ORDINANCE NO. 080073
submission to the voters of Kansas City, at a special election to be held
Tuesday, April 8, 2008, a question amending Chapter 34, Code of Ordinances, by repealing
Article XII, Smoking in public places, consisting of Sections 34-471 through
34-481 and enacting in lieu thereof a new Article XII entitled
"Prohibitions on smoking in enclosed places of employment and public places
and public sidewalks abutting acute care hospital property lines,"
consisting of Sections 34-471 through 34-481, prohibiting smoking in enclosed
places of employment, enclosed public places and public sidewalks abutting
acute care hospital property lines, while allowing it in casino gaming areas
until surrounding casinos are covered by laws banning smoking; establishing
penalties for noncompliance; authorizing and directing the City Clerk to notify
the responsible election authorities of this election; and recognizing an
City Clerk certified and sent to the City Council Ordinance No. 080036,
initiated by petitioners, prohibiting smoking in enclosed places of employment
and public places and public sidewalks abutting acute care hospital property
Committee Substitute for Ordinance No. 080036, as amended, made changes to the
ordinance submitted by the committee of petitioners and was passed on January 10, 2008 ; and
WHEREAS, on January 14, 2008, the petition of commissioners exercised its rights pursuant to City
Charter Section 702 and certified that it is requiring the City Council to
submit to the electors its proposed ordinance as originally submitted; and
ordinance reflects the original language submitted by the petitioners and
submits it to a vote before the people at the next election pursuant to City
Charter Section 703; NOW THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Special election called. That a special election is called and shall be
held on Tuesday, April 8, 2008, for the purpose of submitting to the voters the
question of amending Chapter 34, Code of Ordinances to prohibit smoking in
enclosed places of employment, enclosed public places and public sidewalks
abutting acute care hospital property lines.
Delivery of Ordinance by City Clerk to Election Authorities. That the
City Clerk shall deliver certified copies of this ordinance and notice of
election to the Board of Election Commissioners of Kansas City, Missouri, Board
of Election Commissioners of Clay County, Board of Election Commissioners of
Platte County, and the County Clerk of Cass County, which shall be the
authority of the respective election authorities of the City to submit these
amendments to the electors of Kansas City as herein provided and to give public
notice thereof as provided by law within one business day of the effective date
of this ordinance.
Election Notice. That the notice of election shall read as follows:
NOTICE OF ELECTION
CITY OF KANSAS CITY, MISSOURI
Notice is hereby
given that the City of Kansas City has called an election to be held in said
City on Tuesday, April 8, 2008, at which election all qualified voters residing
within the City of Kansas City, Missouri will be given the opportunity to vote.
The official ballot
will be in substantially the following form:
CITY OF KANSAS CITY
Shall the City of
Kansas City prohibit smoking in enclosed places of employment, enclosed public
places and on public sidewalks abutting acute care hospitals, while allowing it
in casino gaming areas until all casinos located in the Missouri counties of
Jackson, Platte and Clay, and the Kansas counties of Johnson and Wyandotte are
obligated by ordinance, statute or law to prohibit smoking within the casino
areas where gambling games are allowed, as set forth in Ordinance No. 08___, for
the purpose of promoting public health by decreasing citizen's exposure to
secondhand smoke and creating smoke free environments for workers and citizens
through regulation in the work place and all public places?
YES _____ NO
voters will be supplied by the election authorities]
A full and complete copy of the
ordinance submitting the above proposition to the electorate is on file in the
office of the City Clerk of Kansas City, Missouri where it is open for
inspection and copying.
The polling places for the
election will be [insert list of polling places in last publication only].
I hereby certify that the
foregoing is the legal notice to be published pursuant to Section 115.127,
Given under my hand and the
official seal of the City of Kansas City, Missouri, this _________ day of
City Clerk, City of Kansas City, Missouri
Before me, a notary public,
personally appeared Millie Crossland, to me known to be the City Clerk of the
City of Kansas City, Missouri, and the person who acknowledged to me that she
executed the same for the purposes therein stated.
Amendments to become part of the Code of Ordinances of Kansas City. If a majority of the voters favors
the ballot question, the amendment to Article XII Code of Ordinances of the
City of Kansas City, Missouri repealing Article XII, Smoking in public
places, consisting of Sections 34-471 through 34-481 and enacting in lieu
thereof a new Article XII entitled "Prohibitions on smoking in enclosed
places of employment and public places and public sidewalks abutting acute care
hospital property lines", shall become effective sixty (60) days
after passage of a simple majority of voters and if the number of votes exceeds
the number of votes cast in favor of the ballot question approving Committee
Substitute for Ordinance No. 080036, As Amended, which new Article XII shall
read as follows:
XII. SMOKING PROHIBITED IN ENCLOSED PLACES OF
EMPLOYMENT AND PUBLIC PLACES AND PUBLIC SIDEWALKS ABUTTING ACUTE CARE HOSPITALS
It is the purpose of this Article that the City promotes public health by
decreasing citizens exposure to secondhand smoke and creates smoke free
environments for workers and citizens through regulation in the work place and
all public places.
