Ordinance 2009-15 ORDINANCE NO. 2009-15
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS),
ARTICLE 1~GENERAL), SECTION 74-2 (SMOKING AND TOBACCO
USE IN MUNICIPAL BUILDINGS, FACILITIES AND VEHICLES) OF
WYLIE'S CODE OF ORDINANCES; PROHIBITING SMOKING IN CITY
PARKS; AMENDING ENFORCEMENT PROCEDURES; AND MAKING
OTHER NONSUBSTANTIVE CHANGES; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that Section 74-2 (Smoking and Tobacco Use in Municipal
Buildings, Facilities and Vehicles) of Article I(General) of Chapter 74 (Offenses and
Miscellaneous Provisions) of the City of Wylie, Texas' ("Wylie") Code of Ordinances, should be
amended to rename the heading of Section 74-2, prohibit smoking in city parks, change
enforcement procedures, and make other nonsubstantive changes for clarification purposes; and
WHEREAS, Wylie has complied with all notices and public hearings as required by law;
and
WHEREAS, the City Council finds that it will be advantageous and beneficial to Wylie
and its inhabitants to amend Wylie's Code of Ordinances as set forth below:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION l: Findin s~ Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Rename Heading of Section 74-2. The heading to Section 74-2 (Smoking
and Tobacco Use in Municipal Buildings, Facilities and Vehicles is renamed to read as follows:
"Sec.74-2. Smoking and tobacco use in municipal buildings, facilities,
vehicles, and parks."
SECTION 3: Amendment to Section 74-2 (Smokin~ and Tobacco Use in Municipal
Buildings Facilities and Vehicles) of Article I(General) of Chapter 74 (Offenses and
Miscellaneous Provisions) of W~ie's Code of Ordinances. Section 74-2 (Smoking and Tobacco
Use in Municipal Buildings, Facilities and Vehicles) of Article I(General) of Chapter 74
Ordinance No. 2009-IS
Amending Section 74-2 of Article I of Chapter 74
Smoking in Municipal Buildings, Facilities and Vehicles Page 1
544632.v 1
(Offenses and Miscellaneous Provisions) of Wylie's Code of Ordinances, is hereby amended to
read as follows:
"Sec. 74-2. Smoking and tobacco use in municipal buildings, facilities, vehicles,
and parks.
(a) Definitions.
City facility shall mean any building or facility owned, operated, or leased
by the city.
Ciry park means any property that the City has designated as park land,
including but not limited to, public recreation fields, pools, playgrounds,
concession stands, restrooms, trails and any seating or observation areas
abutting and immediately adjacent thereto.
Ciry vehicle means any vehicle owned, leased or operated by the city.
Smoke or smoking means the act of burning any tobacco product, weed,
filter or plant of any kind, or any cigarette, cigar, pipe, hookah, water pipe,
or any other device.
~ Tobacco product means cigarette, cigar smoking, including any
granulated, plug-type, crimp cut, ready rug ar any form of tobacco suitable
for smoking in a pipe or cigarette, or chewing tobacco, including
Cavendish twist, plug, scrap or any kind of tobacco or tobacco derivative
suitable for chewing, snuff or preparation of pulverized tobacco and any
other article or product that is made of tobacco or having or containing a
tobacco product.
(b) Use in city facilities. Smoking andlor the use of any tobacco product in
any city facility is prohibited except as provided below. The city manager
or his designee will determine the location, if any, where persons may use
tobacco products or smoke. The location, if allowed, may be indoors
and/or outdoors as determined by the city manager or his designee.
(c) Use in city vehicles. No person shall at any time smoke or use any tobacco
product in or while using any city vehicle.
(d) Use in ciry parks. Except as otherwise provided, smoking and/or the use
of any tobacco product is prohibited in any city park. Smoking and/or use
of tobacco products is allowed in the parking lots of city parks, except
within twenty-five (25) feet of any public recreation field, pool,
~ playground, concession stand, restroom, trail, seating, or observation areas
located within the city park.
