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ORDINANCE NO. 3705
ENTITLED:
AN ORDINANCE REPEALING IN ITS ENTIRETY, CHAPTER 8.64,
SMOKING, AND CREATING A NEW CHAPTER 8.64, SMOKING IN PUBLIC
PLACES, OF TITLE 8, HEALTH AND SAFETY, OF THE CODE OF THE CITY
OF CHEYENNE, WYOMING.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHEYENNE,
WYOMING:
Section 1. That Chapter 8.64, Smoking, of Title 8, Health and Safety, of the Code of the City
of Cheyenne, Wyoming, is hereby repealed in its entirety.
Section 2. That Chapter 8.64, Smoking in Public Places, of Title 8, Health and Safety, of the
Code of the City of Cheyenne, Wyoming, is hereby re-created as follows:
Chapter 8.64
SMOKING IN PUBLIC PLACES
8.64.010
Purpose - Findings.
A. The Governing Body of the City of Cheyenne does hereby find that:
1. Numerous peer reviewed studies have found that tobacco smoke is a major
contributor to indoor air pollution and that breathing secondhand smoke is a cause of disease
in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer.
At special risk are children, elderly people, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including asthmatics and those with obstructive
airway disease.
2. Health hazards induced by breathing secondhand smoke include lung cancer,
heart disease, respiratory infection, and decreased respiratory function, including
bronchoconstriction and broncho-spasm.
3. A significant amount of secondhand smoke exposure occurs in the workplace.
Employees who work in smoke-filled businesses suffer a twenty-five (25) to fifty (50) percent
higher risk of heart attack and higher rates of death from cardiovascular disease and cancer,
as well as increased acute respiratory disease and measurable decrease in lung function.
B. Accordingly, the Governing Body finds and declares that the purposes of the
ordinance codified in this chapter are:
1. To protect the public health and welfare by prohibiting smoking in public
places and places of employment; and
2. To guarantee the right of nonsmokers to breathe smoke-free air, and to
recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.
8.64.020
Definitions.
As used in this chapter, the following terms shall have the following meanings, unless the
context clearly indicates that a different meaning is intended:
“Business” means any legal entity including, but not limited to, sole proprietorship,
partnership, joint venture, corporation or other business entity whether formed for profit-making or
non-profit purposes, including retail establishments where goods or services are sold, as well as
professional corporations and other entities where legal, medical, dental, engineering, architectural
or other professional services are delivered.
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“Employee” means any person who is employed by an employer in consideration for direct
or indirect monetary wages or profit, and a person who volunteers his or her services for a non-profit
entity.
“Employer” means a person, business, partnership, association, corporation, trust, non-profit
entity, or a municipal corporation that employs the services of one or more individual persons.
“Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by
solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.
“Fire department” means the City of Cheyenne Fire and Rescue Department.
“Health care facility” means an office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological, or psychological conditions
including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight
control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of
surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists with these
professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private
rooms, and wards with health care facilities.
“Outdoor patio” means an outdoor area, open to the air at all times, that is either:
1. Enclosed by a roof or other overhead covering and not more than two walls
or other side coverings; or
2. Has no roof or other overhead covering at all regardless of the number of walls
or other side coverings.
“Performance hall” means any area or facility that is primarily used for the exhibition of any
motion picture, stage, drama, lecture, musical recital or other similar performances including, but not
limited to, concert halls and theaters.
“Place of employment” means an area under the control of an employer which is intended for
occupancy by employees during the course of employment including, but not limited to, work areas,
employee, lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias,
waiting areas, offices, stairways, and hallways. A private residence is not a “place of employment”
unless it is used as a licensed child care, licensed adult day care, health care or pre-school facility,
or any other aforementioned business.
“Private club” means those organizations or entities defined as a “club” in Wyo.
Stat. § 12-1101(
a)(iii), which are not open to the public.
“Public place” means an enclosed area to which the public is invited or in which the public is
permitted including, but not limited to, banks, and other financial institutions, publicly funded
buildings, public conveyances, recreational facilities, taverns, lounges, bars, educational facilities,
health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail
food production and marketing establishments including grocery stores, supermarkets and stores
where food items are sold for on-premises or off-premises consumption, retail service establishments,
retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not
a “public place” unless it is used as a licensed child care, licensed adult day care, health care
or preschool
facility.
