58-501 Declaration of findings and purpose.

(a)    Numerous studies found that tobacco smoke is a major contributor to indoor air pollution;

(b)    Reliable studies have shown that breathing second-hand smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease;

(c)    Health hazards induced by breathing second-hand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function, bronchoconstriction, and bronchospasm; and

(d)    Accordingly, the city council finds and declares that the purposes of this article are (1) to protect the public health and welfare by prohibiting smoking in municipal buildings and vehicles except in designated smoking areas, and (2) to strike a reasonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

(Ord. No. 2087, § 1, 10-29-98)

58-502 Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

Employee means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for the municipality.

Employer refers to the municipal corporation, who employs the services of one or more individual persons.

Enclosed area means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.

Place of employment means any enclosed area under the control of the municipal corporation, which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference, or meeting rooms, employee cafeterias or lounges and hallways.

Public place means any enclosed areas to which the public is invited or in which the public is permitted.

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other like combustible substance in any manner or in any form.

(Ord. No. 2087, § 1, 10-29-98)

58-503 Application of article to city-owned facilities.

All enclosed facilities owned by the city and all enclosed vehicles owned, leased, or otherwise controlled by the city shall be subject to the provisions of this article, but specifically excluding the following: 1. The sanitation building at the city landfill site on Collier Road, which will be covered by a separate policy for safety reasons; 2. Residential units and designated smoking areas in the residential facilities managed by the city housing commission; 3. Designated smoking areas in the Robert W. Bowens Senior Center.

(Ord. No. 2087, § 1, 10-29-98)

58-504 Prohibition of smoking in public places.

(a)    Smoking is strictly prohibited within any enclosed building or vehicle owned, leased, or operated by the city including, but not limited to, the following places:

(1)    Elevators.

(2)    Ticket, boarding, and waiting areas of public transit depots in city-owned buildings.

(3)    Restrooms.

(4)    All areas available to and customarily used by employees and the general public.

(b)    Smoking is strictly prohibited in those portions of the Pontiac Silverdome which are used by the public (waiting areas, conference rooms, arena) and common work areas, except in designated smoking areas or those areas leased or licensed to others.

(Ord. No. 2087, § 1, 10-29-98)

58-505 Adoption and communication of smoking policy.

(a)    Within 90 days of the effective date of this article, the city shall adopt, implement, make known and maintain a written smoking policy consistent with this article.

(b)    In any dispute arising under the smoking policy, the health concerns of the nonsmoker shall be given precedence.

(c)    The smoking policy shall be communicated to all employees within three weeks of its adoption.

(d)    The personnel department shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

(Ord. No. 2087, § 1, 10-29-98)

58-506 Posting of signs.

“Smoking” or “No Smoking” signs, whichever are appropriate, with letters of not less than one 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 red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this article.

(Ord. No. 2087, § 1, 10-29-98)

58-507 Enforcement.

(a)    Enforcement of this article shall be implemented by the city police department.

(b)    Any citizen who desires to register a complaint under this chapter may initiate enforcement with the city police department.

(c)    Any employee of the municipality regulated by this article may inform persons violating this article of the appropriate provisions thereof.

(d)    Notwithstanding any other provision of this article, a private citizen may bring legal action to enforce this article.

(Ord. No. 2087, § 1, 10-29-98)

58-508 Violations and penalties.

(a)    It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.

(b)    Any person who violates any provision of this article shall be guilty of a civil infraction, punishable by:

(1)    A fine not exceeding $100.00 for a first violation.

(2)    A fine not exceeding $200.00 for a second violation of this article.

(3)    A fine not exceeding $500.00 for each additional violation of this article.

(Ord. No. 2087, § 1, 10-29-98)

58-509 Public education.

The City shall engage in a continuing program to explain and clarify the purposes and requirements of this article to the employees and citizens affected by it, and to guide in their compliance with it. Such program may include publication of a brochure for individuals explaining the provisions of this article.

(Ord. No. 2087, § 1, 10-29-98)

58-510 Other applicable laws.

This article shall not be interpreted or construed to prevent adoption of a more restrictive city policy where permitted by law.

(Ord. No. 2087, § 1, 10-29-98)

58-51158-599 Reserved.