HomeMy WebLinkAbout(7) SMOKING REGULATIONS MEMO
To: Mayor, City Council, and City Manager
From: Val Tizeno, Assistant City Attorney V
Subject: Smoking in Public Buildings
Date: March 24, 2005
According to Section 38-33 of the Code of Ordinances, smoking is
prohibited in any building or motor vehicle owned or controlled by the City of
Port Arthur. Smoking is defined as ~the carrying of lighted pipe, cigar,
cigarette, tobacco or any smoking substances in any fomJ.'
The City also requires that "No Smoking" signs shall be posted in each
building and vehicle to provide citizens with proper notice. The signs must be
approved by the Fire Marshall prior to being posted to ensure that all notice
requirements are met.
Smoking is currently banned in following places and events:
1. within any tent located in the City;
2. by any person attending the Calvoilcade Parade;
3. by any person participating on a float in a carnival parade or truck
parade during the Mardi Gras Celebration;
4. within any taxicab; and
5. by any person engaged in the drilling and operation of oil and/or
gas wells within the corporate limits of the city.
Currently, there is no provision in our Code of Ordinances that bans
smoking in non-city owned buildings and vehicles.
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According to § 48.01 of the Texas Penal Code, "a person commits an offense
if he is in possession of a burning tobacco product or smokes tobacco in a facility
of a public primary or secondary school or an elevator, enclosed theater or movie
house, library, museum, hospital, transit system bus, or intrastate bus, plane, or
train which is a public place." Unless there is a designated area for smoking
tobacco, the violation is punishable as a Class C Misdemeanor ( which is a fine up
to $500.00).
If you have any further questions regarding smoking in public places, I will
be happy to provide you with more detailed information.
cc: City Attorney
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