03-03-2008 City Council Special Meeting PacketCity of Grand Island
Monday, March 03, 2008
Special Meeting Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Jeff Pederson
City Clerk:
RaNae Edwards
M
o
8:00:00 AM
Council Chambers - City Hall
100 East First Street
Tom Brown
Larry Carney
John Gericke
Peg Gilbert
Joyce Haase
Robert Meyer
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Jose Zapata
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item -1
#9158 - Consideration of a Smoking Ban Ordinance
Monday, March 03, 2008
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: March 3, 2008
Subject: Consideration of Smoking Ban Ordinance
Item #’s: 1
Presenter(s): Jeff Pederson, City Administrator
Background
The purpose of this ordinance is to move forward with a local smoking limitation law in
advance of the time when the new state law will become effective.
Discussion
The model ordinance that had been referenced by prior City Council Resolutions has
been put in final ordinance form for your consideration for passage at this time.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Take no action on the issue
Recommendation
City Administration recommends that the Council pass this ordinance in order to have in
place a local smoking limitation law at the earliest possible date.
Sample Motion
Move to approve Ordinance #9158 implementing a smoking ban in the City of Grand
Island.
Approved as to Form ¤ ___________
February 29, 2008 ¤ City Attorney
ORDINANCE NO. 9158
An ordinance to create Chapter 39 of the Grand Island City Code to ban smoking
in all businesses, bars, restaurants and public places in the City of Grand Island ; to repeal any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Chapter 39 of the Grand Island City Code shall read as
follows:
§39.1 Title
This section shall be known as the Grand Island Smoking Regulation Act.
§39.2 Purpose
The City Council does hereby declare it to be the public policy of this City to encourage places of
employment and public places to reduce the health and safety risks posed by smoking in places of employment
and public places. The City Council authorizes the Health Director of the Central District Health Department
and law enforcement to administer and enforce this Section within the City of Grand Island.
§39.3 Definitions; General Provisions.
For the purposes of this Section, the following words and phrases shall have the meaning ascribed to them
by this Section.
Employed. Employed shall mean hired, contracted, subcontracted, or otherwise engaged to furnis h goods or
services.
Employee. Employee shall mean a person who is employed by an employer in consideration for direct or
indirect monetary wage(s), profit, or other remuneration.
Employer, Employer shall mean a person, nonprofit entity, sole proprietorship, partnership, joint venture,
corporation, limited partnership, limited liability company, co-op, firm, trust, association, organization, or other
business entity formed for profit -making purposes, including retail establishments, where goods or services are
sold, who employs one or more employees.
Guestroom or Suite. Guestroom or suite shall mean sleeping rooms and directly associated private areas,
such as bathrooms, living rooms, and kitchen areas, if any, rented to the public for their exclusive transient
occupancy including, but not limited to, guestrooms or suites in hotels, motels, inns, lodges, or other such
establishments.
Health Director. Health Director shall mean the Director of the Central District Health Department or
authorized representative(s).
Indoor Area. Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are
continuous and solid except for closeable entry and exit doors and windows and in which less than twenty
percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height,
only the first eight feet shall be used in determining such percentage.
International No-Smoking Symbol. International no-smoking symbol shall mean a pictorial representation of
a burning cigarette enclosed in a red circle with a red bar across it.
Place of Employment. Place of employment means an indoor area under the control of a proprietor that an
employee accesses as part of his or her employment without regard to whether the employee is present or work
ORDINANCE NO. 9158 (Cont.)
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is occurring at any given time. The indoor area includes, but is not limited to, any work are, employee
breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. A private
residence is a place of employment when such residence is being used as a licensed child care program and one
or more children who are not occupants of such residence are present.
Proprietor. Proprietor shall mean any employer, owner, operator, supervisor, manager or any other person
who controls, governs, or directs the activities in a place of employment or public place.
Public Place. Public place shall mean an indoor area to which the public is invited or in which the public is
permitted, whether or not the public is always invited or permitted and shall also include a ten (10) foot arc by
every entrance and exit from a public place. A private residence shall not be considered a “public place.”
Smoke or Smoking. Smoke or smoking shall mean the lighting of any cigarette, cigar, or pipe; or the
possession of any lighted cigarette, cigar, or pipe, regardless of its composition.
§39.4 Smoking Prohibited; Exceptions
It shall be unlawful for any person to smoke in a place of employment or a public place, except as
designated by a proprietor pursuant to this Section.
