0852
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ORDINANCE NO. 852 (#4-87)
AN ORDINANCE REGULATING SMOKING IN PUBLIC ACCESS AREAS OF ALL
MUNICIPAL BUILDINGS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS;
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, it is common knowledge that the smoking of tobacco
is hazardous to an individual's health and welfare and such acti-
vity causes annoyance, inconvenience, discomfort, and a health
hazard to others present while in enclosed areas; and,
WHEREAS, it is the desire of the Jacksonville City Council
to recognize the wishes of both smokers and non-smokers and to
provide for both while regulating the activity of smoking within
certain enclosed areas of municipal buildings;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1: PURPOSE. The purpose of this Ordinance is to
protect the public health, safety and welfare through the pro-
hibition and regulation of smoking in public access areas of all
municipal buildings within the City.
SECTION 2: DEFINITIONS. For purpose of this Ordinance,
the following definitions apply:
(A) City - The City of Jacksonville, Arkansas.
(B) Enclosed Area - Any indoor area(s) or room(s) used
by or accessible to the general public in all municipal buildings
within the City.
(C) Municipal Building - Any building owned or operated by
the City of Jacksonville, Arkansas, its agents, entities, employees,
lessees, and/or subdivisions.
(D) Public Access Area - Any enclosed area within a munici-
pal building used by or accessible to the general public.
(E) Smoke (or Smoking) - The lighting of any cigarette,
cigar, pipe, tobacco, or other like material, or the possession of
any lighted cigarette, cigar, pipe, tobacco, or other like
material, regardless of its composition.
SECTION 3: SMOKING PROHIBITED. Smoking is prohibited and
shall be unlawful in all public access areas of the municipal
buildings within the corporate limits of the City.
SECTION 4: POSTING OF SIGNS. Recognizing that a majority
of the public will voluntarily comply with posted no-smoking regu-
lations, provided that the signs are clearly posted and reasonable,
the City, its agents, entities, employees, and lessees shall pro-
vide and comply with the following provisions:
(A) Signs which designate non-smoking areas in municipal
buildings shall be clearly, sufficiently, and conspicuously
posted in every building, room, or other area so covered by this
Ordinance.
(B) The manner of such posting, including the wording,
size, color, design, and placement of posting, whether on the
corridors, doors, stands, tables, walls, or elsewhere, shall be
at the discretion of the City, its agents, employees, lessees,
subdivisions, or other persons having control of such building,
room, or other areas, as long as clarity, conspicuousness and
sufficiency are apparent in communicating the intent of this
Ordinance.
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(C) Signs shall be conspicuously posted indicating "no
smoking" or "no smoking except in designated areas", with each
sign being clearly visible either upon entry of said building,
room, or area.
SECTION 5: VIOLATIONS AND PENALTIES. Any individual
violating the provisions of this Ordinance shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by
a fine of not less than Twenty-five and 00/100 Dollars ($25.00)
nor more than Five Hundred and 00/100 Dollars ($500.00).
SECTION 6: It is, therefore, declared that an emergency
exists and this Ordinance, being necessary for the immediate
preservation of the public peace, health, and safety, shall take
effect and be in force from and after its passage.
SECTION 7: Any Ordinance in conflict herewith is speci-
fically repealed to the extent of such conflict.
APPROVED AND ADOPTED THIS 19th DAY OF
MARCH
1987.
CITY OF JACKSONVILLE, ARKANSAS
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BY: \ ~ ;4w.~
TOMMY SWAI~MAYOR
ATTEST:
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-LULA-"M.- LEONARD, 'e-rty CLERK
APPROVED AS TO FORM:
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KElT VAUGHAN,'~TY-ATTORNEY
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