HomeMy WebLinkAboutORD 7622 TO RESTRICT SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN PLACES OF PUBLIC ACCOMMODATION- SMOKING BAN ORDINANCE NO. '1 (22, 2_
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY
ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW
SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4-2-97; TO
REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT
SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN
PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE
SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE
DATE AND FOR OTHER PURPOSES.
Whereas, secondhand smoke kills approximately 1,500 Georgia citizens every year; and
Whereas, 21% of adults in Augusta are still exposed to secondhand smoke at work; and
Whereas, Richmond County ranks 124 out of 159 Georgia counties in health; and
Whereas, according to the Economic Impact Evaluation of the 2010 Savannah Smoke-Free
Air Ordinance by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section
and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public
Health, there was a 94% decrease in indoor air pollution after 1 year and no impact on
taxable sales revenue for bars and full-service restaurants after adjusting for time,
seasonality, etc; and
Whereas,the 2006 U.S. Surgeon General's Report,the Health Consequences of Involuntary
Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes
disease and premature death in children and adults who do not smoke; (2) children exposed
to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS),
acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents
causes respiratory symptoms and slows lung growth in their children; (3)exposure of adults
to secondhand smoke has immediate adverse effects on the cardiovascular system and
causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure
to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to
ensure that secondhand smoke exposure does not occur in the workplace, because
ventilation and other air cleaning technologies cannot completely control for exposure of
nonsmokers to secondhand smoke; and(6)evidence from peer-reviewed studies shows that
smokefree policies and laws do not have an adverse economic impact on the hospitality
industry; and
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Whereas, according to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke
Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels
of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction
and inflammation of the lining of the blood vessels, which are implicated in heart attacks
and stroke; and
Whereas, numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution, and that breathing secondhand smoke (also known as environmental tobacco
smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke,
respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that
secondhand smoke is responsible for the early deaths of approximately 53,000 Americans
annually; and
Whereas, The Public Health Service's National Toxicology Program (NTP) has listed
secondhand smoke as a known carcinogen; and
Whereas,there is indisputable evidence that implementing 100%smoke-free environments
is the only effective way to protect the population from the harmful effects of exposure to
secondhand smoke; and
Whereas, in reviewing 11 studies concluding that communities see an immediate reduction
in heart attack admissions after the implementation of comprehensive smokefree laws, the
Institute of Medicine of the National Academies concluded that data consistently
demonstrate that secondhand smoke exposure increases the risk of coronary heart disease
and heart attacks and that smokefree laws reduce heart attacks, and
Whereas, a significant amount of secondhand smoke exposure occurs in the workplace.
Employees who work in smoke-filled businesses suffer a 25-50%higher risk of heart attack
and higher rates of death from cardiovascular disease and cancer, as well as increased acute
respiratory disease and measurable decrease in lung function; and
Whereas, secondhand smoke is particularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease. The Americans With Disabilities
Act, which requires that disabled persons have access to public places and workplaces,
deems impaired respiratory function to be a disability; and
Whereas, the U.S. Centers for Disease Control and Prevention has determined that the risk
of acute myocardial infarction and coronary heart disease associated with exposure to
tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses
such as those received from secondhand smoke or actively smoking one or two cigarettes
a day, and has warned that all patients at increased risk of coronary heart disease or with
known coronary artery disease should avoid all indoor environments that permit smoking;
and
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Whereas, unregulated high-tech smoking devices, commonly referred to as electronic
cigarettes, or "e- cigarettes," closely resemble and purposefully mimic the act of smoking
by having users inhale vaporized liquid nicotine created by heat through an electronic
ignition system. After testing a number of electronic cigarettes from two leading
manufacturers, the Food and Drug Administration (FDA) determined that various samples
tested contained not only nicotine but also detectable levels of known carcinogens and
toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic
chemical used in antifreeze. The FDA's testing also suggested that "quality control
processes used to manufacture these products are inconsistent or non-existent."According
to a more recent study, electronic cigarette emissions are made up of a high concentration
of ultrafine particles, and the particle concentration is higher than in conventional tobacco
cigarette smoke. Electronic cigarettes produce an aerosol or vapor of undetermined and
potentially harmful substances, which may appear similar to the smoke emitted by
traditional tobacco products. Their use in workplaces and public places where smoking
of traditional tobacco products is prohibited creates concern and confusion and leads to
difficulties in enforcing the smoking prohibitions. The World Health Organization(WHO)
recommends that electronic smoking devices not be used indoors, especially in smokefree
environments, in order to minimize the risk to bystanders of breathing in the aerosol
emitted by the devices and to avoid undermining the enforcement of smokefree laws; and
Whereas, the Society of Actuaries has determined that secondhand smoke costs the U.S.