The following words, terms and phrases, when used in this Article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Bar means an establishment that is devoted to the
serving of alcoholic beverages for consumption by guests on the premises and in
which the serving of food is only incidental to the consumption of those
beverages, including but not limited to, taverns, nightclubs, cocktail lounges,
hospital means hospitals licensed as such under Chapter 197 of the Revised
Statutes of Missouri (RSMo).
Casino gaming area means an excursion
gambling boat as defined pursuant to 313.800.1(8) RSMo and shall include the
paths of ingress and egress immediately adjacent to and contiguous with the
excursion gambling boat.
Attorney means the City Attorney for the City of Kansas City, Missouri or
his or her designee.
Director of Health means the Director of Health of the City of
Kansas City, Missouri or his or her designee.
means any person who performs services for an employer, with or without
means a person, partnership, association, corporation, trust, or other
organized group of individuals, including the City or any agency thereof, which
utilizes the services of one (1) or more employees.
Enclosed means a space bound by walls (with or without windows)
continuous from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms, all space therein screened by partitions, which
do not extend to the ceiling or are not solid, "office landscaping"
or similar structures and hallways.
Permanently Designated means a hotel or motel room may be
designated as a smoking room only one time a year.
of Employment means any enclosed area under the control of a public or
private employer which employees normally frequent during the course of
employment, including, but not limited to, work areas, employee lounges and
restrooms, conference rooms and classrooms, employee cafeterias and hallways. A
private residence is not a "place of employment" unless it is used as
a childcare, adult day care or health care facility.
Place means any enclosed area to which the public is invited or in which
the public is permitted, including but not limited to, banks, educational
facilities, health facilities, laundering facilities, public transportation
facilities, reception areas, production and marketing establishments, retail
service establishments, retail stores, theaters, and waiting rooms. A private
residence is not a "public place."
means an eating establishment, including but not limited to, coffee shops,
cafeterias, sandwich stands, and private and public school cafeterias, which
gives or offers at no cost or for sale food to the public, guests, or
employees, as well as kitchens and catering facilities in which food is
prepared on the premises for serving elsewhere. The term "restaurant"
shall include an attached bar.
Service Line means any indoor line at which one (1) or more persons
are waiting for or receiving service of any kind, whether or not such service
involves the exchange of money.
Smoking means inhaling, exhaling,
burning or carrying any lighted cigar, cigarette, pipe or other tobacco
Sports Arena means sports pavilions,
gymnasiums, health spas, boxing arenas, swimming pools, roller and ice skating
rinks, bowling alleys and other similar places where members of the general
public assemble either to engage in physical exercise, participate in athletic
competition, or witness sports events.
Sec. 34-473. Prohibition of smoking in enclosed places of employment
and all enclosed public places; Prohibition of smoking on sidewalks abutting
The possession of lighted smoking materials in any form,
including but not limited to, the possession of lighted cigarettes, cigars,
pipes or other tobacco products, shall be prohibited in all enclosed places of
employment within the City.
(b) The possession of lighted smoking materials in
any form, including but not limited to, the possession of lighted cigarettes,
cigars, pipes or other tobacco products, shall be prohibited in all enclosed
public places within the City, including but not limited to the following
(1) Any vehicle of public transportation, including but not
limited to buses, limousines for hire and taxicabs;
educational facilities, childcare and adult day care facilities, museums,
auditoriums, aquariums and art galleries;
health care facility, health clinic or ambulatory care facilities, including
but not limited to laboratories associated with the rendition of health care
treatment, hospitals, nursing homes, doctors' offices and dentists' offices;
indoor place of entertainment or recreation, including but not limited to
gymnasiums, theaters, concert halls, bingo halls, billiard halls, betting
establishments, bowling alleys, arenas and swimming pools;
primarily used for exhibiting a motion picture, stage, drama, lecture, musical
recital, or other similar performance;
arenas, including enclosed places in outdoor arenas;
public areas and waiting rooms of public transportation facilities, including
but not limited to bus and airport facilities;
other area used by the public or serving as a place of work, including open
room, chamber, place of meeting or public assembly, including school buildings
under the control of any board, council, commission, committee, including, but
not limited to joint committees, or agencies of the City or any political
subdivision of the state during such time as a public meeting is in progress,
to the extent such place is subject to the jurisdiction of the City;
enclosed facilities owned by the City; and
in which meetings or hearings open to the public are held, except where such
rooms are in a private residence.
(c) Possession of lighted smoking materials in any form, including
but not limited to the possession of lighted cigarettes, cigars, pipes or other
tobacco products, is prohibited on public sidewalks abutting acute care
hospital property lines.
one shall possess lighted smoking materials in any form, including but not
limited to lighted cigarettes, cigars, pipes or other tobacco products in a
manner that impedes entrance to or exit from a building where smoking is
prohibited pursuant to this Section.
