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					ORDINANCE NO. 70-2006 (Amended)

INTRODUCED BY: Council as a Whole and the Mayor

       AN ORDINANCE PROHIBITING SMOKING WITHIN                                   MUNICIPAL
       BUILDINGS THROUGHOUT THE CITY OF OLMSTED FALLS.

        WHEREAS, in the past twenty-five years more than 1,000 papers and studies
have been published about secondhand smoke demonstrating severe and pervasive injury
to those exposed; and

       WHEREAS, the United States Centers for Disease Control states that between
38,000 and 62,000 non-smoking Americans die every year from exposure to secondhand
smoke; and

       WHEREAS, secondhand smoke contains over 4000 chemical compounds, 200 of
which are known poisons including carbon monoxide, arsenic, cyanide, benzene and
formaldehyde; and

        WHEREAS, secondhand smoke is classified as a “Class A Carcinogen” by the
US Environmental Protection agency and, by definition, there is no safe level of exposure
to a class A carcinogen; and

        WHEREAS, the State of Ohio, through the Ohio Revised Code, specifically ORC 3791.03.1,
will be recognized and complied with through this ordinance; and

        WHEREAS, secondhand smoke has been shown to substantially increase the risk
of lung cancer, nasopharyngeal cancer, breast cancer, heart disease in adults and sudden
infant death syndrome, asthma and airway disease in children; and

       WHEREAS, nonsmoking workers chronically exposed to secondhand smoke are
on average 1/3 more likely to get lung cancer than those who aren’t exposed; and

      WHEREAS, everyone has the right to breathe clean indoor air within municipal places and
workplaces; and

       WHEREAS, no Olmsted Falls municipal employee be required to risk disease and disability
from secondhand smoke to earn a living: and

        WHEREAS, no Olmsted Falls municipal employee, citizen or guest of the City suffer the risk
or discomfort of exposure to secondhand smoke while indoors engaging in business within municipal
buildings; and

        WHEREAS, everyone, even those made vulnerable because they are young or old or ill should
be able to enter a municipal building without fear of harm from secondhand smoke; and



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      WHEREAS, the Council is sensitive to the argument that smoking, even if
harmful, is a legal activity which adults have a right to engage in; and

        WHEREAS, the Council deems it to be its duty to strike a reasonable balance
between the rights of citizens to not be subject to second hand smoke with the rights of
adults to engage in the legal activity of smoking and have taken such a measure within the municipal
buildings of the City.

    BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OLMSTED FALLS,
CUYAHOGA COUNTY, OHIO, THAT:

       SECTION 1. Definitions.
            (A)       “City” refers to the City of Olmsted Falls, Ohio.
            (B)       “Municipal Employee” means a person who is employed by the City of
                      Olmsted Falls, Ohio, or who contracts with the City of Olmsted Falls, Ohio,
                      or who otherwise performs services for the City of Olmsted Falls, Ohio in
                      consideration for direct or indirect monetary wages or profit, or any person
                      who volunteers his or her services to the City of Olmsted Falls, Ohio for no
                      monetary compensation.
            (C)       “Municipal Building” means all buildings owned by the City of Olmsted
                      Falls, Ohio
            (D)       “Municipal Vehicle” means any vehicle owned by the City.
            (E)       “Other tobacco products” means other products that are tobacco-related or
                      tobacco themselves, inclusive of smokeless tobacco products such as
                      chewing tobacco or snuff
            (F)       “Smoking” means inhaling, exhaling, burning, or carrying any lighted cigar,
                      cigarette, pipe, weed, plant, or other smoking equipment in any manner or in
                      any form. “Smoking” does not include the burning or carrying of incense in
                      a religious ceremony.
            (G)       “Smoking materials” means any cigar, cigarette, pipe, weed, plant or other
                      smoking equipment in any form.
            (H)       “Work area” means any room, desk, station or other area within a municipal
                      building, normally occupied by a municipal employee while carrying out his
                      or her primary work function within the City of Olmsted Falls, Ohio, with
                      the exception of municipal vehicles.

