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<br />- <br /><r' - 36 <br /><!. ( " <br /> <:r' <br />.... -..... <br /> --- ORDINANCE 1991- 26 <br /> (j' <br /> Q"" <br /> - <br /> - <br /> ,!--, <br /> "\J AN ORDINANCE OF THE CITY COUNCIL OF <br /> THE CITY OF SAN MARCOS, TEXAS, <br /> AMENDING CHAPTER 16, MISCELLANEOUS <br /> OFFENSES AND PROVISIONS, OF THE SAN <br /> MARCOS CODE OF ORDINANCES TO ADD AN <br /> ARTICLE V, CLEAN AIR, INCORPORATING <br /> RESTRICTIONS ON SMOKING; PROVIDING <br /> FOR SEVERABILITY; REPEALING ALL <br /> CONFLICTING ORDINANCES; PROVIDING <br /> FOR A PENALTY; PROVIDING FOR <br /> PUBLICATION; AND PROVIDING AN <br /> EFFECTIVE DATE. <br /> WHEREAS, the Surgeon General of the united states has declared <br /> that smoking is the number one public health issue of our time; <br /> and, <br /> WHEREAS, the City Council recognizes the increasing evidence <br /> that tobacco smoke creates a danger to the health of citizens, and <br /> is a cause of annoyance and discomfort to those who are in confined <br /> spaces where smoke is present; and, <br /> WHEREAS, in order to protect the health and welfare of the <br /> citizens, as well as to protect the rights of smokers and <br /> nonsmokers, it is necessary to restrict the areas of buildings in <br /> which smoking is permitted; now, therefore, <br /> BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br /> TEXAS: <br /> SECTION 1. That Chapter 16, Miscellaneous Offenses and <br /> Provisions, of the San Marcos Code of Ordinances is hereby amended <br /> by adding an Article V to read as follows: <br /> ARTICLE V. CLEAN AIR AREAS <br /> Sec. 16-70. Definitions. <br /> In this Article: <br /> (1) "Clean air area" means: <br /> (A) The entire enclosed indoor area of the <br /> following: <br /> (1) Public meeting rooms and common <br /> areas of buildings under the control <br /> of the city, a county, or other <br /> governmental agency; <br /> (2) Public meeting rooms, classrooms/and <br /> common areas of primary and <br /> secondary school buildings; <br /> (3) Public areas of grocery stores and <br /> other retail stores; <br /> (4) Meeting rooms and public areas of <br /> hotels and motels; <br /> (5) Meeting rooms and common areas of <br /> heal th care facilities and nursing <br /> and convalescent homes; <br /> (6) Classrooms, bedrooms and common <br /> areas of child care facilities; <br />