Ordinance 78-24 RECEIVED ORDINANCE NO. 78-24'
'78 JU~ ~ P~ 3A~DRDINANCE REGULATING SMOKING AND THE
CARRYING OF LIGHTED OBJECTS IN SPECIFIED
PLACES IN THE COUNt; QUIRING FLACA ING OF
0CERTAIN'PREMISES; PROHIBITING THE VIOLATION
' "~;IJqG THE COUN~ HEALTH OFFICER TO
COLLIER ¢0UN~Y, Ft~ECT'IONS FOR COMPLIANCE; PROVIDING PEN-
ALTIES FOR VIOLATIONS; PROVIDING FOR SEVER-
ANCE; PROVIDING FOR CONFLICT; AND PROVIDING
AN EFFECTIVE DATE. '"
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,. FLORIDA:
SECTION 1. Whereas it has been determined that the health,
comfort and welfare of non-smokers of tobacco are adversely
affected by pollutants in the air from tobacco smoke, it is the
purpose of this ordinance to protect the health, comfort and wel-
fare of non-smokers by prohibiting and/or regulating smoking in
indoor public places.
'SECTION 2. Definitions. For the purpose of this Ordinance,
the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future,
words in the plural number include the singular number, and words
in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
(1) "County" is Collier County, Florida.
(2) "Commission" is the Board of County Commissioners of
the County of Collier.
(3) "County Health Officer" is the person in cha~of~e
County Health Department or his designee.
(4)"Fire Marshal" is an employee of the County~-~
hated by the County Commission.
(5) "Smoking" includes carrying of a lighted c~r,
cigarette or other lighted smoking'equipme~'~
(6) "Designated Smoking Area" means an area where smoking .
is permitted by the proprietor or other person in
charge of the premises pursuant to the provisions of
thi~ ordinance; such areas shall have physical barriers
or ventilation systems so arranged as to minimize the
toxic effects of smoke in adjacent non-smoking areas.
(7) "Designated No-Smoking Area" means an area where smoking
is'prohibited .specifically by this Ordinance, or an
are& established pursuant to this Ordinance by the
proprietor or other person in'charge of the premises.
(8)
(io)
"Government Building" is any buildin$, portion of
a building, or establishment or facilities, under
the control or management of any elected or appointed
official of the Federal government, the State
government, or a Local Sovernment.
"Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
"Public Place" means any enclosed, indoor area
used by the Seneral public or to which the general
ublic commonly has access, includins, but not
imited to such areas in government buildings,
restaurants, and other satinS and drinking establishments,
retail stores and commercial establishments.,
public conveyances, educational facilities,' hospitals,
reception rooms, nursinS homes, barber shops,
beauty parlors, auditoriums, arenas and meeting
rooms.
SECTION 3.. SmokinS Prohibited in Specified Public Places
or Portions Thereof. It is the intent of this section to
prohibit smoking in certain public places or portions thereof
where non-smokers may be associated for ionS periods of time
or in close proximity with smokers. It, therefore, shall be
.unlawful for any person to smoke in any of the'followinS
public places,,in their entirety or, when so listed, in
specific portions thereof:
(1) Areas of government buildings to which the general
public has usual access.
(2) Areas of schools to which pupils or the general
public have usual access.
(3) Elevators.
(4) Conveyances used by the general public, except
taxis.
(5) School buses.
(6)
Service and waiting lines such as those in banks,
cafeterias, retail store "check out" areas and
similar locations.
'(7) Sales and service counters in retail stores and
commercial establishments.
(8) Dence floors.
(9)
Theaters, arenas, auditoriums, meeting rooms when
such places are occupied by the general public
except that this prohibition shall not apply to
smoking upon the stage as part of any theatrical
production.
(10) Libraries.
(1I) Museums and exhibition galleries.
SECTION 4. Smokin~ Restricted in Specified Public Places
or Portions Thereof. It is the intent of this section to
restrict smokins in certain public places, to specific sub-
areas, or to establish sub-areas in which smoking is prohibited.