“Public transportation” means, but is not limited to, any enclosed mode of public
transportation, including a train, passenger bus, school bus or other vehicle used to transport pupils,
and taxi; or a vehicle that is owned by, or operated by a business and is open to the public, including
tour vehicles, passenger buses or vans regularly used to transport customers. Notwithstanding the
foregoing, a private vehicle not open to the public or not used for the transportation of the public
during the times of use, including a private passenger vehicle, a private charter or rental of a
limousine, bus or van, shall not be considered public transportation.
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“Restaurant” means an eating establishment including, but not limited to, coffee shops,
cafeterias, and public and private school cafeterias, which gives or offers for sale food to the public,
guests, or employees, as well as kitchens and catering facilities in which food is prepared on the
premises and served elsewhere. The term “restaurant” shall include any tavern, lounge or bar area
within the restaurant.
“Retail sales” mean establishments engaged in the sale of goods or merchandise to the general
public for personal or household consumption and rendering services incidental to the sale of such
goods. A retail sales establishment is usually a place of business and is engaged in activity to attract
the general public to make purchases.
“Shopping mall” means an enclosed public walkway or hall area that serves to connect retail
sale or professional service establishments.
“Smoke” or “smoking” means the inhaling, exhaling, burning or carrying of any
lighted
tobacco product, weed, plant or other combustible product in a smoking instrument or the placement
of smoking instruments containing a lighted tobacco product, weed, plant or other combustible
product in an ashtray or other receptacle and allowing smoke to diffuse into the air. This definition
does not include incense.
“Smoking instrument” means any cigar, cigarette, pipe, hookah or water pipe, or any other
smoking device.
“Sports arena” means sports pavilions, stadiums, gymnasiums, health spas, swimming pools,
roller and ice rinks, bowling alleys, and other similar places where members of the general public
assemble to engage in physical exercise, participate in athletic competition, or witness sports or other
events.
“Tavern, lounge or bar” means any establishment open to the public whose primary source
of revenue is from the sale of alcoholic liquor and malt beverages for consumption by guests on the
premises and in which the serving of food is only incidental to the consumption of such beverages
including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
“City Owned Youth Athletic Facilities” includes, but is not limited to, facilities where youth
soccer, baseball, skateboarding and any other youth activities occur, whether the facility is enclosed
or not.
“Youth” means any person who has not attained 18 years of age.
8.64.030 Application of chapter to city owned facilities.
All enclosed areas, including buildings and vehicles owned, leased or operated by the City of
Cheyenne, shall be subject to the provisions of this chapter.
8.64.040 Prohibition of smoking in public places.
A. Smoking shall be prohibited in all enclosed areas of public places within the city
including, but not limited to, the following:
1. Galleries, libraries and museums;
2. Areas available to and customarily used by the general public in businesses and
for-profit or non-profit entities patronized by the public including, but not limited to,
professional offices, banks, laundromats, hotels and motels;
3. Bingo and/or pull tab gaming premises;
4. Convention facilities;
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5. Elevators;
6. Taverns, lounges or bars;
7. Health care facilities;
8. Licensed child care, adult day care and pre-school facilities;
9. Lobbies, hallways and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit
residential facilities;
10. Performance halls;
11. Election polling places;
12. Private clubs;
13. Restaurants;
14. Restrooms, lobbies, reception areas, hallways, and other common-use areas;
15. Retail stores;
16. Rooms, chambers, places of meeting or public assembly, including school
buildings, under the control of an agency, board, commission, committee or governing body
of the City of Cheyenne, to the extent the place is subject to the jurisdiction of the City of
Cheyenne;
17. Shopping malls;
18. Sports arenas and convention halls, including bowling facilities;
19. Public transportation;
20. City Owned Youth Athletic Facilities.
8.64.050 Prohibition of smoking in places of employment.
A. Smoking shall be prohibited in all enclosed areas within places of employment
including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting
rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, public
transportation vehicles and all other enclosed facilities.
B. Employers affected by this chapter shall communicate the provisions of this chapter
to all existing employees by the effective date of the ordinance and to all prospective employees on
their application for employment.
8.64.060 Distance to be observed from all entryways where smoking is prohibited.
In order to prevent secondhand smoke from entering a public place or place of employment
where smoking is prohibited, every person who is smoking shall smoke a distance of at least ten (10)
feet from all public entranceways, passageways, operable windows or ventilation systems of any
enclosed area where smoking is prohibited. Any person who fails to comply with this provision after
an oral request to cease smoking by the owner, operator, manager or other person having control of
the smoke-free establishment or enclosed area shall be in violation of the provisions of this chapter.
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8.64.070 Declaration of establishment as nonsmoking.
