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ORDINANCE NO. $$
AN ORDINANCE OF THE CITY OF KENNEDALE PROHIBITING
SMOHING IN BUILDINGS OWNED OR LEASED BY THE CITY OF
KENNEDALE; PROVIDING FOR THE POSTING OF SIGNS AND THE
PLACING OF RECEPTACLES AT ENTRANCES; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale, Texas is a Type A general-law municipality
located in Tarrant County, created in accordance with the provisions of Chapter 6 of the
Local Government Code and operating pursuant to the enabling legislation of the State of
Texas; and
WHEREAS, there is a substantial body of evidence which reveals that the smoking
of tobacco is a positive danger to health and a material annoyance, inconvenience,
discomfort and a health hazard to those who are present in confined spaces; and
WHEREAS, the city council of the city of Kennedale finds it to be in the best interest
of the health, welfare and comfort of the citizens of Kennedale to provide for no smoking
areas in buildings owned by the City of Kennedale.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KENNEDALE:
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SECTION 1.
DEFINITION S
The following words and terms when used in this Ordinance shall have the meanings
respectively ascribed to them in this Section:
Smoking means the possession of, or inhaling or exhaling the smoke of, any burning
cigar, cigarette, pipe, or similar article, using tobacco, tobacco product, weed, or plant
product in any form.
Tobacco Product means a cigarette, cheroot, stogie, cigar, snuff, smoking tobacco,
chewing tobacco and any article or product made of tobacco or a tobacco substitute.
SECTION 2.
SMOKING PROHIBITED IN CITY BUILDINGS
It shall be unlawful for any person to smoke in any public building owned by the City
of Kennedale.
SECTION 3.
SIGNAGE REQUIRED
The city administrator or his designee shall post signs prohibiting smoking at all
entrances to public buildings owned or leased by the City of Kennedale and at such other
locations within the buildings deemed necessary by the city administrator to reasonably
notify persons that smoking is prohibited. A sign prohibiting smoking shall be sufficient if
it contains the words "No Smoking, City of Kennedale Ordinance," the universal symbol for
no smoking, or other language that clearly prohibits smoking. The signs shall he posted so
as to be readily observable by a reasonably observant person.
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SECTION 4.
RECEPTACLES
The city administrator or his designee shall place receptacles for the extinguishment
of smoking materials near the entrances to the public buildings owned or leased by the City
of Kennedale.
SECTION 5.
Nothing in this ordinance shall be construed to permit smoking where it is otherwise
prohibited by law or regulation.
SECTION 6.
PENALTY FOR VIOLATIONS
Any person, who violates any of the provisions of this ordinance shall be guilty of a
misdemeanor and upon conviction thereof shall be fined an amount not more than Two
Thousand Dollars ($2,000.00). Each day that a violation is permitted to exist shall constitute
a separate offense.
SECTION 7.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Kennedale, Texas, as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances, in which event the conflicting provisions of
such ordinances are hereby repealed.
SECTION 8.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
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sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 9.
All rights and remedies of the City of Kennedale are expressly saved as to any and
all violations of the provisions of the ordinances of City of Kennedale, as amended or any
other ordinances affecting smoking which have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be affected
by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 10.
The City Secretary of the City of Kennedale is hereby directed to publish the caption,
penalty clause, publication clause and effective date clause of this ordinance in every issue
of the official newspaper of the City of Kennedale for two days, or one issue of the
newspaper if the official newspaper is a weekly newspaper, as authorized by Section 52.011
of the Local Government Code.
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SECTION 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS ~_ DAY OF ~~/LCD' , 1995.
MAYOR
ATTEST:
~~~~
CITY SECRE ARY
EFFECTIVE: ~~ ~~Z' 9~
APPROVED AS TO FORM AND LEGALITY:
~ I~ o
City Attorney
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