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HomeMy WebLinkAboutOrdinance No. 4321 - Second Reading: ProhibitionOfSmokingInMunicipalParkingRamps ORDINANCE NO. _____ AN ORDINANCE CREATING AND ENACTING SECTION 85.28 OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE PROHIBITION OF SMOKING IN MUNICIPAL PARKING RAMPS. THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN: Section 1. Section 85.28 of the Rochester Code of Ordinances is hereby created and enacted to read as follows: 85.28. Smoke Free Municipal Parking Ramps. 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 Municipal Parking Ramp. 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 “Municipal Parking Ramp” shall mean any City-owned parking ramp, parking lot, parking structure, or other facility intended for the public’s use in parking motor vehicles. This term includes a lobby, stairway, elevator, or other area of the Ramp where a person gains access to or from the person’s vehicle. Section 2. This Ordinance shall become effective as of November 1, 2017. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: ____________________ CITY CLERK APPROVED THIS _____ DAY OF ___________________, 2017. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Ord15/85.28 ORDINANCE NO,4321 AN ORDINANCECRE- ATING AND ENACTING parking Still adtcare, or`"off- SECTION 85,28 OF THE er facility intended ler the ROCHESTER CODE OF Pubilo's use haTtris ing me- ORDINANCES, RELAY _.._._.. _._.._ for vehicles. ING TO THE: PROHIBI- .. AFFIDAVIT etudes a it of , st Tara at TION of sMOffINC IN F PUBLICATION etovatar, or agar area of MUNICIPAL- PARKING the Ranip where a person RAMPS' gains access,to or from rile THE':COMMON COUNCIL /-� person s veltiolc� OF'THF CITY OF ROCIr• State of Minnesota, County of Cilmsted Boulton 2. This ordinance Es,rER DO ORDAIN: shall become effective as Section 1,section 85.28 of of November 1,2017, the Rochester Code of Or- PASSED AND ADOPT- ' dinances is hereby created Sue 1.,ovejoy, being duly sworn, on, oath,filet she is the publisher or authorized Ery BY THE COMMON end enacted to read as fol- went and employee of the publisher of the newspaper known as the Post- COUNCIL OF THE CITY lows; OF ROCHESTER,MINNE- 85.28. Smoke Fred Mu- ! (Bulletin, and has full knowledge of the facts which are stated below: 90TA,THIS t5kh DAY of nlcipat Parking Ramps, October,2017.Subdivision 1, The state /at Ran dyy Staver 1 of Minnesota r adopted its ,Ct The newspaper has Com lied with all the re ullrements constitutin PRESIDENT of SAID Freedom Cp Breathe Act ) p�. g 9 COMMON COUNCIL , of 2007 in order to protect qualifications as a legal newspaper, as provided by Minnesota Statute. ATTEST: employees and the tela- /sJAnlssa Hollirrgshad oral public from the fra'. 331A.02, 331A.07 and other applicable laws, as amended. Is/AnIssaITY o ards of secondhand smoke APPROVED THIS 1911, # by eliminating smoking In DAY OF October„2017. public places, places of l ([�) The printed notice /s/Ardoli F.t3rede omltJeyanent� public irans- MAYOR ver lation and at prablic Seal of the City of Which is attached was out from the columns of said newspaper, and was Hnchaator„ funesetA meetings. to that ta�v,the �i I1`b12�1t Minnesota logusature spa- printed and published 1. time(s)y in print and online on the following dates: _. ciftrjaity authorized home rule charter cilies'to enact i and onforce more strin- Post Bulletin: 10/24/2017 gent measures to protect individuals from second- hand smoke. The Cont- naon Council e0tefrr,lnerm Printed below is a copy of the lower case alphabet from a to z, both inclusive, that public transit prising r which is herebyacknowledged as beingthe size and kind oft e used in the public hanst p5�tssongoi°� '� type shelters is a detriment to composition and publication of the notice: the public health, safety ; and welfare and the'rlual- lly of life of the citizens of abcdefghijk8rnnapgrstmixyz the city, right to of the POST-ILLETIYNOMPANY L.L.G. City have a right to an en- vironrnent free from ex- cessive noise and sound ! that may jeopardize their health,safety,orwolfare,or degrade their quality of life, TITLE: Media Sales Manager By the adoption of this or- dinance, tine City seeks to further protect Its citizens Subscribed and sworn to me on JEAN t3UI3t�IT and visitors from the harm- t fuf effects of see This [tS,y of � ; 2t] "� NOTARYPU13LIC»MINNESOTA smoke„ and thereby pro- v M tstittlm, x Jam 31,2020 rmttng the public's health, ( a„ y� p safety and wattare. .� _ ... Subd, 2 No person shall to Public ensilage in smoking in a] �. Municipal Parking Rarnp. RATE INFORMATI©N'. Subd. 3, For purposes of this section, the term "smoking"n7euns the infral- ! 1) Lowest classified nate paid by commercial user $21.95 mg or exhaling of sr'roke For comparable space (pen inch/per day/display rate) from/ any Ilglited cigar, cigarette, plprl or any oth- er Iiyyfiled tobacco or plant 2) Publication Fee $226.86 �ro20. Smoking" also irte;ludes carrying a lighted cigar,cigarette pipe or any other bodied kneaded' or Ad 4 225763:ORDINANCE NO.4321 AN ORDINANCE CREA plant product intended for inhalation, Subd. 4, For purppSes ol. this section, tlse terns"MU; n8cfpel Parting name shel(m anany Cit Y owned I rt morn, parlltna lot,