It shall be unlawful for any person to violate the provisions of this
Sec. 34-474. Responsibilities
of proprietors, owners and managers.
person having control of a place listed in Section 34-473 shall not knowingly permit,
cause, suffer or allow any person to violate the provisions of Section 34-473 in
that place. It shall be an affirmative defense to an alleged violation
of this subsection that the person having control of a place has asked that the
lighted cigarette, cigar, pipe or other tobacco product be extinguished and
asked the person to leave the establishment if that person has failed or
refused to extinguish the lighted cigarette, cigar, pipe or other tobacco
A person having control of a place shall clearly and
conspicuously post "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) near all entrances
where smoking is prohibited by this Article. Such signage shall consist of
letters not less than one inch in height.
It shall be the responsibility of employers to provide smoke-free
workplaces for all employees.
Each employer having any enclosed place of employment located
within the City shall adopt, implement, make known and maintain a written
smoking policy which shall contain the following requirements:
Smoking shall be
prohibited in all enclosed facilities within a place of employment without
exception. This includes common work areas, auditoriums, classrooms, conference
and meeting rooms, private offices, elevators, hallways, medical facilities,
cafeterias, employee lounges, stairs, restrooms, vehicles, and all other
The smoking policy shall be communicated to all employees within
four (4) weeks of the adoption of this Ordinance.
All employers shall supply a written copy of the smoking policy
upon request to any existing or prospective employee.
Where smoking is not regulated.
any other provision of this Ordinance to the contrary, the following shall not
be subject to the smoking restrictions of this Ordinance:
Private residences, not serving as enclosed places of employment
or enclosed public places;
Twenty-five percent (25%) of hotel and motel rooms may be
permanently designated as smoking rooms or a higher percentage adjusted by the
hotel or motel when on a given date it has a seventy-five percent (75%) or
greater occupancy rate due to the booking of guests for conventions or meetings
and needed to meet the demands of the convention or meeting, provided the hotel
or motel cleans those added rooms in a manner sufficient to remove the odor and
particulate residue of smoking from those rooms before they are again occupied
as non-smoking rooms.
location where this ordinance is not yet in effect pursuant to Section 34-480.
34-476. Penalty for violation of this Article.
person who smokes in an area where smoking is prohibited by the provisions of
this Article shall be guilty of an ordinance violation, punishable by a fine
not exceeding fifty dollars ($50.00).
(b) A person having control of a public place or place of
employment and who fails to comply with the provisions of this Article shall be
guilty of an ordinance violation, punishable by:
A fine not exceeding one hundred dollars ($100) for a first
A fine not exceeding two hundred dollars ($200) for a second
violation within a one (1) year period.
A fine not exceeding five hundred dollars ($500) for a third or
subsequent violations within a one (1) year period.
Each day on which a violation of this Article occurs shall be a
separate and distinct violation
Director of Health shall engage in a continuing program to inform and to
educate the public regarding the health consequences of smoking, including the
adverse health consequences of peoples' exposure to secondhand smoke, shall
clarify the purpose of this Article to citizens affected by it, and shall guide
owners, operators and managers in their compliance.
Other applicable laws.
Article shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable laws.
Article shall be liberally construed so as to further its purposes. The provisions of this ordinance are severable. If any
provision or its application to any person or circumstance is held invalid by a
court of competent jurisdiction, the remaining provisions shall continue in
full force and effect.
Except as provided below, this Article will become effective 60
days after passage of a simple majority of voters and if the number of votes
exceeds the number of votes cast in favor of the ballot question approving
Committee Substitute for Ordinance No. 080036, As Amended.
(b) Casino gaming areas
shall be exempt from this Article until all casinos located in the Missouri counties of Jackson, Platte and Clay, and the Kansas counties of Johnson and Wyandotte (the Relevant Counties) are obligated by ordinance, statute or law to prohibit
smoking within the casino areas where gambling games are allowed.
(1) Determination of effective date. To determine when
casino gaming areas are no longer exempt from this Article as described above:
i. The City Clerk with the advice of the Director of Health
will maintain a library of smoking ordinances from all cities located in the
ii. When smoking within casino gaming areas has been banned in
those jurisdictions in which casinos are located in the Relevant Counties, the
City Clerk shall provide for public notice through the City's internet site,
news releases and a communication to the City Council.
iii. Such notice shall state that this Article will apply to
casino gaming areas after sixty (60) days from the date of the notice.
Enforcement of Article.
The authority to administer the provisions of this article is
vested in the Director of Health and his or her duly authorized
Whenever the need arises, the Director of Health may call upon
the fire and police departments and other departments of the City to aid in the
enforcement of the provisions of this Article.
Notice of the provisions of this Article shall be given to all
applicants for a business license in the City of Kansas City Missouri.
Any citizen who desires to register a complaint under this
Article may initiate enforcement with the health department.
EMERGENCY RECOGNIZED. This ordinance, providing for the submission of Code amendments
to the people of Kansas City, Missouri, is hereby recognized to be an emergency
measure within the meaning of Section 503 of the Charter, and as such shall
become effective immediately upon its passage.
Approved as to form and legality:
Assistant City Attorney