HomeMy WebLinkAboutOrdinance No. 3957 ORDINANCE NO. .3gJr7
AN ORDINANCE CREATING AND ENACTING SECTION 85.27 OF THE
ROCHESTER CODE OF ORDINANCES, RELATING TO THE
PROHIBITION OF SMOKING IN PUBLIC TRANSIT PASSENGER
SHELTERS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 85.27 of the Rochester Code of Ordinances is hereby created and
enacted to read as follows:
85.27. Smoke Free Bus Shelters. Subdivision 1. The State of
Minnesota adopted its Freedom To Breathe Act of 2007 in order to protect
employees and the general public from the hazards of secondhand smoke by
eliminating smoking in public places, places of employment, public transportation
and at public meetings. In that law, the Minnesota legislature specifically
authorized home rule charter cities to enact and enforce more stringent
measures to protect individuals from secondhand smoke. The Common Council
determines that smoking in and around public transit passenger shelters is a
detriment to the public health, safety and welfare and the quality of life of the
citizens of the City. Citizens of the City have a right to an environment free from
excessive noise and sound that.may jeopardize their health, safety or welfare, or
degrade their quality of life. By the adoption of this ordinance, the City seeks to
further protect its citizens and visitors from the harmful effects of secondhand
smoke, and thereby promoting the public's health, safety and welfare.
Subd. 2. No person shall engage in smoking in a public transit
passenger shelter or within 15 feet of the.opening or entrance point of the shelter.
Subd. 3. For purposes of this section, the term "smoking" means the
inhaling or exhaling of smoke from any lighted cigar, cigarette, pipe or any other
lighted tobacco or plant product. "Smoking" also includes carrying a lighted cigar,
cigarette, pipe or any other lighted tobacco or plant product intended for inhalation.
Subd. 4. For purposes of this section, the term "public transit passenger
shelter" shall mean any public or private structure designed to provide shelter to
persons waiting to board, or disembarking from, any form of public transportation
service designed to transport passengers by means of a public bus or other public
motor vehicle.
Section 2. This Ordinance shall become effective upon the date of its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /XiN DAY OFF42C« , 2010.
j PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY/CLEINK
j APPROVED THIS DAY OF rP,,9&A , 2010.
MAYOR OF SAID CITY
(Seal of the City of
j Rochester, Minnesota)
Ord10/85.27
State of Minnesota
County of Olmsted
Sue Lovejoy , being duly sworn, on oath says that he/she is the publisher or
authorized agent and employee of the publisher of the newspaper known as the Post-Bulletin,
and has full knowledge of the facts which are stated below:
The newspaper has complied with all of the requirements constituting qualification as a
legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
The printed ordinance which is attached was cuff from the columns of said newspaper,
and was printed and published one time for one week on
Saturday, the 20th day of February, 2010.
/s Sue Lovejoy
Classified Supervisor
Subscribed and sworn to before me this 20th day of February, 2010.
/s Jean Bublitz
Notary Public, Olmsted County
My Commission Expires January 31, 2015