Ordinance No. 2009-15
Amending Section 74-2 of Article I of Chapter 74
Smoking in Municipal Buildings, Facilities and Vehicles Page 2
544632.v 1
(e) Posting of signs. Any smoking or tobacco use sign or no-use tobacco
signs with letters of not less than one inch in height shall be conspicuously
posted in every room, building, or other place where smoking or the use of
tobacco is controlled by this section, by the owner or by the city or person
having control of such premises. Such signs may have additional or
different wording to explain the applicable rule in a particular area, room
or location. Failure to post a sign pursuant to this Section shall not prevent
the City from enforcing this Section.
( fl Enforcement procedures, infractions and penalties.
(1) The city manager, or his designee, shall enforce this Section. Such
person shall have authority to issue persuasive letters or citations to
any person violating Section."
(2) Any person who violates any provision of this Section shall be
guilty of a Class C misdemeanor, punishable by a fine not to
exceed five hundred dollars ($500.00).
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or any provision of Wylie's Code of Ordinances, as it exists or may be
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall k~e fined a
sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 5: Savin sg /Repealing Clause. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall
not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal
prevent a prosecution from being commenced for any violation if occumng prior to the repeal of
the ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 6: Severabilitv. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective from and after its
adoption and publication as required by the City Charter and by law.
Ordinance No. ?009-15
Amending Section 74-2 of Article I of Chapter 74
Smoking in Municipal Buildings, Facilities and Vehicles Page 3
544632. v 1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this 12`h day of May, 2009.
~
Eric Hogue, Mayo
ATTESTED TO AND OF ~~1
CORRECTLY RECORDED BY: C+ ~~u',"
; '
Carole Ehrlic , City Secretary ~
. ~~T~
APPROVED AS TO FORM:
. ~
i'
Abernathy Roeder oyd & Joplin P.C.
Claire E. Swann, City Attorneys
Date of Publication in The Wvlie News - Mav 20, 2009
~
Ordinance No. 2009-15
Amending Section 74-2 of Article I of Chapter 74
Smoking in Municipal Buildings, Facilities and Vehicles Page 4
544632.v 1
C&S Media, Inc.
Vie Ifarmergbitle Jimeg Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS
c
STATE OF TEXAS 3
COUNTY OF COLLIN 1 13
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie Ordinance 2009 -15
was published in said newspaper on the following dates, to -wit:
May 20, 2009
c
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 42( i' %A- day of 2009
to certify which witness my hand and seal of office.
Notary Public i d for
The State of Texas J
My commission expires q j
4.0-
Sonia A Duggan
74,. 09/02/2012 ssion Expires OF
Murphy /Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX 75098 972 -442 -5515 fax 972 -442 -4318
Farmersville /Princeton Office 101 S. Main P.O. Box 512 Farmersville, TX 75442.972- 784 -6397 fax 972 782 -7023
May 20 21, 2009 3B
ORDINANCE(
NO. 2009 -15
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
AMENDING CHAP
TER 74 (OFFENSES
AND MISCELLA-
NEOUS PROVI-
SIONS) ARTICLE 1
(GENERAL), SEC
TION 74-2 (SMOK-
ING AND TOBAC-
CO USE IN MUNIC-
IPAL BUILDINGS,
FACILITIES AND
VEHICLES) OF
WYLIE'S CODE OF
ORDINANCES;
PROHIBITING
SMOKING IN CITY
PARKS; AMEND-
ING ENFORCE-
MENT PROCE-
DURES; AND
MAKING OTHER
NONSUBSTAN-
TIVE CHANGES;
PROVIDING FOR A
PENALTY FOR THE
VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
REPEALING, SAV-
INGS AND SEVER
ABILITY CLAUS-
ES; PROVIDING
FOR AN EFFEC-
TIVE DATE OF
THIS ORDINANCE;
AND PROVIDING
FOR THE PUBLI-
CATION OF THE
CAPTION HEREOF.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich,
City Secretary
1 -339-