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01-05 - O4924 1733 TOWN OF PROSPER TEXAS P-01 01- ORDINANCE NO. 0 1 - 0 5 AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS REGULATING SMOKING IN MUNICIPAL BUILDINGS OF THE TOWN OF PROSPER, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. IWO 9606 WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council") has investigated and determined that the smoking of tobacco or weeds or other plant products has been demonstrated to have a detrimental effect on others in close proximity to the smoker; and WHEREAS, the Town Council has investigated and determined that it is the right of all citizens to be able to choose for themselves whether to smoke either actively or passively; and WHEREAS, the Town Council has further investigated and determined that it will be advantageous and beneficial to the Town of Prosper, Texas ("Prosper") and its citizens to provide its citizens and employees a smoke -free environment in all municipal buildings; and WHEREAS, the Town Council has further investigated and determined that it will be advantageous and beneficial to Prosper and its inhabitants to regulate smoking in all municipal buildings of Prosper, to reduce detrimental effects on not only the smoker, but others in close proximity to the smoker and to further the health, safety and welfare of Prosper and its citizens and employees. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Pu1pose. The Town Council hereby declares its purpose in enacting this Ordinance is to further the public health, safety and welfare of Prosper and its citizens through the regulation of smoking in all municipal buildings. REGULATING SMOKING IN MUNICIPAL BUILDINGS - Page 1 L:\MBOX4\PROSPER\Ordinances\No Smoking Ordinance.wpd 4924 1734 SECTION 3: Definitions. Prosper as used herein shall mean the Town of Prosper, Texas. Municipal buildings) as used herein shall mean the enclosed, indoor area of any building that is owned, occupied and/or operated by the Town of Prosper, Texas. Smoke or Smoking as used herein shall mean and includes the carrying or holding of a pipe, cigar or cigarette of any kind which is burning, or the igniting of a pipe, cigar or cigarette of any kind which is burning. SECTION 4: Prohibited in Municipal Buildings. A person commits an offense in violation of this Ordinance if he/she smokes or possesses a burning tobacco, weed or other plant product in any municipal building. SECTION 5: Posting of Signs. Prosper shall post conspicuous signs at the main entrance of each municipal building that read "No Smoking, Town of Prosper Ordinance No. 01-0 5 (offense punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00))". SECTION b: Extinguishment of Smoking Materiais. Prosper shall provide ashtrays for the extinguishment of smoking materials within twenty (20) feet of the entrance to any municipal building. SECTION 7: No Duty ©r Obligation. In undertaking the enforcement of this Ordinance, Prosper is assuming an undertaking only to promote the general health, safety and welfare of its citizens. Prosper is not assuming any duty or obligation, nor is it imposing any duty and/or obligation on its officers and/or employees, nor is it liable in money damages or otherwise to any person who claims that (1) Prosper and/or one of its officers and/or employees breached any such obligation, and (2) the breach proximately caused injury. SECTION 8: Penalty Pr-ovisioii. Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding TWO THOUSAND AND NO/100 DOLLARS ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. REGULATING SMOKING IN MUNICIPAL BUILDINGS - Page 2 L:\MBOX4\PROSPER\Ordinances\No Smoking Ordinance.wpd 4924 1735 SECTION 9: Savings/Repeating Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 10: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 11: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this day of 2001. STEP N tbFFMAN ATTESTED TO AND CORRECTLY RECORDED BY: Sri i a�. N/I�// Town Secretary APPROVED AS TO FORM: ABERNATHY, ROEDER, BOYD & JOPLIN, P.C. RICHARD M. ABERNATHY REBECCA BREWER ' Town Attorneys OF P 1'It, s 1 r sl t �crBi>*crd�v: oo ")P.Ca REGULA IY SOIOJhING 1N MUNICIPAL BUILDINGS -Page 3 "1A413Q#4OROSPUT60rdihancesWo Smoking Ordinance."d