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BULLETSt. Louis City Revised Code Chapter 11.32 Smoking Part II

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.32
Smoking
PART II PUBLIC AREAS

Sections:

11.32.050 No smoking provisions--Scope.
11.32.060 Definitions.
11.32.070 Places where smoking prohibited.
11.32.075 Places where smoking permitted.
11.32.080 Signs to be posted.
11.32.085 Retaliation prohibited.
11.32.090 Enforcement.
11.32.095 Exceptions.
11.32.100 Penalties for violation.
11.32.105 Reporting.

11.32.050 No smoking provisions--Scope.

A. In order to enhance the public health and to protect the public from the real and ascertainable dangers associated with the smoking of tobacco, the provisions of Sections 11.32.050 through 11.32.090 shall apply to and be in effect in any building or part thereof which is owned by the City and which is located within the political boundaries of the City.

B. Further this chapter shall apply to buildings occupied by the City or agencies of the City, to the extent of its occupancy; intent of this chapter being to limit the area of the ordinance's application to those areas controlled and occupied by the City.

C. Additionally this chapter shall require all future leases executed by the City for the use and occupancy of the City or its agencies to provide for the provisions of this chapter.
(Ord. 62523 1, 1992.)

11.32.060 Definitions.

For the purpose of this chapter certain words are defined as follows:

A. "Building" means any building, structure or enclosure which is closed in by a roof and walls with openings for entry and exit.

B. "Department Head" means the head of each department or office established by the City Charter or ordinances or departments established administratively, and includes the administrator of any board commission or council, includes all county office holders elected city-wide.

C. "Director" means the Director of Public Service as defined by the City Charter.

D. "Public area" means that part of a building which is available to the general public for the conduct of business with the City, County or State of Missouri offices or for the provision of services by the City, County or the State of Missouri, and including but not limited to lobbies, hallways, meeting and conference halls and rooms, court rooms, office waiting rooms, elevators, stairways and public rest rooms.

D. "Smoke" or "smoking" means having in one's possession a lighted cigar, cigarette, pipe, or any other lit object made of or containing tobacco or other vegetable product.
(Ord. 62523 2, 1992.)

11.32.070 Places where smoking prohibited.

No person shall smoke in any public or non-public area of any building owned, leased or operated by the City of St. Louis, nor in any public or non-public area of any building occupied by the City of St. Louis to the extent of such occupancy.
(Ord. 65991 2, 2003.)

11.32.075 Places where smoking permitted.

Smoking shall be permitted within a reasonable distance outside an enclosed area where smoking is prohibited. Within ninety (90) days of the effective date of the ordinance codified in this section the Health Commissioner shall designate safe and convenient smoking areas so as to insure that tobacco smoke does not enter the area through entrances, windows, ventilation systems, or other means.
(Ord. 65991 3, 2003.)

11.32.080 Signs to be posted.

A. The Health Commissioner shall cause "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) and "Smoke Free Environment" signs to be clearly and conspicuously posted in every public facility where smoking is prohibited by this chapter.

B. Every public facility where smoking is prohibited by this chapter, including every dining area within such a facility, shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

C. The Health Commissioner shall cause all ashtrays and other smoking paraphernalia to be removed from any area where smoking is prohibited by this chapter.
(Ord. 65991 4, 2003.)

11.32.085 Retaliation prohibited.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against an employee, applicant for employment, or customer because that employee, applicant, or customer exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this chapter.
(Ord. 65991 5, 2003.)

11.32.090 Enforcement.

This chapter shall be enforced by the Health Commissioner and the City Marshal. Such enforcement shall begin ninety (90) days after the effective date of the ordinance codified in this section.
(Ord. 65991 6, 2003.)

11.32.095 Exceptions.

The provisions of this chapter shall not apply to the public areas of the terminal buildings of Lambert-St. Louis International Airport.
(Ord. 65991 7, 2003.)

11.32.100 Penalties for violation.

A. Any person who violates the provisions of this chapter shall be subject to a fine of not more than fifty ($50) dollars or be required to perform not more than eight (8) hours of community service.

B. Any person who is found to have violated the provisions of this chapter on two or more occasions within any six month period shall be assessed a fine of not more than five hundred ($500) dollars and required to perform not more than forty (40) hours of community service.

C. The court is authorized to suspend the imposition of any fine or community service assessed upon the provisions of this section if the defendant completes a court approved smoking cessation program.
(Ord. 65991 8, 2003.)

11.32.105 Reporting.

Within one hundred and eighty (180) days of the effective date of the ordinance codified in this section the Health Commissioner shall submit a written report to the members of the Health and Human Services Committee of the Board of Aldermen detailing the implementation and enforcement of the provisions of this chapter.
(Ord. 65991 9, 2003.)

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