Brownsville, TX

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Smoking Ordinance 2012-1556

1. Why adopt a smoking ordinance?: Studies continue to demonstrate exposure to secondhand smoke (SHS) is causally linked to cancer and other serious health consequences among children and adults. Placing restrictions on smoking in public places is a key strategy to limit the public’s exposure to SHS (Texas Department of State Health Services).

3. Where is smoking prohibited?: Smoking shall be prohibited in all enclosed public places within the City of Brownsville, including enclosed places of employment, enclosed residential facilities, and certain outdoor areas outlined in the following sections or the ordinance, Section 54-173, Section 54-174, Section 54-175, Section 54-176.

4. What do you mean by "enclosed public places"?: Enclosed area means all space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows which extend from floor to the ceiling.

Public place means an enclosed area to which the public is invited or in which the public is permitted (Section 54-171).

5. Does this ordinance include city-owned facilities?: Yes! All enclosed facilities, including buildings and vehicles owned, leased, or operated by the City of Brownsville, shall be subject to the provisions of this ordinance (Section 54-172).

6. Can I smoke in the privacy of my own home?: Yes, unless your home is being facilitated as a child care facility, adult day care, or health care facility, and except as provided in Section 54-175 (Section 54-177).

7. What does Section 54-175 explain?: This section explains how smoking shall be prohibited in the following enclosed residential facilities:
A. All private and semi-private rooms in nursing homes.
B. At least 80% of hotel and motel rooms that are rented to guests (Section 54-175).

8. I sometimes like to relax at bars with a beverage and a cigarette; am I not allowed to smoke a cigarette in a bar anymore, since it is considered a "public place"?: No, smoking is permitted outside the business within a reasonable distance of 20 feet of any entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited (Section 54-176).

9. My company has a section at work that is designated for smoking, are employees allowed to smoke in this area?: Yes, if this area is in compliance with this ordinance and is within a reasonable distance of 20 feet of any entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited (Section 54-176).

10. Can I smoke at the outdoor flea market?: No, this ordinance prohibits smoking in all indoor or outdoor flea markets. (Section54-176)

11. My place of business has ashtrays placed outside entrance of my establishment, am I allowed to have the ashtrays there?: No, this ordinance prohibits any and all ashtrays to be in an area where smoking is prohibited and should be removed by the owner, operator, manager, or other person having control of the area. (Section 54-179)

12. I own a business, how do I know that my business is in compliance with this ordinance?: Upon request, you may be issued a no Smoking sign. Every public place and place of employment where smoking is prohibited by this ordinance shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited (Section 54-179).

In addition, an owner, manager, operator, or employee of an establishment regulated by this ordinance shall inform persons violating this ordinance of the appropriate provisions thereof (Section 54-181).

13. Who is responsible to enforce the Smoking Ordinance?: The Smoking Ordinance is to be enforced by the City Manager or an authorized designee, such as The Health Department, Building Inspections Department, Fire Department, Police Department, Public Works Department Directors, or their designee(s) shall, while establishment is undergoing otherwise mandated inspections, inspect for compliance with this ordinance (Section 54-181).

14. What happens if someone violates the Smoking Ordinance?: Violation of this ordinance is here by declared to be a public nuisance and is subject to punishment. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof in which the violation is continued or permitted and will be fined up to $2,000.

In addition, a person who owns, manages, operates, or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license issued to the person for the premises on which the violation occurred (Section 54-182).

15. How can I learn more about this ordinance?: As part of the ordinance, the City Manager or his designees shall engage in a continuing program to explain and clarify the purposes and requirements of the Smoking Ordinance to citizens affected by it, and to guide owners, operators, and mangers in their compliance. The program may include publication of a brochure for affected businesses and individuals explaining the provisions of this ordinance (Section 54-183).