ORDINANCE NO. 2011-05

AN ORDINANCE OF THE CHESTERTON TOWN COUNCIL AMENDING THE CHESTERTON TOWN CODE AND ESTABLISHING NON-SMOKING AREAS

WHEREAS, numerous studies, including those conducted by the U.S. Surgeon General and the Center for Disease Control, have found that tobacco smoke is a major contributor to indoor pollution and that breathing secondhand smoke is a cause of disease including lung cancer in non-smokers; and

WHEREAS, people at special risk to secondhand smoke include children, the elderly, individuals with cardiovascular disease or impaired respiratory function, including asthmatics and those with obstructive airway disease; and

WHEREAS, health hazards induced by breathing secondhand smoke include lung cancer, heart disease, respiratory infection, decreased respiratory function and broncho spasms; and

WHEREAS, the Town of Chesterton finds and declares that the purposes for this ordinance are: 1) to protect the health and welfare of employees of the Town of Chesterton and visitors to its municipal facilities by prohibiting smoking in buildings and vehicles owned, leased, or operated by the Town of Chesterton; and 2) to guarantee the right of non-smokers to breathe smoke-free air and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke in municipal facilities;

NOW, THEREFORE, BE IT AND IT IS HEREBY ORDAINED by the Chesterton Town Council as follows:

SECTION 1: That “ Chapter 3. Non-Smoking Areas” shall be added to the Chesterton Town Code, which shall hereafter read as follows:

Chapter 3. Non-Smoking Areas.

Sec. 3-1. Definitions.

a. Enclosed Area. All space between floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which extend from the floor to ceiling.

b. Person. Any individual, firm, partnership, association, corporation, company or organization of any kind.

c. Smoke or Smoking. The act of lighting, carrying, inhaling from or leaving a lighted or smoldering cigar, cigarette, or pipe of any kind.

Sec. 3-2. Smoking Prohibited in Town Facilities.

Smoking shall be prohibited in all enclosed facilities owned, leased or operated by the Town, including buildings and vehicles. The Chesterton Department of Parks and Recreation shall enact rules concerning non-smoking areas in the Chesterton parks. Any violation of the rules adopted by the Chesterton Department of Parks and Recreation shall subject the offender to the penalty provisions contained in Sec. 3-8 of the Chesterton Town Code.

Sec. 3-3. Reasonable Distance.

Smoking shall be prohibited within a reasonable distance from an area where smoking is prohibited by this chapter, but in no event any closer than 15 feet so as to insure that tobacco smoke does not enter into facilities designated smoke-free under this chapter through entrances, windows, ventilation intakes or other means.

Sec. 3-4. Enforcement.

A. This chapter shall be enforced by the Chesterton Police Department, Building Commissioner, Fire Department, Town Attorney, or an authorized designee of the aforementioned.

B. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Chesterton Police Department or Building Commissioner.

Sec. 3-5. Other Applicable Laws.

This chapter shall not be interpreted to permit smoking where it is otherwise restricted by other applicable laws or to supercede any federal, state or local laws which are more restrictive.

Sec. 3-6. Chapter to Be Broadly Interpreted.

This chapter shall be construed broadly to effectuate the purposes described in the preamble of Ordinance No. 2011-05.

Sec. 3-7. Effective Date

This chapter shall take effect from and after its adoption and publication as required by law, however, in no event shall it take place prior to April 1, 2011.

Sec. 3-8. Violations and Penalties.

Any employee of the Town who violates this ordinance shall be subject to disciplinary action pursuant to Sub-Section D of the Non-Smoking Policy in the “Personnel Policy Handbook”, located in Appendix “C” of the Chesterton Town Code.

Any person, who is not an employee of the Town and violates this ordinance, shall be punished by a fine of Fifty Dollars ($50.00) for a first violation; Two Hundred Dollars ($200.00) for a second violation; and Five Hundred Dollars ($500.00) for a third or subsequent violation; all of which shall be paid within 30 days of said violation to the Chesterton Ordinance Violation Bureau. Any failure to pay the prescribed fine for said violation(s) within thirty (30) days of the violation, or any subsequent violations of this chapter by the same person, shall subject the offender to a fine of not less than $200.00 nor more than $2,500.00 for each violation along with court costs imposed by a court of competent jurisdiction in Porter County. Each day in which a violation of this chapter occurs shall be considered a separate and distinct violation.

Sec. 3-9. Severability.

If any section, sentence, or provision of this chapter, or the application thereof to any person or circumstance, shall be declared unconstitutional or invalid, such invalidity shall not affect any of the sections, sentences, provisions, or applications of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are declared to be severable.

SECTION 2: That Appendix “C” entitled “Personnel Policy Handbook” of the Chesterton Town Code shall be amended to include a “Non-Smoking Policy” in Section C which shall read as follows:

NON-SMOKING POLICY

The Town recognizes that smoking in the workplace can adversely affect employees. Accordingly, the Town maintains a smoke-free environment for its employees and visitors to municipal facilities as follows:

A. Smoking Prohibited in Town Facilities

Smoking shall be prohibited in all enclosed facilities owned, leased or operated by the Town, including buildings and vehicles. The Chesterton Department of Parks and Recreation shall enact rules concerning non-smoking areas in the Chesterton parks. Any violation of the rules adopted by the Chesterton Department of Parks and Recreation shall be considered a violation of this policy.

B. Smoking Prohibited Within a Reasonable Distance of Town Facilities

Smoking shall be prohibited within a reasonable distance from an enclosed area where smoking is prohibited by this policy, but in no event any closer than 15 feet so as to insure that tobacco smoke does not enter into establishments designated smoke-free under this policy through entrances, windows, ventilation intakes or other means.

C. Non-Retaliation

No Town employee shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this policy.

D. Violation

Any employee who discovers a violation of this Policy shall notify his/her Department Head. Any employee who violates this policy shall be subject to disciplinary action, up to and including discharge.

SECTION 3: This Ordinance shall take effect from and after its adoption and publication as required by law, however, in no event shall it take effect prior to April 1, 2011.

ALL OF WHICH IS PASSED AND ADOPTED by the Chesterton Town Council this 28th day of March, 2011.

CHESTERTON TOWN COUNCIL

By: Sharon Darnell, President

Emerson DeLaney

Nicholas G. Walding

Jeff Trout

James G. Ton

ATTEST:

Gayle S. Polakowski

Clerk-Treasurer

(April 4, 2011)

(Note: This is the correct version of Ordinance 2011-05. An incorrect version was submitted and printed on March 31, 2011.)