SMOKING AND USE OF TOBACCO
Garden City Community College adheres to City of Garden City ordinances pertaining to smoking and the use of tobacco, including the prohibition of smoking in buildings and within 50 feet of primary entrances. In addition, smoking and other use of tobacco is prohibited in campus buildings and vehicles by GCCC policy. Areas and locations where smoking is prohibited and permitted are shown on this campus map.
Garden City Community College policy pertaining to use of tobacco:
TOBACCO FREE CAMPUS
Neither smoking nor chewing of tobacco is allowed within the college buildings or college vehicles.
City of Garden City ordinance pertaining to use of tobacco:
ARTICLE IV. SMOKING IN DESIGNATED PUBLIC PLACES
The purpose of this article is to (1) improve and protect the public's health by eliminating smoking in designated public places; (2) acknowledge the right of nonsmokers to breath smoke-free air; and (3) recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-73. Definitions.
The following words and phrases, whenever used in this article, shall be construed as defined in this section:
Educational facility shall mean any building, structure, or athletic field and seating area, owned by a unified school district or a community college.
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.
For the purposes of this article, the following shall not be considered an enclosed area:
(1) Rooms or areas enclosed by walls or windows having neither a ceiling nor a roof and which are completely open to the elements and weather at all times.
(2) Rooms or areas enclosed by walls or windows and a roof or ceiling, having an opening at least 20 percent of the total perimeter wall area completely and permanently open to the elements and weather.
Food service establishment shall mean any place in which food is served or is prepared for sale or service to the public on the premises or elsewhere. Such term shall include, but not be limited to, restaurant, coffee shop, cafeteria, cafe, grill, sandwich shop, tavern, private club, and any other private, public or nonprofit organization or institution routinely serving food and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
Licensed premises shall mean any premises where alcoholic liquor or cereal malt beverages, or both, by the individual drink as defined by K.S.A. chapter 41 and amendments thereto, is served or provided for consumption or use on the premises with or without charge. Such term shall include drinking establishments, class A private clubs, class B private clubs, and cereal malt beverage retailers, all as defined by K.S.A. chapter 41, and amendments thereto, and chapter 6 of this Code.
Public assembly seating shall mean any bleacher section, grandstand, or other seating, affixed and permanent in nature located in the city, on any property owned or leased by any municipality, whether city, county, state, school district or community college.
Smoking means possession of a cigarette, cigar, or pipe partially or wholly consisting of or containing burning vegetation, or possession of any other device containing burning vegetation that is used for the introduction of smoke from the burning vegetation into the human body. For the purposes of this definition, the term vegetation includes, but is not limited to, tobacco.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-74. Prohibition of smoking in public places.
Smoking shall be prohibited in the following described public places within the city:
(1) Food service establishments, and licensed premises, as defined in section 50-73(3) and (4) of this article, excluding areas of a food service establishment or licensed premises that are not enclosed, such as patios, outdoor dining areas, and courtyards;
(2) Every room, chamber, place of meeting or public assembly under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress;
(3) Private clubs and fraternal organization facilities, not otherwise defined as a licensed premise;
(4) Educational facilities;
(5) Public assembly seating areas;
(6) Outside of any of the above, within 50 feet of the primary public entrance or exit, as applicable.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-75. Additional declaration of nonsmoking establishment.
Notwithstanding any other provision of this article, any owner, operator, manager or other person who controls any establishment described in this article may declare that entire establishment as a nonsmoking establishment.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-76. Application of article to city-owned facilities.
All enclosed facilities owned by the city shall be nonsmoking at all times notwithstanding other provisions of this article.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-77. Posting of signs.
(a) The owner, manager or other person having control of premises where smoking is prohibited by this article, shall have a conspicuously posted sign clearly stating that smoking is prohibited at each entrance and within the building or other areas where smoking is prohibited.
(b) The owner, manager or other person having control of premises where smoking is allowed and not prohibited by this article, shall have a conspicuously posted sign clearly stating that smoking is allowed at each entrance and within the building or other areas where smoking is allowed.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-78. Enforcement.
(a) The chief of police, Garden City police department, or his or her designated agent shall be responsible for enforcing the provisions of this article within the city.
(b) Any person may register a complaint under this article to initiate enforcement with the chief of police.
(c) Any owner, manager, operator or employee of any premises regulated by this article shall be responsible for informing persons violating this article that smoking is prohibited on the premises.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-79. Violations and penalties.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this article to fail to comply with all of its provisions.
(b) It shall be unlawful for any person who owns, manages, operates or otherwise controls any premises subject to regulation under this article to allow smoking to occur where prohibited by this article. Any such person allows smoking to occur under this section if he or she:
(1) Has knowledge that smoking is occurring; and
(2) Acquiesces to the smoking under the totality of the circumstances.
(c) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this article.
(d) Any person who violates any provision of this article, except section 50-77 of this article, shall be guilty of a class C violation punishable as follows:
(1) A fine not exceeding $100.00 for the first violation;
(2) A fine not exceeding $200.00 for a second violation within a one year period of the first violation;
(3) A fine not exceeding $500.00 for a third or subsequent violation within a one year period of the first violation;
(4) For the purposes of this subsection, the number of violations within a year shall be measured by the date the smoking violations occur.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-80. Other applicable law.
This article shall not be interpreted nor construed to permit smoking where it is otherwise restricted by other applicable laws.
(Ord. No. 2339, § 1, 8-8-06)
Sec. 50-81. Severability.
If any provision, clause, sentence or paragraph of this article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.
(Ord. No. 2339, § 1, 8-8-06) |