economy roughly $10 billion a year: $5 billion in estimated medical costs associated with
secondhand smoke exposure and $4.6 billion in lost productivity, and
Whereas, numerous economic analyses examining restaurant and hotel receipts and
controlling for economic variables have shown either no difference or a positive economic
impact after enactment of laws requiring workplaces to be smokefree. Creation of
smokefree workplaces is sound economic policy and provides the maximum level of
employee health and safety; and
Whereas, there is no legal or constitutional "right to smoke." Business owners have no
legal or constitutional right to expose their employees and customers to the toxic chemicals
in secondhand smoke. On the contrary, employers have a common law duty to provide
their workers with a workplace that is not unreasonably dangerous, and
Whereas, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on
merchandise and fixtures causes economic damage to businesses; and
Whereas, the smoking of tobacco, hookahs, or marijuana and the use of electronic
cigarettes are forms of air pollution and constitute both a danger to health and a material
public nuisance; and
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Accordingly, the Augusta, Georgia consolidated government finds and declares that the
purposes of this ordinance are (1) to protect the public health and welfare by prohibiting
smoking in certain public places and places of employment; and (2) to guarantee the right
of nonsmokers to breathe smokefree air, and to recognize that the need to breathe
smokefree air shall have priority over the desire to smoke.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA,
GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its
entirety as set forth in "Exhibit A" hereto. Section 4-2-1 shall be reserved.
SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be
designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-97 as
set forth in "Exhibit B" hereto.
SECTION 3. This ordinance shall be effective January 1, 2019 after its adoption in
accordance with applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning
events held on public property in conflict herewith are hereby repealed.
Adopted this t COANday of J Uf1 , 2018.
- Hardie Dav
/" As its Mayor
Atte ; , '' 41'116
•a P e:, Clerk t ( mipission
Cl. .
V
� 146
m ;I
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CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on , 2018 and that such Ordinance has not been modified or rescinded
as of the date hereof and the undersigned further certifies that attached hereto is a true copy
of the Ordinance which was approved and adopted in the foregoing meeting(s).
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date:
First Reading ,,unt, Cj , 20 IS
Second Reading 3 Une., \q , 9-0
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Exhibit A
STRIKE:
.. . .
(1) Public building. Any enclosed building, structure or indoor facility owned,
- • - - - A •. - - - - • - - - -
areas, shared offices, private offices, hallways, restrooms, escalators,
elevators, stairways, lobbies, reception and waiting rooms, classrooms,
meeting or conference rooms and auditoriums, on site cafeterias, lunchrooms,
lounges and any facility, school or educational institution being used by
• •- -•- - - - - - - - - - - - - - - . . . . -
instruction.
cigarette, pipe, weed, plant or other combustible substance in any manner or
in any form.
(c) Nothing in this section shall be deemed, interpreted, or construed to permit
other applicable law. - - -
conspicuously posted in every building, structure or facility where smoking is
- .
. - - - - -, . - - - - .
provisions or application, and to this end, the provisions of this ordinance are
severable.
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(f} Any person or persons failing to comply with the lawful provisions hereof or
guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject
to the penalties provided by section 1 6 1.
REPLACE WITH:
Sec. 4-2-1. Reserved.
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Exhibit B
ADD NEW:
ARTICLE 7. Smoking prohibitions in public places
and places of employment.
Sec. 4-2-77. Purpose of Smoking Ordinance.
The purposes of this ordinance are ll to protect the sublic health and welfare b
.rohibitin. smokin• and e-ci•arettes in enclosed sublic 'laces and enclosed .laces
of em lo ment• and 2 to su ort the ri ht of nonsmokers to breathe smokefree air,
and to reco• ize that the need to breathe smokefree air shall have .riorit over the
desire to smoke in enclosed public places.
Sec. 4-2-78. Definitions.
The followin• words and shrases whenever used in this Article shall be construed
as defined in this Section:
A. "Bar" means an establishment that is devoted to the serving of alcoholic
bevera•es for consum stion b_•uests on the 'remises and in which the servin•
of food is only incidental to the consumption of those beverages, including
but not limited to taverns ni•htclubs cocktail loun.es and cabarets.