Notwithstanding any other provision of this chapter, an owner, operator, manager, or other
person in control of an establishment, facility or outdoor area may declare that entire establishment,
facility or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a
sign conforming to the requirements of Section 8.64.120 of this chapter is posted.
8.64.080 Where smoking is not regulated.
A. Notwithstanding any other provision of this chapter to the contrary, the following
areas shall be exempt from the provisions of Sections 8.64.040 and 8.64.050 of this chapter:
1. Private residences, except when used as a licensed child care, licensed adult
day care, pre-school or health care facilities;
2. Hotel and motel rooms that are rented to guests and are designated as smoking
rooms;
3. Outdoor places of employment, except those expressly exempt from the
provisions of Section 8.64.060 of this chapter;
4. Private offices, provided that the private office is not open to public, the public
is not invited, and the office is not intended for occupancy by employees during the course
of their employment;
5. Outside Patios. The opening of any sliding or folding windows or doors or
other windows or doors from any part of the border to an outdoor patio shall be closed to
prevent the migration of smoke into the enclosed area. If sliding or folding windows or doors
or other windows or doors do not prevent the migration of smoke into the enclosed building
area, the outdoor patio shall be considered an extension of the enclosed area and subject to
the prohibitions of this chapter;
6. Private or business vehicles, except those used for public transportation.
7. Retail tobacco shops, which means any enclosed indoor workplace dedicated
to or predominantly for the retail sale of tobacco products, and accessories for such products, in
which the sale of other products or services is incidental. To enter or be employed in a retail tobacco
shop persons must be at least the age of majority.
8.64.090 Public education.
The city will disseminate public information to explain and clarify the purposes and
requirements of this chapter. Information may include the availability of a brochure for affected
businesses and individuals.
8.64.100 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted or prohibited.
8.64.110 Citizen complaints; procedures.
A Violations of this chapter may be reported to the Cheyenne Police Department at the
time of violation by telephoning non-emergency dispatch. In addition:
1. The Cheyenne Police Department shall respond to complaints made for
violations occurring at the time of the complaint. The Cheyenne Police Department may issue
citations or warning tickets at the discretion of the responding officer.
2. Violators will be provided a copy of any warning ticket or citation issued.
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8.64.120 Posting of signs.
A. “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) shall
be clearly and conspicuously posted in every public place and place of employment where smoking
is prohibited by this chapter.
B. The owner, operator, manager or other person having control of an area where
smoking is prohibited shall remove all ashtrays or other smoking instruments if their intended use is
for smoking in such enclosed area.
8.64.130 Non-retaliation.
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an
employee, applicant for employment or customer because that employee, applicant, or customer
exercises any rights afforded by this chapter or reports or attempts to prosecute a violation of this
chapter.
8.64.140 Violations and penalties.
A. A person who violates the provisions of this chapter is guilty of a misdemeanor,
punishable pursuant to the general provisions of 1.24.010 of the city code.
B. A person who owns, manages, operates or otherwise controls a public place or place
of employment and who knowingly fails to comply with the provisions of this chapter after receiving
oral or written notice from the City shall be guilty of a misdemeanor as set forth in A above.
1. In addition to the penalties established by subsections A and B of this Section,
violation of this chapter by a person who owns, manages, operates, or otherwise controls a
public place or place of employment may result in the suspension or revocation of any City
permit or license issued to the person for the premises on which the violation occurred,
pursuant to the ordinance under which the license is issued. Further, violation of this chapter
constitutes a public nuisance
C. Each separate violation of this chapter shall be considered a separate and distinct
violation.
8.64.150 Enforcement.
A. Any Cheyenne Police Department law enforcement officer shall be authorized to
enforce the provisions of this chapter.
B. Notice of the provisions of this chapter shallbe given to all applicants for city business,
food or alcohol-related licenses and permits and distributed through other means, as determined by
the city.
C. Any citizen who desires to register a complaint under this chapter may initiate
enforcement action under the procedures set forth in 8.64.010.
D. Failure of the owner, manager, operator or employee of an establishment to orally
inform a person who smokes in an area where smoking is prohibited by the provisions of this chapter
shall not constitute a defense.
8.64.160 Liberal construction.
This chapter shall be liberally constructed so as to further its purposes.
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Section 3. This ordinance shall be in full force and effect upon approval and publication, but
not sooner than August 15, 2006.
FIRST READING:
SECOND READING:
THIRD AND FINAL READING:
May 8, 2006
May 22, 2006
June 12, 2006
(SEAL)
Attest:
Jack R. Spiker, Mayor
Carol A. Intlekofer, City Clerk
Publish:
Wyoming Tribune Eagle
June 16, 2006
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