Tuesday, October 09, 2007
Information On Pikeville Smoking Ban That Starts Nov 1st
The Smoking Ban will go into effect for the City of Pikeville on Nov 1st.
Here are some of the highlights of the ordinance which addresses where you can and cannot smoke:
Section 120.04 Smoking is prohibited in all enclosed public places within the city limits of Pikeville. Smoking is prohibited in all areas of restaurants.
Section 120.05 Smoking is prohibited in all enclosed facilities within places of employment. It also states employers may elect as an exception to provide and enclosed smoking area. Which means an employer can have smoking areas as long as it is for employees only and the room is completely enclosed, labeled as an enclosed smoking area and door to room remains closed at all times not to allow second hand smoke to escape.
Section 120.06 Prohibits smoking in outdoor arenas and stadiums. It does allow those facilities to designate a smoking area as long as such area is outdoors, well ventilated and at a reasonable distance from any main path, entrance, window, or ventilation system. Area also has to be labeled as a smoking area.
Section 120.07 you are allowed to smoke in the city outdoors as long as the smoking is not near an outside entrance or open windows of any enclosed area in which smoking is prohibited and from the air intake of a ventilation system where smoking is prohibited.
120.08 Defines where smoking is allowed
Any dwelling . However you can’t smoke in a lobby, common elevator, common hallway or any other common area of the building containing attatched dwelling unit. But if a hospital, hospice or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a non – smoker without that person’s consent. This exception does not extend to private residents when they are used as a license childcare, adult day care, or health care facility.
Enclosed areas that may designate at the employee’s discretion as an enclosed smoking area for the use of employees who smoke.
Private clubs. Those areas of such clubs that are used as restaurants or for other functions open to the public are not exempted
Hotel and motel room that are rented to guest and are designated as smoking rooms.
Retailed tobacco stores
Freestanding bars where the patrons or guest must be at least 21 years of age to enter. The smoke may not be allowed to infiltrate into any public place not exempt. Doorways and windows leading to other public places shall remain closed at all times except to allow entrance or exits. Signs prohibiting patrons or guest under 21 years of age to enter shall be clearly posted
Outdoor areas of places of employment as long as not in front of window, entrance or intake systems
Bingo parlors where patrons, guest and workers must be at least 18 years of age or older to enter.
Section 120.09 States that any owner, operator manager or other person in control of an establishment, facility or outdoor arena may declare the entire establishment, facility or outdoor arena smoke free
Section 120.12 Failure to follow this policy will allow law enforcement to levy fines against the person in charge and the establishment may result in loss of their permit or business license, including but not limited to alcoholic beverage license
Section 120.99 Any person found guilty smoking would be fined $50.00. An employee or person in charge of a non – smoking establishment that violates the ordinance by allowing someone to smoke could incur a fine that would range from $50 for 1st offense to $250.00 for a thirdand every offense after within a one year period. Under this section business failing to comply may also lose their permit or license to operate a business in the city.
Here are some of the highlights of the ordinance which addresses where you can and cannot smoke:
Section 120.04 Smoking is prohibited in all enclosed public places within the city limits of Pikeville. Smoking is prohibited in all areas of restaurants.
Section 120.05 Smoking is prohibited in all enclosed facilities within places of employment. It also states employers may elect as an exception to provide and enclosed smoking area. Which means an employer can have smoking areas as long as it is for employees only and the room is completely enclosed, labeled as an enclosed smoking area and door to room remains closed at all times not to allow second hand smoke to escape.
Section 120.06 Prohibits smoking in outdoor arenas and stadiums. It does allow those facilities to designate a smoking area as long as such area is outdoors, well ventilated and at a reasonable distance from any main path, entrance, window, or ventilation system. Area also has to be labeled as a smoking area.
Section 120.07 you are allowed to smoke in the city outdoors as long as the smoking is not near an outside entrance or open windows of any enclosed area in which smoking is prohibited and from the air intake of a ventilation system where smoking is prohibited.
120.08 Defines where smoking is allowed
Any dwelling . However you can’t smoke in a lobby, common elevator, common hallway or any other common area of the building containing attatched dwelling unit. But if a hospital, hospice or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a non – smoker without that person’s consent. This exception does not extend to private residents when they are used as a license childcare, adult day care, or health care facility.
Enclosed areas that may designate at the employee’s discretion as an enclosed smoking area for the use of employees who smoke.
Private clubs. Those areas of such clubs that are used as restaurants or for other functions open to the public are not exempted
Hotel and motel room that are rented to guest and are designated as smoking rooms.
Retailed tobacco stores
Freestanding bars where the patrons or guest must be at least 21 years of age to enter. The smoke may not be allowed to infiltrate into any public place not exempt. Doorways and windows leading to other public places shall remain closed at all times except to allow entrance or exits. Signs prohibiting patrons or guest under 21 years of age to enter shall be clearly posted
Outdoor areas of places of employment as long as not in front of window, entrance or intake systems
Bingo parlors where patrons, guest and workers must be at least 18 years of age or older to enter.
Section 120.09 States that any owner, operator manager or other person in control of an establishment, facility or outdoor arena may declare the entire establishment, facility or outdoor arena smoke free
Section 120.12 Failure to follow this policy will allow law enforcement to levy fines against the person in charge and the establishment may result in loss of their permit or business license, including but not limited to alcoholic beverage license
Section 120.99 Any person found guilty smoking would be fined $50.00. An employee or person in charge of a non – smoking establishment that violates the ordinance by allowing someone to smoke could incur a fine that would range from $50 for 1st offense to $250.00 for a thirdand every offense after within a one year period. Under this section business failing to comply may also lose their permit or license to operate a business in the city.
# posted by Joe Kinzer @ 7:08 PM 