B. "Business" means a sole proprietorship, partnership, 'oint venture
co 'oration or other business entit either for-.rofit or not-for-.rofit
includin• retail establishments where •oods or services are sold- .rofessional
co 'orations and other entities where le•al medical dental en.ineerin•
architectural or other .rofessional services are delivered• and private clubs.
C. "E-ci•arette" means an electronic oral device such as one corn s osed of a
heatin• element batte _ and/or electronic circuit which srovides a va s or of
nicotine or any other legal substances, and the use or inhalation of which
simulates smokin.. The term shall include an such device whether
manufactured distributed marketed or sold as an a-cis arette e-ci•ar a-s i.e
e-hookah vase sen or under an other sroduct name or descri s tion.
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D. "Employee" means a person who is employed by an employ ear in
consideration for direct or indirect monetary wages or profit, and a person
who volunteers his or her services for a non-profit entity.
E. "Employer" means a person, business, partnership, association corporation,
including a municipal corporation, trust, or non- rofit entity that employs the
services of one or more individual persons.
F. "Enclosed Area" Enclosed area means all space between a floor and ceiling
that is bounded on all sides by walls, doorways or windows, whether open or
closed. A wall includes an retractable divider ara.e door or other .h sical
barrier, whether temporary or permanent.
G. "Health Care Facili " means an office or institution .rovidin. care or
treatment of diseases whether physical, mental or emotional or other
medical physiological, or psycholotical conditions includin. but not limited
to hos.itals rehabilitation hos•itals or other clinics includin! wei•ht control
clinics nursin. homes ion.-term care facilities homes for the a.in. or
chronicall ill laboratories and offices of sur.eons chiro.ractors_.h sical
thera•ists .h sicians .s chiatrists dentists and all s.ecialists within these
.rofessions. This definition shall include all waitin. rooms hallwa s_.rivate
rooms, semiprivate rooms, and wards within health care facilities.
H. "Hookah" means a water .i.e and an associated .roducts and devices, which
are used to produce fumes, smoke, and/or vapor from the burnin. of material
includin•, but not limited to, tobacco, shisha, or other plant matter.
I. "Hookah Bar"or"Hookah Lounge" means an establishment that derives more
than eighty (80) percent of its quarterly gross revenue from the sale of shisha
for consumption on the premised by customers and the sale of accessories
used for smoking shisha. A hookah lounge does not allow individuals under
the a.e of ei.hteen 18 to enter the .remises and does not have a .ermit or
license to sell alcoholic beverages, but may serve food and nonalcoholic
bevera•es for consumption on the premises by customers.
J. "Place of Em.lo ment" means an area under the control of a sublic or .rivate
employes including, but not limited to, work areas,private offices employe
loun.es restrooms conference rooms meetin. rooms classrooms em.lo ee
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cafeterias hallwa s construction sites tem.ora offices and vehicles. A
private residence is not a "place of emplo ment" unless it is used as a child
care adult da care or health care facilit .
K. "Pla •round" means an_.ark or recreational area desi•ned in .art to be used
b children that has play or sports equipment installed or that has been
designated or landscaped for play or sports activities or an similar facility
located on .ublic or .rivate school 'rounds or on Au'usta Geor•is owned
grounds.
L. "Private Club" means an organization, whether incorporated or not, which is
the owner lessee, or occupant of a building or portion thereof used exclusively
for club .0 .oses at all times which is operated solei for a recreational
fraternal social_.atriotic political benevolent or athletic .u .ose but not
for •ecunia •ain and which onl sells alcoholic bevera•es incidental to its
o.eration. The affairs and mana•ement of the or•anization are conducted b
a board of directors executive committee or similar bod chosen b the
members at an annual meetin.. The or.anization has established b laws
and/or a constitution to govern its activities. The organization has been
granted an exemption from the payment of federal income tax as a club under
26 U.S.C. Section 501.
M."Public Event" means an event which is open to and may be attended by the
general public, including but not limited to, such events as concerts, fairs,
farmers' markets festivals_.arades_.erformances and other exhibitions
regardless of any fee or age requirement
N. "Public buildin." An enclosed buildin• structure or indoor facilit owned
operatedleased or managed by Augusta Geor is which is used by or open to
the sublic includin• without limitation_.ublic trans sortation enclosed areas
occu.ied b Au.usta Geor.is staff o.en office areas shared offices .rivate
offices hallways, restrooms, escalators elevators stairwa s lobbies,
rece stion and waitin• rooms classrooms meetin• or conference rooms and
auditoriums on-site cafeterias lunchrooms and loun•es.