§39.5 Proprietor to Prohibit Smoking; Exceptions
(a) It shall be unlawful for any proprietor of any place of employment or public place to allow smoking
except as follows:
(1) Guestrooms or suites, provided the following requirements are met:
(i) The number of rooms or suites designated for smoking shall be no greater than 20% of the
total number of guestrooms or suites.
(ii) Each guestroom or suite where smoking is allowed shall have a permanent sign posted
containing the words “smoking allowed” on each entrance.
(2) As part of a study conducting research into the health effects of smoking in a scientific or
analytical laboratory either governed by state or federal law or at a college or university approved by
the Nebraska Coordinating Commission for Post Secondary Education. The proprietor shall post a
temporary sign on all entrances to the laboratory indicating that smoking is being allowed for the
purposes of research.
(b) Proprietors shall conspicuously post or display required signs so that the signs are readily viewable by
employees and the public.
(c) This section shall not be interpreted or construed to permit smoking where smoking is otherwise
restricted by other applicable laws.
§39.6 Enforcement
The Health Director and law enforcement agencies are hereby authorized to inspect a place of employment
or public place at any reasonable time to determine compliance with this Section.
§39.7 Violations and Penalties
(a) A person who smokes in a place of employment or a public place in violation of this section shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a minimum fine of:
(1) One hundred dollars ($100) and costs for the first offense;
(2) Two hundred dollars ($200) and costs for the second offense;
(3) Five hundred dollars ($500) and costs for the third and subsequent offenses.
(b) A proprietor of a place of employment or public place upon whom a duty is placed by the provisions of
this section, who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any of the
provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by
a minimum fine of:
(1) One hundred dollars ($100) and costs for the first offense;
(2) Two hundred dollars ($200) and costs for the second offense;
(3) Five hundred dollars ($500) and costs for the third and subsequent offenses.
(c) Each day that a violation continues to exist shall constitute a separate and distinct offense and shall be
punishable as such.
ORDINANCE NO. 9158 (Cont.)
- 3 -
(d) Every act or omission of whatever nature constituting a violation of any of the provisions of this section
by an officer, manager, supervisor, agent or employee of any proprietor, if said act or omission is made with the
authorization, knowledge, or approval of the proprietor, shall be deemed and held to be the act or omission of
such proprietor, and said proprietor shall be punishable in the same manner as if said act or omission had been
committed by such proprietor personally.
§39.8 Severability
Each section and subsection is hereby declared to be independent of every other section or subsection herein
and invalidity of any section or subsection herein shall not invalidate any other section or subsection there.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, on June 1, 2008.
Enacted: March 3, 2008.
____________________________________
Margaret Hornady, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item -2
#2008-80 - Consideration of Rescinding Resolution #2008-55
Relative to the Ballot Issue for a Smoking Ban
Monday, March 03, 2008
Special Meeting
City of Grand Island
Staff Contact: Jeff Pederson
City of Grand Island City Council
Council Agenda Memo
From: Jeff Pederson, City Administrator
Meeting: March 3, 2008
Subject: Consideration of Rescinding Resolution #2008-55
Relative to the Ballot Issue for a Smoking Ban
Item #’s: 2
Presenter(s): Jeff Pederson, City Administrator
Background
Should Ordinance #9158 be approved by the City Council, the referendum previously set
for the May 13th Primary Election would become moot as the ordinance would take effect
and become law on June 1, 2008.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve should Ordinance #9158 be adopted.
2. Take no action on the issue if Ordinance #9158 is not passed.
Recommendation
City Administration recommends that the Council pass Resolution #2008-80 if Ordinance
#9158 is passed and adopted.
Sample Motion
Move to approve Resolution #2008-80 rescinding Resolution #2008-55.
Approved as to Form ¤ ___________
February 29, 2008 ¤ City Attorney
R E S O L U T I O N 2008-80
WHEREAS, on February 12, 2008, by Resolution 2008-55, the City Council of the City of
Grand Island approved ballot language for a proposed city wide smoking ban; and
WHEREAS, on February 26, 2008, the Legislature for the State of Nebraska passed
legislation banning public smoking state wide, which shall become effective June 1, 2009; and
WHEREAS, it would be in the best interests of the City of Grand Island to rescind
Resolution 2008-55 pertaining to the city wide smoking ban proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2008-55, relative to ballot language for
a city wide smoking ban is hereby rescinded.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 3, 2008.
_______________________________________
Margaret Hornady, Mayor
Attest:
________________________________________
RaNae Edwards, City Clerk