01-016-O
ORDINANCE NO. __________

AN ORDINANCE ESTABLISHING ARTICLE VII OF CHAPTER 28 OF THE CITY CODE ENTITLED "SMOKING IN PUBLIC PLACES."

BY COUNCILOR STENBERG:

        The city of Duluth does ordain:

        Section 1.     That a new Article VII of Chapter 28 of the Duluth City Code, 1959, as amended, entitled "Smoking in Public Places" be established to read as follows:

Article VII. Smoking in Public Places.

Sec. 28-62.     Findings of fact and statement of purpose.

        (a)     The Duluth City Council finds the following facts to exist:

                (1)     Tobacco smoke is a major contributor to indoor air pollution, and breathing second hand smoke is a cause of disease, including lung cancer, in nonsmokers. At special risk are children, elderly people, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Many of these individuals cannot go into public places with second hand smoke due to their respiratory or allergenic handicap; and

                (2)     Health hazards induced by breathing second hand smoke include, but are not limited to, lung cancer, heart disease, respiratory infection and decreased respiratory function; and

                (3)     The simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to environmental tobacco smoke for which there is no known safe level of exposure;

                (4)     The state of Minnesota has not prohibited the possession or use of tobacco products, and consideration should be given to businesses who will experience undue economic hardship as a result of legislation prohibiting smoking in public places.

Sec. 28-63.     Definitions.

        (a)     Smoking or smoke. Smoking or smoke means the use or possession of ignited tobacco product, or smoking equipment, including cigar, cigarette, pipe; the chewing, ingestion, or oral use of a tobacco product. Tobacco product includes substances in combination with, or other than, tobacco, which are intended to be ignited for the purpose of releasing aroma or of being consumed by humans through the process of inhalation, or both.

        (b)     Minimum air quality controls are the following:

                (1)     Each applicable state or federal law or regulation;

                (2)     Air from an area where smoking is allowed, or occurs, shall not be transferred, by means of the building's heating-ventilating system or by other means, into an area where smoking is prohibited. Air from a section where smoking is allowed must be exhausted directly to outdoors.

                (3)     Any nonsmoking section of the premises shall be protected from any smoking section by a solid, air impervious, floor to ceiling wall with closed doors, or by a constant air flow, mechanically maintained, from the nonsmoking section to the smoking section, and then exhausting to the outdoors.

Sec. 28-64.     Smoking prohibited.

        No person shall smoke, and no person owning or controlling premises shall allow smoking, as defined herein, in any of the following locations or circumstances:

        (a)     In any place or circumstance where smoking, under the definition of any law or of this article, is prohibited by Sec. 34-40 of Duluth City Code, 1959, as amended, or its successor, or as it may be amended;

        (b)     In any place or circumstance where smoking, as defined in any law or in this article, is prohibited by the Minnesota Clean Indoor Air Act, Minnesota Statute Sec. 144.411 to 144.417, or its successor, or as it may be amended.

        (c)     In any place or circumstance where smoking, as defined in any law or in this article, is prohibited by state regulations, or new regulations, or successor regulations, or amended regulations.

        (d)     In any restaurant with a food license that does not sell or furnish alcoholic beverages, and in any bar licensed to sell or furnish alcoholic beverages for consumption on the premises, which bar has the capacity to seat over fifty customers at one time, and also serves more than a limited food menu, when the restaurant or bar does not comply with minimum air quality controls. Limited food menu includes pre-packaged and preserved foods which are delivered to the premises ready for retail sale and consumption with no preparation other than heating, or unwrapping, such as frozen pizza, pre-packaged sandwiches, potato chips.

Sec. 28-65.     Signage - designation.

        The manager of each public place subject to this article shall, consistent with law and regulation, declare the premises to be either smoke-free, or designated smoking areas, or entirely smoking allowed. The manager shall then conspicuously post signs that inform the public of the declaration. Signs shall be of the size, design, and wording required by state regulation, Minnesota Rules 4620.0500, and by city regulations promulgated by the police department.

Sec. 28-66.     Implementation.

        The minimum air quality controls requirement shall become effective at the earliest of the following times:

        (a)     When state or federal regulation requires.

        (b)     For an existing business premise, three years from the date of enactment of this article.

        (c)     For a newly constructed business premise, within two years of the date of enactment of this Article.

Sec. 28-67.     Penalties.

        Any person or entity that violates this ordinance shall be subject to the penalty set out in Section 1-7 of the Duluth City Code, 1959, as amended, or its successor, together with any administrative, civil or business license sanctions allowed by law.

        Section 2.     That this ordinance shall take effect and be in force 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance regulates smoking in indoor public areas, generally, in conformance with state law.