0. "Public Place" means an area to which the public is invited or in which the
sublic is .ermitted includin• but not limited to all .ublic buildin.s banks
bars educational facilities_•amin• facilities health care facilities hotels and
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motels laundromats public trans sortation vehicles and facilities rece stion
areas restaurants retail food production and marketin. establishments retail
service establishments retail stores, shopping malls, sports arenas, theaters._
and waiting rooms. A private residence is not a"public place" unless it is used
as a child care, adult day care, or health care facility.
P. "Recreational Area" means any public or private area open to the public for
recreational 'Li poses whether or not an fee for admission is char.ed
includin. but not limited to amusement sarks athletic fields beaches
fairgrounds. hardens, golf courses open to the Dublic, parks, plazas, skate
parks, swimming pools, trails, and zoos.
Q. "Restaurant" means an eatin. establishment includin. but not limited to
coffee shops cafeterias sandwich stands and private and public school
cafeterias which .ives or offers for sale food to the public .uests or
em p to ees as well as kitchens and caterin• facilities in which food is prepared
on the premises for servin. elsewhere. The term "restaurant" shall include a
bar area within the restaurant.
R. "Service Line" means an indoor or outdoor line in which one (1) or more
persons are waitin. for or receivin. service of an kind whether or not the
service involves the exchan.e of mone_ includin. but not limited to ATM
lines concert lines, food vendor lines movie ticket lines and s sorting event
lines.
S. "Shopping Mall" means an enclosedup blic walkway or hall area that serves
to connect retail or professional establishments.
T. "Smokin." means inhalin. exhalin. burnin. or ca in. an li.hted or
heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant
product intended for inhalation, includin' hookahs and mari'uana, whether
natural or s nthetic in an manner or in an form. "Smokin." also includes
the use of an e-ci arette which creates an aerosol or va s or in an manner or
in an form or the use of an oral smokin' device for the su pose of
circumventin. the prohibition of smokin' in this Article.
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U. "Sports Arena" means a place where people assemble to enga eg in nh sy ical
exercise_.artici s ate in athletic corn.etition or witness s sorts or other events
including sports pavilions stadiums, • mnasiums, health spas boxing arenas,
swimming pools, roller and ice rinks, and bowling alleys.
V. "Reasonable distance" means a distance that is sufficient to ensure indoor
areas remain smoke-free by preventing smoke from infiltrating enclosed
•ublic .laces via an entrance exit window vent or air intake s stem of a
buildin. where smokin• is prohibited, and to protect •ersons enterin' or
exitin. enclosed areas from involuntaril inhalin. second-hand smoke.
Sec. 4-2-79. A• •lication of Article to Au. usta Geor'is Owned Public
Buildings, Facilities and Property.
All enclosed areas includin. buildin.s and vehicles owned leased or o.erated b
Au usta Geor.is as well as all outdoor sro.ert ad'acent to such buildin.s and
under the control of Augusta, Georgia, shall be subject to the provisions of this
Article.
Sec. 4-2-80. Prohibition of Smokin in Enclosed Public Buildin s and Public
Places.
Exce et as otherwise srovided Smokin. and e-ci.arettes shall be srohibited in all
enclosed sublic 'laces and within a reasonable distance of such .laces within
Au.usta Geor..is includin. but not limited to the followin. •laces:
A. Aquariums, galleries, libraries, and museums.
B. Areas available to the general public in businesses and non-profit entities
patronized by the public, includin' but not limited to banks laundromats,
professional offices, and retail service establishments.
C. Bars.
D. Bingo facilities.
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E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
H. Elevators.
I. Gaming facilities.
J. Health care facilities.
K. Hotels and motels.
L. Lobbies hallwa s and other common areas in a.artment buildin•s
condominiums trailer .arks retirement facilities nursin• homes and other
multiple-unit residential facilities.
M.Parking structures, both enclosed and semi-enclosed.
N. Polling places.
0. Public trans sortation vehicles includin. buses and taxicabs owned b or
under the authorit of Au.usta Geor.is and ticket boardin. and waitin
areas of .ublic trans sortation facilities includin bus train and ai .ort
facilities.
P. Restaurants.
Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
R. Retail stores.
S. Rooms chambers daces of meetin. or .ublic assembl under the control of
an a•encv, board, commission, committee or council of Au•usta Geor•is, to
the extent the .lace is sub'ect to the 'urisdiction of Au.usta Geor..ia.
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T. Service lines.
