Ord 2013-057/Prohibit Smoking in the enclosed areas of all public places and workplaces

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ORDINANCE NO. 2013 -57 AN ORDINANCE AMENDING CHAPTER 34, ARTICLE 5, DIVISION 2 OF THE SAN MARCOS CITY CODE BY ADDING PROVISIONS TO PROHIBIT SMOKING IN THE ENCLOSED AREAS OF ALL PUBLIC PLACES AND WORKPLACES; PROVIDING EXCEPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE Recitals: 1. The San Marcos City Council hereby determines that it is necessary to prohibit smoking in the enclosed areas of public places and workplaces in order to protect the health, safety, and comfort of residents, visitors, and employees by reducing or eliminating their exposure to the harmful effects secondhand smoke. 2. The San Marcos City Council hereby finds that prohibiting smoking in all enclosed areas of public places and workplaces will create a uniform regulatory environment for all businesses BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. Chapter 34, Article 5, Division 2, Sections 34.256 through 34.263 of the San Marcos City Code, as adopted prior to the enactment of this ordinance, are hereby repealed and replaced with a new Division 2 which shall to read in its entirety as follows: DIVISION 2. SMOKING IN PUBLIC PLACES Sec. 34.256. Definitions. In this division: (1) EMPLOYEE means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, or a person who volunteers his or her services for a non - profit entity. (2) EMPLOYER means a person who employs the services of one or more individuals. (3) ENCLOSED AREA means all space from the floor to the ceiling that is fully enclosed or capable of being fully enclosed on all sides by walls, windows, or doors in any combination.