This shall be dons, by the establishment by the proprietor
or other person in charge of the premises of (a) "Designated
Smoking Areas" (which may not encompass the entire area of
the public place), or alternatively (b) "Designated No-
Smoking Areas" (~hich may cncompa=o the entire area of the
public place.) This section shall apply to the following
public places:
(1) Retail stores.
(2) Restaurants and other eating and drinking establishments,
(3) Other commercial establishments, such as banks,
repair shops, rental and other service establishments,
barber shops, beauty parlors.
(4) Hospitals and nursing homes; as a minimum for the
protection of non-smokers in such public places,
one or more waiting rooms or areas shall be established
as a "Designated l{o-Smoking Area."
(5) Waiting rooms in medical practitioners' offices
and in similar health diagnostic and care facilities.
Nothing in this section shall be interpreted as nullifying
any provision of Section 3. %~here a "Designated Smoking
Area" or a "Designated No-Smoking Area" is ;stablished, it
shall in each case be so arranged or located as to minimize
the toxic effects of smoke in non-smoking areas.
SECTION 5. Placarding Required. Every person or his
agent, having control of premises upon which smoking is
prohibited or restricted pursuant to Sections 3 and 4 shall
display upon the premises a sign or signs of adequate visibility
appropriate to such prohibition or restriction as set forth
in such Sections 3 and 4. In all public places or portions
thereof, listed in Sections 3 and 4, such a sign shall be
placed near each outside entrance and opposite or near the
elevator or stairway doors on each floor, if any, above the
first; in all.public places, as listed in Sections 3 and 4,
in which smoking is prohibited in the entirety, no additional
signs shall be required under this Ordinance. In addition,
in those sub-areas of public places where smoking is specifically
permitted or prohibited as listed in Sections 3 and 4,
appropriate signs shall be posted to identify such areas (as
"Designated Smoking Areas" or Designated No-Smoking Areas"
as the case may be). ,
008
SECTION 6. Violations. It shall be unlawful (a) for any
person to smoke in a public place or portion thereof where smoking
is prohibited as listed in Sections 3 or 4 and placarded pursuant
to Section 5, (b) for any proprietor or his'agent to fail to
place signs as required by Section 5, or to knowingly permit a
violation of a smoking prohibition or restriction as set forth
in Sections 3 and 4, (c) for any person to remove or cause to be
removed, except for maintenance purposes, any sign posted pursuant
to Section 5. Any person violating any of the provisions of this
Ordinance, upon conviction thereof, shall be guilty of a misde-
meanor and punishable as provided by law.
SECTION 7. Enforcement. The provisions of this Ordinance
may be enforced by any law enforcement officer having Jurisdic-
tion in the County.
SECTION 8. Provisions Cumulative. The provisions of this
Ordinance are cumulative and supplemental to Federal, State and
Local laws and ordinances. Nothing in this Ordinance shall be
construed to allow smoking in an area where the Fire Marshal
properly prohibits smoking, nor to restrict or replace require-
ments under any other provision of law designed to protect the
health and safety Of workers in their places of work.
''SECTION 9. 'SeVer'ance'~' ~onfli'ct. If any section, sub-
section, sentence, clause, phrase or portion of this Ordinance
is, for 'any reason, held invalid or unconstitutional by any Court
of competent 3urisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the 'validity of the remainder hereof. In the event this
Ordinance 'conflicts with any other appropriate law, the more
restrictive shall apply. If any part of' this Ordinance conflicts
with any other part, it shall be severed and the remainder shall
have'full force and effect and shall be liberally construed to
effect the 'purpose hereof.
'SECTI6N'10. This Ordinance shall take effect (ninety) 90
days afte~ recefpt of official acknowledgement from the Secretary
of State of the State 'of Florida that this Ordinance has'been
duly filed with the 'office of the Secretary of State.
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, this 23rd day of May, 1978.
' ' Pistor,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY 0 FLORIDA
Chairman
This ordinance filed with the Secretary of State's office the $0th day
of May, 1978 and acknowledgement of that filing received this 2nd day
of June, 1978.
By
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