HomeMy WebLinkAboutOrd.1038.07-01-1991BILL NO. 91-117
ORDINANCE NO. t03 I?
AN ORDINANCE RESTRICTING SMOKING IN GROCERY
STORES IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED. BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Chapter 17 of the City Code of Cape Girardeau,
Missouri, is hereby amended by the addition of one (1) section to
be known as Section 17-155, entitled "Smoking in Grocery Stores",
in words and figures as follows, to -wit:
Sec. 17-155. Smoking in Grocery Stores.
A. Except as provided in this article, the
possession of lighted smoking materials in any form,
including, but not limited to, the possession of .lighted
cigarettes, cigars, pipes or other tobacco products, is
unlawful in grocery stores when such grocery stores are
used by or open to the public or serving as a place of work.
For the purpose of this section the term "grocery
store" is defined as a store or business engaged solely or
chiefly in the sale of packaged food or packaged food.
products.
B. The restrictions of this section shall not apply
to areas which are specifically designated as smoking areas
in accordance with this ordinance. Limited smoking areas
may be designated by the proprietors or persons in charge
of the grocery stores. Nothing in this code shall be
construed to require the designation of smoking areas.
Where smoking areas are designated, existing physical
barriers and functioning ventilation systems may be used to
minimize the irritating and toxic effects of smoke in
adjacent non-smoking areas. This provision shall not be
construed to require fixed structural. or other physical
modifications in providing these areas or to require
operation of any existing heating, ventilating and air
conditioning system in any manner which decreases its
energy efficiency or increases its elec.trical demand, or
both, nor shall this provision be construed to require
installation of new or additional heating, ventilating or
air conditioning systems. No grocery store governed by
this section shall be designated as a smoking area in its
entirety.
C. The proprietor or other person having control of
a grocery store governed by this section shall prominently
post "SMOKING" or "NO SMOKING" signs, whichever is
appropriate, with letters of not less than one (1) inch in
height, or the international "NO SMOKING" symbol consisting
of a pictorial representation of a burning cigarette
enclosed in a red circle with a bar across it in every
place where smoking is regulated .by this ordinance. Such
signs must be visible to people entering the grocery store,
people at meat and produce counters, and people' in all
check-out lanes.
D. The proprietor or other person having control of
a grocery store as defined in this ordinance shall, upon
observing a person smoking in violation of this ordinance,
request that person to stop smoking.
E. Any person violating, neglecting or refusing to
comply with any provision of this ordinance shall be
punished by a fine in the amount of Ten Dollars ($10.00).
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not. affect the validity of the
remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made apart of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OFuc , 19.
ATTEST:
o-ki P i P
J.uli A. Dale
Dep ty City Clerk