U. Shopping malls.
V. Sports arenas, including enclosed places in outdoor arenas.
W.Theaters and other facilities .rimaril used for exhibitin• motion .ictures
sta•e dramas lectures musical recitals or other similar serformances.
Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment.
A. Exce.t as otherwise .rovided in Sec. 4-2-84 smokin• and e-ci•arettes shall
be .rohibited in all enclosed areas of .laces of em.lo ment and a reasonable
distance of such places. This includes, without limitation, common work
areas auditoriums classrooms conference and meetin• rooms_.rivate
offices elevators hallwa s medical facilities cafeterias em.lo ee loun•es
stairs, restrooms, vehicles, and all other enclosed facilities.
B. This srohibition on smokin• shall be communicated to all existin• em.lo ees
b the effective date of this Article and to all srossective em.lo ees uson
their application for employment.
Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities.
Smoking shall be prohibited in the following enclosed residential facilities and
within a reasonable distance of such places:
A. All .rivate and semi-.rivate rooms in nursin• homes.
B. At least 80 percent of hotel and motel rooms that are rented to •uests.
Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places.
Smokin• and e-ci•arettes shall not be .rohibited in outdoor .laces exce it within a
reasonable distance of outside entrances, operable windows, and ventilation systems
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of enclosed areas where smokin• and a-ci•arettes are .rohibited so as to •revent
tobacco smoke or va.or from enterin• those areas.
Sec. 4-2-84. Where Smoking Not Regulated.
A. Notwithstandin• an other .rovision of this Article to the contra smokin•
and e-ci•arettes shall not be .rohibited in .rivate residences unless used as a
childcare adult day care or health care facilit .
B. Exce.t as otherwise .rovided in this article smokin• and e-ci•arettes shall
not be prohibited in private vehicles.
C. Areas within the •eo•ra.hical confines of Au.usta Geor•is wherein the
Board of Commissioners of Au.lista Geor is does not have 'urisdiction
including propert belongin• to the Cit of Hephzibah the Cit of Blythe, the
State of Geor•is and the federal •overnment.
D. Hookah Bars and Loun•es in existence as of the date of ado stion of this
section and which permit wate .i se smokin• on the 'remises as of the date of
the adoption of this section.
E. Retail Electronic Smoking device stores in existence as of the date of the
ado.tion of this section and which .ermit electronic device usa•e as of the
date of the adoption of this section.
Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking.
Notwithstandin• anv other .rovision of this Article an owner operator mana:er, or
other .erson in control of an establishment facilit_ or outdoor area ma declare that
entire establishment facilit_ or outdoor area as a nonsmokin• .lace. Smokin• and
e-ci•arettes shall be .rohibited in an_.lace in which a sin conformin• to the
re•uirements of Section 4-2-86 A is .osted.
Sec. 4-2-86. Posting of Signs and Removal of Ashtrays.
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The owner o.erator mana.er or other serson in control of a public 'lace or 'lace
of em.lo ment where smokin. and a-ci.arettes are .rohibited b this Article should:
A. Clearl and cons.icuousl post "No Smokin." sins or the international "No
Smoking" symbol (consisting of a pictorial representation of a burning
ci•arette enclosed in a red circle with a red bar across it in that 'lace.
B. Clearly and conspicuously post at every entrance to that place a sign stating
that smoking is prohibited.
C. Clearly and conspicuously post on every vehicle that constitutes a place of
em.to ment under this Article at least one si. visible from the exterior of
the vehicle, stating that smoking is prohibited.
D. Remove all ashtra s from an area where smokin. is srohibited b this
Article exce it for ashtra s dis.la ed for sale and not for use on the .remises.
Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights.
A. No .erson or em.lo er shall dischare refuse to hire or in an manner
retaliate a•ainst an em.lo ee a. •licant for em.lo ment customer or resident
of a multi le-unit residential facilit because that em ee a. .licant
customer or resident exercises an ri.hts afforded b this Article or resorts
or attempts to .rosecute a violation of this Article. Notwithstandin' Section
4-2-91 violation of this Subsection shall be a misdemeanor and u son
conviction shall be subject to the penalties provided by section 1-6-1 for each
violation.
B. An em.lo ee who works in a settin. where an em.lo er allows smokin. and
e-ci.arettes does not waive or otherwise surrender an le al ri hts the
employee may have against the employer or any other party_
Sec. 4-2-88. Enforcement.
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A. This Article shall be enforced b the Au.usta Geor.is Plannin l and
Develo•ment De•artment Director or an authorized desi nee or an law
enforcement officer of the Office of the Sheriff.
