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Ordinance No. 16-04 1 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL ORDINANCE NO. 16-0 y AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE TO PROHIBIT SMOKING ON CITY OWNED OR OPERATED PROPERTY WHEREAS, the Tigard City Council has general supervision, management, and control of all City property;and WHEREAS, smoking near building entrances, air intakes, and gathering areas near buildings negatively affects the public health;and WHEREAS, state law prohibits smoking within 10 feet of all entrances, exits, windows that open, and air intakes on all public places or places of employment;and WHEREAS, City Council wishes to expand the state law and prohibit smoking on all City owned or operated property;and WHEREAS, City Council believes it is appropriate to phase-in implementation of this ordinance in order to allow for greater community outreach. NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Section 7.82 of the Tigard Municipal Code is hereby created, as provided in Exhibit A. SECTION 2: This ordinance shall be effective July 1,2016. SECTION 3: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance be enforced. PASSED: By 7) G 6 t vote of all council members present after being read by number anJtitler i only,this 6 t `day of z; n i1 a r - ,2016. Carol A. Krager,City Recorder r �r Ordinance No. G "L / 50014-36799 Tigard City Smoking Ban Ordinmrce.DOCX'CAK 1 27 2016 APPROVED: By Tigard City Council this ;:r )day of Pa VI t c .(a ,2016.4Jo Cook,Mayor Li4 Approved as to fo • U (5 City Attorney 1 al- Date Ordinance No. 0 '1 500/4-36799 Tigard City Smoking Ban Ordl Hance.DOCX CAK4/17/2016 TIGARD MUNICIPAL CODE Chapter 7.82 SMOKING. extend to City rights of way. Sections: 7.82.040 Penalty For Violation. Failing to comply with this chapter shall be a 7.82.010 Policy Of City Council. violation. The civil penalty for violation of this 7.82.020 Definitions. chapter shall not exceed $100 for the first violation, 7.82.030 Prohibited Conduct. and shall not exceed $500 for subsequent violations 7.82.040 Penalty For Violation. within 12 months of a previous violation of this chapter. Each violation of this chapter shall 7.82.010 Policy Of City Council. constitute a separate offense. The City Council declares its intention to exercise general supervision, management and control of all City owned and operated property and to prevent and prohibit conduct that interferes with serving the public and to preserve the enjoyment, safety, comfort, and convenience of the public and City employees. 7.82.020 Definitions. As used in this chapter, unless the context requires otherwise: (1) "City" means the City of Tigard. (2) "Smoke" means to inhale, exhale, or possess any lighted or burning cigar, cigarette, pipe, weed, plant, or other substance grown, manufactured, or processed which is intended to be used for smoking in any form. "Smoke" also means to inhale, exhale, or possess an electronic cigarette or a similar device intended to emulate smoking. (3) "Smoking instrument" means any cigar, cigarette, pipe, electronic cigarette, or other smoking equipment. 7.82.030 Prohibited Conduct. No person shall smoke or carry any lighted smoking instrument on any City owned or operated property. This prohibition shall not 7-82-1