Ordinance 76-07ORDItlk~CF. NO. 76-7
AN ORDINANCE REGULATING THE USE OF FIRE AND
SPARK PRODUCING DEVICF. S INCLUDING CIGARETTES
CIGARS, PIPES, CIGARETTE LIGHTERS AND ~TCI{ES
IN PLACES OF PUBLIC ASS~-MBLY AS DESCRIBED
HERF. IN; REQUIRING O~ERS AND OPE~TORS TO
POST. SIGHS ~{D NOT PERi,IT SMOKING ON T~E
PREMISES; PROVIDING CONSTRUCTION, CONFLICT,
SEVE~NCE ~;D PENALTY CLAUSES AND AN EFFECTI~
BE IT ORDAINED BY THE BOARD DP cO~;TY CO~MXSS/O~
It shall be unlawful for any person to smoke, 1~
any spark, flame or fire producing device not specific~ll~~
authorized for use by the appropriate district or area
fire chief or inspector in any of the following areasI
a. In the Collier County Commission Chambers, aPd in
all other public meeting rooms in the Collier County
Courthouse Complex, and administrative buildings, when
a public meeting is in progress.
b. In any.public theater, church, tent, motion picture
house or other auditorium used for such shows or performances
when the public gathers. ~
c. In any mercantile store which voluntarily elects,
by and through the actions of its management, to be included
within this Ordinance. This prohibition shall not apply to
restrooms, restaurants, coffee shops, soda fountain counters,
executive offices or beauty parlors in such mercantile stores.
d. Upon the dance floor of any cabaret, restaurant,
night club or other public place offering facilities for
dancing by the public.
e. In any cafeteria line of any restaurant.
f. In any mercantile store wherein food product~
are available for purchase by consumers for off-premi~
consumption where said store voluntarily elects throu~the._
actions of its management to be included within
provided, however, this prohibition shall not apply
rooms, restaurants, coffee shops and soda fountain c~ter~
within such mercantile stores.
g. In any restaurant, or any portion of a restaurant,
which voluntarily elects, by and through the actions of its
management, to be included within this Ordinance.
SEC~'ION TWO
Every owner, operator, or person in charge of any of
the places enumerated in SECTION ONE shall post conspicuously
within~ such area a sign reading "Smoking Prohibited", or words
to that effect.
SECTION THREE
1. Construction m The provi~ions of this Ordinance
are cumulative and supplemental to Federal and State laws
and Rules and other ordinances and regulations of Collier
County and municipalities therein and shall be liberally
construed to effectuate the purpose of protecting the publio
welfare.
2. Conflict - If any part of this Ordinance conflicts
with any other part or with any other law, ordinance, rule
or regulation the more restrictive shall apply. This
Ordinance shall not apply in any municipality within Collier...
County unless the municipality adopts a resolution or takes
other official action requesting that the County enforce
this Ordinance within the limits of its municipal Jurisdic-
tion.
3. Severances - If any part of this Ordinance is for
any reason held invalid or unconstitutional on its face or
as applied by any Court of competent jurisdiction such
part shall be considered a separate part and such holding
shall not affect the validity or constitutionality of the
remaining parts or such holding shall not affect any other
circumstances.
4. Penalty - Violation of this Ordinance is punishable
as provided by law for the violations of county ordinances.
Each day an offense exists shall be considered a separate
offense. Prosecution as a misdemeanor shall not preclude
other remedies available in law and equity.
5. Effective Date - This Ordinance shall become
effective upon receipt 'of notice by the Clerk to the Board
of County Commissioners that it iF filed with the Secretary
of State.
DATED: March 2, 1976
:' .: ?,
BOARD OF COUNTY COM~{ISSIONERS
COLLIER CO~NTYt FLORIDA
~. -R. "Ru-sS"~i~er
Chairman
Approved as.to fg, r~nd legal
one A. ~. wort ' ~'
Collier County Attorney
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