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Ordinance 1993-55 9$ , ~~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 8.00 OF CHAPTER OF THE WYLIE CITY CODE, BY FURTHER RESTRICTING THE AREAS IN THE WYLIE MUNICIPAL COMPLEX WHERE SMOKING IS ALLOWED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 8.00 of Chapter 7 of the Wylie City Code prohibits smoking in the Wylie Municipal Complex except for the areas of the courtyard, the lunch room, and the police dispatch area; and, WHEREAS, the City is engaged in an ongoing wellness program promoting the good health of its employees; and, WHEREAS, the City Council has determined that it would promote wellness of the City employees, thereby making them more productive to the City, if smoking were further restricted in the Municipal Complex, as a substantial number of City employees spend their work day in the Complex; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 8.00 of Chapter 7 of the Wylie City Code be, and it hereby is, amended by deletion of the existing section 8.00 and substitution of the following therefore: 1 ..~ 8.00 SMOKING IN MUNICIPAL COMPLEX-PROHIBITED Smoking in the Municipal complex is prohibited except as follows: (a) Police dispatch personnel, while on duty, shall be allowed to smoke in the dispatch area of the police depanment, up to and including November 30, 1994. (b) On and after December 1, 1994 the above exception shall expire and no exceptions shall be allowed. The prohibitions of this section shall include, without limitation, the counyard area of the municipal complex, as well as the areas within 30 feet of the South, East, and West exterior walls of the municipal complex building. n SECTION II Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section 1-1.06 thereof, as the same now exists or is hereafter amended. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. 2 SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. nUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of December, 1993. ATIEST: '1i~ '/(ddaJ Mary Nicho City Secretary 3