 28 of the Warrensburg Code of Ordinances by smoking in an area where smoking is prohibited shall be guilty of an infraction, punishable by:
- A fine not exceeding $500 and up to 90 days confinement.
- The proprietor, owner, manager or person who controls an Enclosed Public Place or Enclosed Place of Employment and who knowingly fails to comply with Chapter 28 shall be guilty of an infraction punishable by:
- A fine not exceeding $500 and up to 90 days confinement.
Accountability
Chapter 28 of the Warrensburg Code of Ordinances defines two responsible parties:
- The individual(s) who choose to smoke in a prohibited place.
- And/Or The proprietors, owners and managers or other person who controls an Enclosed Public Place or Enclosed Place of Employment.
Enforcement/Filing a Complaint
Violations will be investigated on a complaint basis by the Warrensburg Police Department. To report a violation, call Central Dispatch at (660)747-2265. For questions concerning the ordinance, please contact the City of Warrensburg at (660) 747-9131
If business owners or managers experience individuals who insist on smoking in prohibited areas, follow your business’ normal procedure for dealing with unruly customers. If the customer refuses to comply with no smoking, you may contact the Police Department by calling (660) 747-2265. If they are belligerent, threatening or causing a disturbance dial 9-1-1.
|
|
|