DISCLAIMER

06-032-O                                                          REPLACEMENT

ORDINANCE NO. __________


AN ORDINANCE REGULATING SMOKING NEAR MEDICAL FACILITIES; AMENDING DULUTH CITY CODE, 1959, AS AMENDED, BY ADDING A NEW SECTION 28-72.

BY COUNCILOR LITTLE:

The city of Duluth does ordain:

     Section 1. That the Duluth City Code, 1959, as amended, be amended by adding to Article VII a new Section 28-72 to read as follows:

Sec. 28-72.Smoking outdoors--near medical facilities.

     (a)  Medical facility means any medical hospital, medical or dental clinic;

     (b)  Public place means any public street, public sidewalk, public easement, publicly owned property, public park, publicly owned or operated parking lot or parking facility.

     (c)  Smoke or smoking means the use or possession of a lighted cigar, cigarette, pipe, tobacco smoking device or any other lighted smoking equipment.

     (d)  No person shall smoke in any public place within 100 feet of the nearest property line of a medical facility, said 100 feet measured in a straight line of constant elevation.

     (e)  The prohibition of (d), above, does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley.

     Section 2. That this ordinance shall take effect July 1, 2007.


STATEMENT OF PURPOSE:  This ordinance prohibits smoking on sidewalks and publicly-owned outdoor areas within 100 feet of a hospital or clinic. The ordinance will take effect July 1, 2007.