B. Notice of the •rovisions of this Article shall be iven to all a• •licants for a
business license in Augusta, Georgia.
C. An citizen who desires to re ister a com•laint under this Article ma initiate
enforcement with the Augusta, Georgia Planning and Development
Department or any law enforcement officer of the Office of the Sheriff.
D. The Health Department, Fire Department, or their desi•nees shall, while an
establishment is under.oin. otherwise mandated ins•ections ins•ect for
compliance with this Article.
E. An owner mana.er o•erator or em•to ee of an area re ulated b this Article
shall direct a person who is smoking in violation of this Article to extinguish
the •roduct bein. smoked. If the serson does not sto• smokin. the owner
mana.er o•erator or em•to ee shall refuse service and shall immediatel ask
the person to leave the premises. If the person in violation refuses to leave
the premises, the owner, manager, operator or em•loyee shall contact a law
enforcement a•enc . The obli•ations of an owner mana.er o•erator or
employee under this sub-section shall only appl where the owner mana er
operator, or employee has knowledge of a smoking violation.
F. Notwithstandin. an other •rovision of this Article an em•lo ee or •rivate
citizen may bring legal action to enforce this Article.
G. In addition to the remedies provided by the provisions of this Section, the
De•artment of Health the Au.usta Geor•is Administrator the Plannin. and
Develo•ment De sartment Director or an serson a rieved b the failure of
the owner o•erator mana•er or other serson in control of a •ublic 'lace or a
place of employment to comply with the provisions of this Article may apply
for in'unctive relief to enforce those •rovisions in an court of com•etent
jurisdiction.
Sec. 4-2-89. Violations and Penalties.
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A. A serson who smokes or uses an a-ci•arette in an area where smoking and e-
el.arettes are srohibited b the .rovisions of this Article shall be guilt of an
infraction. punishable by a fine not exceeding fift dollars $50),
B. Exce.t as otherwise .rovided in Section 4-2-89 A a serson who owns
manages aerates or otherwise controls a .ublic .lace or .lace of
emslo ment and who fails to com.1 with the .rovisions of this Article shall
be guilty of an infraction, punishable by-
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation
within one (1) year.
3. A fine not exceeding five hundred dollars ($500) for each additional
violation within one (1) year.
C. In addition to the fines established b this Section violation of this Article b
a .erson who owns mana g es oserates or otherwise controls a .ublic .lace
or place of employment may result in the suspension or revocation of any
sermit or license issued to the serson for the .remises on which the violation
occurred.
D. Violation of this Article is hereb declared to be a .ublic nuisance which ma
be abated b the Planning and Develo.ment De s artment Director b
restraining order_.relimina and .ermanent inunction or other means
.rovided for b law and Aug usta Georg is ma take action to recover the
costs of the nuisance abatement including attorne 's fees.
E. Each day on which a violation of this Article occurs shall be considered a
separate and distinct violation.
Sec. 4-2-90. Public Education.
art
Depment of Health shall engage in a continuing pro ram to explain and clarify
the .u soses and resuirements of this Article to citizens affected b it and to g uide
owners aerators and mana g ers in their com.liance with it. The .ro•ram ma
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include sublication of a brochure for affected businesses and individuals ex.lainin•
the provisions of this ordinance.
Sec. 4-2-91. Governmental Agency Cooperation.
The Au.usta Geor..is Plannin. and Develo.ment De.artment Director shall
annuall re•uest other •overnmental and educational a.encies havin. facilities
within Au•usta Geor..is to establish local o.eratin. procedures in coo seration and
compliance with this Article. This includes ur..in. all Federal State Au.usta
Geor.ia and School District a•encies to update their existin. smokin. control
re.ulations to be consistent with the current health findin.s re.ardin. secondhand
smoke.
Sec. 4-2-92. Other Applicable Laws.
This Article shall not be inte .reted or construed to .ermit smokin. or the use of e-
ci l arettes where it is otherwise restricted by other applicable laws.
Sec. 4-2-93. Liberal Construction.
This Article shall be liberall construed so as to further its .0 .oses.
Sec. 4-2-94. Severability.
If an_.rovision clause sentence or .ara.ra p h of this Article or the as s lication
thereof to an serson or circumstances shall be held invalid that invalidit shall not
affect the other .rovisions of this Article which can be i iven effect without the
invalid .rovision or as s lication and to this end the .rovisions of this Article are
declared to be severable.
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