       SECTION 2. Prohibitions.
            (A)      The City of Olmsted Falls, Ohio shall prohibit smoking within any
                     municipal building or work area.
            (B)      The City of Olmsted Falls, Ohio shall prohibit the open use of any smoking
                     materials within any municipal building or work area.
            (C)      The City of Olmsted Falls, Ohio shall prohibit the use of any other tobacco
                     products used through other means rather than smoking within any
                     municipal building or work area




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               (D)         All areas within 10 feet immediately adjacent to the main ingress and egress
                           of any municipal building shall be subject to the provisions of this
                           Ordinance.
               (E)         This City of Olmsted Falls, Ohio shall prohibit smoking, the open use of any
                           smoking materials and the use of any other tobacco products used through
                           other means rather than smoking within any municipal vehicle.

        SECTION 3. Areas where smoking is not regulated by this Ordinance.
Notwithstanding any other provision of this Ordinance to the contrary, the following
areas shall be exempt from the prohibitions in Section 2:
                (A)       Any buildings or structures located within a public park whose primary use
                          is recreation such as pavilions, gazebos or picnic structures.

       SECTION 4. Posting of signs; prohibition of ashtrays; responsibilities of the City. In
addition to the prohibitions contained in Section 2 of this Ordinance, the City shall comply with the
following requirements:
                (A)        “No Smoking” signs or the international “No Smoking” symbol (consisting
                           of a pictorial representation of a burning cigarette enclosed in a red circle
                           with a red bar across it) shall be clearly and conspicuously-posted in every
                           municipal building where smoking is prohibited by this Ordinance. A sign
                           shall be of sufficient size to be clearly legible to one of normal vision
                           throughout the area it is intended to mark.
                (B)        Every municipal building by this Ordinance shall have posted at every
                           entrance a conspicuous sign clearly stating that smoking is prohibited.
                (C)        All ashtrays and other receptacles used for disposing of smoking materials
                           shall be removed from any area where smoking is prohibited by this
                           Ordinance, unless such ashtrays or receptacles are for ornamental purposes
                           only and are displayed in such a manner so as to preclude their use as
                           receptacles for the disposal of smoking materials.
                (D)        Ashtray receptacles outside of any municipal building, within 10 feet
                           immediately adjacent to the main ingress and egress of any municipal
                           building are permitted.
                (E)        This Section shall not be construed to permit smoking in any area in which
                           smoking is prohibited pursuant to Section 2.

       SECTION 5. Enforcement. This Ordinance shall be enforced by the Olmsted Falls, Ohio
Police Department.

        SECTION 6. Severability. If any provision, clause, sentence, or paragraph of this Ordinance
or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not
affect the other provisions of this Ordinance that can be given effect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.




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       SECTION 7. Penalties.
            (A)      Whoever violates any provision of this Ordinance is guilty of the offense of
                     smoking in municipal buildings and shall be subject to the following
                     penalties:
                     1.         For a first offense, a written warning.
                     2.         For a second offense, minor misdemeanor
                     3.         For a third offense, occurring not later than two years after the
                                first offense, the Court shall impose upon the offender a fine of
                                not less than $250.00.

       SECTION 8. Replacements. The sections of this Ordinance shall replace and redefine section
660.25 SMOKING IN CITY-OWNED BUILDINGS of the Codified Ordinances of Olmsted Falls.
Furthermore, this Ordinance shall broaden the scope of definition of section 660.24(a)(1) and
660.24(b) SMOKING IN PLACES OF PUBLIC ASSEMBLY of the Codified Ordinances of Olmsted
Falls.

         SECTION 9. This ordinance shall be effective from and after the earliest date allowed by law,
but its provisions shall not be enforced until after August 1st, 2006.



                                            Beverly B. Smith, President of Council

PASSED:


APPROVED:
                 Robert Blomquist, Mayor                   Date

APPROVED AS TO FORM:
                              Paul T. Murphy, Director of Law


ATTEST:
                 Margaret Lewis, Clerk of Council


First Reading:

Second Reading:

Third Reading:




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