HomeMy WebLinkAboutOrdinance No. 2192-2006Suggested by: Mayor Porter
CITY OF KENAI
ORDINANCE NO. 2192-2006
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
KMC 12.40 ENTITLED, "R~GULATION Or SMOKING IN EATING ESTABLISHMENTS"
TO INCLUDE BOWLING ALLEYS AS A PLACE WHERE SMOKING IS PROHIBITED
WITHIN 1Y~E CITY OF KENAI.
WHEREAS, Ordinance 1998-2003 adopting KMC 12.40 entitled "Regulation of
Smoking in Eating Establishments" was adopted in 2003; and,
WHEREAS, KMC 12.40 prohibits smoking within eaiing establishments in the City of
Kenai; and,
WHEREAS, the prohibition against smoking in eating establishments has been well-
received by the general public; and,
WHEREAS, the harmful effects of secondhand smoke are well-documented and
include lung cancer, respiratory infection, decreased respiratory function, broncho-
constriction and broncho-spasm; and,
WH~REAS, numerous studies have found that secondhand smoke is a major
contributor to indoor air pollution which can cause harm to patrons and staff of
bowling alleys; and,
WHEREAS, expanding the prohibition in KMC 12.40 to include bowling alleys would
benefit the general public using bowling alleys and is in the best interest of the City of
Kenai.
NOW, THEREFORE, BE IT ORDAINED BY TH~ COUNCIL OF THE CITY OF KENAI,
ALASKA that KMC 12.40 is amended as shown in Attachment A.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this fourth day of
October 2006.
~'J fsl~i ~/~'
PAT PORTER, MAYOR
ATTEST:
~
~
Carol L. Freas, City Clerk
Introduced: September 20, 2006
Adopted: OctoUer 4, 2006
Effective: November 4, 2006
Title 12 FiLALTH AND SAF'ETY
Chapter 12.40
REGULATION OP SMOKING IN EATING ESTABLISHMENTS
AND BOWLING ALLEYS
12.40.010 De~inifions.
`Bar" means a premises lieensed under AS O4.11.090 wl~ich does not employ any person
under the age of twenry-one (21) and which does not serve any person under the age of CwenCy-
one (21) unless accompanied by a parenf or guardian, and where tobacco smoke cannot filter into
any other area where smoking is prohibited through a passageway, ventiiation system or~other
means. A"bar" does not include areas in an eating establishment where aicoholic beverages may
be served.
"Eating establishment" means any restaurant, coffee shop, cafeteria, luncheonetCe, sandwich
stand, soda founTain, private or public school cafeteria, fast food service and other
establishments, including any bar area of any such establishment which is noC an enclosed area,
the primary purpose of which is Yo give or offer for sale food Yo Che public and where cooked or
oCherwise prepared food is sold to the public for consumption on the premises, as well as
kitchens in which food is prepared.
"Enclosed area" means a ventilated area so that air from a smotzing area is not drawn into or
across the nonsmoking area where all space between a floor and ceiling is enclosed on all sides
by solid walls or windows, exclusive of doors or passage ways, which extend from the floor to
the ceiling, including a11 space therein screened by partitions which do not extend between the
floor and ce'rling or are not solid. The doors of an enclosed area should remain closed whenevex
practicable.
"Operator" means and includes the owner, proprietor, manager, lessee, lessor, licensee or any
other person exercising control over any eating establishment or bu.
"Smoking" means the burnin~, inhaling or exhaling of a tobacco or canying any lighted pipe,
cigar, cigaretCe or other combustible substance in any manner or in any form.
12.40.020 Regulation of smoking in eating establishments and bowling alleps.
Smoking is prohibited and is unlawful within all indoor eating establishments and bowlin~
allevs.
12.40.030 Where smoking not regulated.
Notwithstanding any other provision of this chapter, the following areas shali not be subject
to the smoking restrictions of this chapCer:
(a) Bars; and
(b) Eating establishments while in use in their entirety for private functions; and
~ (c) Any patio ar other area of an eating establishment which is enrirely open to the sky.
Ordinance No. 2192-2006 Page 1 of 3
12.40.040 Sign posting requie•ement.
(a) The operator oP a bar, [OR] eating establishmenC or bowline allev controlled by Chis chapter
shall post signs stating "No Smoking," with leCters of not less than two (2) inches in height or the
international "No Smoking" symbol (eonsisting of a pictorial representation of a buming
cigarette enciosed in a red circle with a red bar across it), and with letters of not less than one (1)
inch in height, citing City of Kenai Municipal Code Chapter 12.~0. Signs shall be clearly,
sufficiently and conspicuously posted in every 1ocaTion where smoking is controlled by this
chapter.
(b) Every operator of an eating establishment or bowlin~ alley regulated by this chapter shall
have posted at the entrance of the eat~ng estabtishment or bowliag alley a sign clearly stating
"No Srnoking," which ineets the above described iequirements.
12.40.050 No reCaliation.
No person may retaliate or discriminate against any cusComer or employee because such
person exercises any ri~ht Co a smoke-free environment afforded by this chapter.
12.40.060 Violations and penalties.
(a) It is unlawful for any person who operates any premises subject to regulation under this
chapter to fail to comply with any provisions of this chapter.
(b) It is unlawful for any person to smoke in any area where smoidng is prohibited by Yhis
chapter.
(c) Any person who violates any provision of this ehapter shall be guilty of an infraction,
punishable by:
(1) A fine not exceeding one hundred dollars ($100.00), plus any surcharge required to be
imposed by AS 12.55.039, for a first violation within a twenty-four (24) month period;
(2) A fine not exceeding two hundred dollacs ($200.00), plus any surcharge required to be
imposed by AS 12.55.039, for a second violation within a twenty-four (24) month period as
measured from the date of first violation; or
(3) A fine not exceeding five hundred dollars ($500.00), plus any surcharge required to be
imposed by AS 12.55.039, for a thrrd ar addiCional violations within a twenty-four (24)
month period as measured from the date of firsf violation.
(d) Each and every day that such violation continues shall be deemed a separate and diseinct
violation.
(e) Any person aggrieved by a violation or threatened vioiation of this chapter ar the City may
bring a civil action against a person who violates this chapCer and may recover a eivil penalty not
Co exceed ehree hundred dollars ($300.00) per violation. An action to enjoin a violaCion may be
brought noCwrthstanding the availability of any other remedy.
12.40.070 Enforcement~
(a) Adm~nistration of this chapter shall be by Yhe City Manager or his or her designee(s). Any
person who desires to register a complaint hereunder may initiate enforcement consideration
with Che CiCy Manager or his or her designee(s).
(b) Prior to citing au owner for violation of this chapter, the City shall provide the operator with
a wriCCen warning for any such violation. Thereafter, in the case of the first violaCion of this
Ordinance No. 2192-2006 Page 2 oP 3
chapter in any two-year period, the operatar shall be subject to the penalties set forth in Section
12.40.060.
12.40.080 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws or regulation. Where state law and the provisions of this
chapter apply to ttle same area ar activities, the more sCringent provision creating a smoldng
prohibition shall apply.
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