MARQUETTE, MICHIGAN

AN ORDINANCE TO AMEND TITLE IV, CHAPTER 35,
SECTIONS 35.01, 35.02, 35.03, 35.04, 35.06,
AND 35.08, OF THE CODE OF THE CITY OF MARQUETTE TO
CHANGE THE REGULATIONS ON SMOKING

THE CITY COMMISSION FINDS THAT SMOKING IS A FORM
OF AIR POLLUTION, A POSITIVE DANGER TO HEALTH, AND A
MATERIAL ANNOYANCE, INCONVENIENCE, NUISANCE, DISCOMFORT,
AND A HEALTH HAZARD TO THOSE WHO ARE PRESENT IN CONFINED
SPACES AND THEREFORE THE CITY OF MARQUETTE ORDAINS:

Sections 35.01, 35.02, 35.03, 35.04, 35.06, 35.13, AND 35.14, are hereby deleted. Sections 35.01, 35.02, 35.03, 35.04, and 35.06 are amended to read as follows:

SMOKING REGULATIONS AND PROHIBITIONS

Section 35.01 Prohibited Smoking Declared Nuisance. No person shall smoke in a public place or in any business or place of employment except as permitted in this ordinance. A violation of this prohibition is hereby declared to be a public nuisance.

Section 35.02 Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section.

1. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. A "bar" for the purpose of this definition does not include any establishment where tobacco smoke can filter into any area where smoking is prohibited through a passageway, ventilation system, or any other means. A "bar" for the purposes of this ordinance shall not include any area where full meals are served, but may include the service of appetizers and snacks.

2. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

3. "Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.

4. "Employer" means any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons.

5. "Enclosed Area" means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "Office landscaping" or similar structures.

6. "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care of health care facility.

7. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, sports arenas, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters and waiting rooms. A private residence is not a "public place".

8. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in Section 35.02(1).

9. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

10. "Service Line" means any indoor line at which one (1), or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

11. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.

12. "Sports Arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

Sections 35.03 Reasonable Distance. Smoking may occur at a distance of 20 feet outside any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or any other means.

Section 35.04 Prohibition of Smoking in Places of Employment.

1. Effective July 1, 1998, it shall be the responsibility of the employers to provide a smoke-free work place for all employees, but employers are not required to incur any expense to make structural or other physical modifications.

2. Each employer having an enclosed place of employment located within the city shall adopt, implement, make known and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.

3. The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.

4. All employees shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

Sections 35.05 Where Smoking Not Regulated.

A. Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:

1. Bars which meet the requirements of Section 35.02 of this article.

2. Restaurants which meet the requirements of Section 35.02 of this article, may designate a smoking area no greater than 40% of its seating capacity. A smoking area shall either be designated in a contiguous area or in a room(s) for smokers. Smoke shall not be permitted to filter into any area where smoking is prohibited through a passageway, ventilation system, or any other means. Beginning January 1, 1998, the area designated for smoking shall be reduced to no more than 20% of the seating capacity, and by January 1, 1999, there shall be no designated smoking areas in restaurants.

3. Private residences, except when used as a child care, adult day care or health care facility.

4. Retail tobacco stores.

5. Public areas where bingo is held provided, that at least 40% of the seating area shall be designated and maintained as smoke free.

6. Restaurants, hotel and motel conference or meeting rooms and public and private assembly rooms while these places are being used for private functions.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment.

Section 35.06 Posting of Signs.

A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other area where smoking is prohibited by this ordinance, by the owner, operator, manager or other person having control of such building or other area.

B. Every public place where smoking is prohibited by this ordinance shall have posted at every entrance a conspicuous sign clearly stating smoking is prohibited.

C. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this ordinance, by the owner, operator, manager or other person having control of such area.

Section 35.07 Governmental Agency Cooperation. The City Manager shall request such governmental and educational agencies located within the City of Marquette to establish local operating procedures to cooperate and comply with this Chapter. In federal, state, and county offices within the City of Marquette, the City Manager shall urge enforcement of any existing no smoking prohibitions and request cooperation with this Chapter.

Section 35.09 Non-Discrimination. No person or employer shall discharge, or in any manner discriminate against any employee because such employee exercises any rights afforded by this Chapter. In addition to any other remedy or penalty provided by this Chapter, any person who is aggrieved by any employer with respect to other terms or conditions of employment in the exercise of rights guaranteed hereunder may file a complaint with the Marquette City Commission, and such complaint shall be adjudicated, adjusted, or remedied, in the same manner as a violation of a civil right which is declared or protected by this Chapter.

Section 35.10 Enforcement.

A. The City Manager shall be responsible for compliance with this Chapter in facilities which are owned, operated or leased by the City of Marquette.

B. The owner, operator, or manager of any public place or office work place shall post or cause to be posted all signs required by this Chapter. Owners, operators, managers or employees of the same shall be required to inform persons violating this Chapter of the provisions thereof when observed, or when such owner, operator, manager, or employee receives a request from a client, customer, or employee to inform persons who are in violation of this Chapter.

C. It shall be the responsibility of employers to disseminate information concerning the provisions of this Chapter to all employees.

Section 35.11 Violations and Penalties. Any person who violates any provision of this Chapter by smoking in other than a posted "Smoking Permitted" area or by failing to post or cause to be posted any sign required by this Chapter or by an owner, operator or manager permitting violations of this Chapter by people under his supervision, is guilty of a civil infraction, and upon being found responsible therefor shall be subject to a civil fine of not more than $50.00 for a first offense and not more than $100.00 for each subsequent offense.

A. The City Police and their duly appointed officers and inspectors shall be authorized to issue and serve appearance tickets with respect to any violations of this Chapter pursuant to MCL 764.9(c) (2) as amended.

Section 35.12 Education for Non-Smoking. The City Manager shall engage in a continuing program to inform and clarify the purposes of this Chapter to citizens affected by it, and to guide owners, operators, employers, and managers in their compliance.