Ordinance 2025-27 ORDINANCE NO. 2025-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2021-17,AS
AMENDED,CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS),
ARTICLE I (IN GENERAL), SECTION 74-3 (SMOKING PROHIBITED IN
CERTAIN PUBLIC AREAS) AND SECTION 74-8(B) (VIOLATIONS AND
PENALTIES), AND ARTICLE XI (SMOKING REGULATIONS);
ESTABLISHING NEW REGULATIONS GOVERNING THE PROHIBITION OF
SMOKING IN CERTAIN AREAS; COMPLIANCE; DEFINING TERMS;
PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") previously adopted
Ordinance No. 2014-18, codified as Chapter 74 (Offenses and Miscellaneous Provisions), Article I (In
General), Section 74-3 (Smoking Prohibited In Certain Public Areas) and Section 74-8(b) (Violations and
Penalties), and Ordinance No. 2016-28, codified as Chapter 74 (Offenses and Miscellaneous Provisions),
Article XI (Smoking Regulations) of the City of Wylie, Texas' ("Wylie") Code of Ordinances, Ordinance
No. 2021-17, as amended; and
WHEREAS, the City Council has investigated and determined that it would be advantageous and
beneficial to the citizens of Wylie to amend Ordinance No. 2014-18 and repeal Ordinance No. 2016-28 in
its entirety and replace Chapter 74(Offenses and Miscellaneous Provisions), Article I(In General), Section
74-3 (Smoking Prohibited In Certain Public Areas) and Section 74-8(b) (Violations and Penalties), and
Article XI(Smoking Regulations) of the Wylie Code of Ordinances, Ordinance No. 2021-17, as amended,
with this Ordinance; and
WHEREAS, the City Council has further investigated and determined that it is the right of all
citizens to be able to choose for themselves whether to smoke either actively or passively; and
WHEREAS, the City Council has further investigated and determined that it will be advantageous
and beneficial to the City and its citizens to provide persons who access facilities and property open to the
public and City facilities and City parks a smoke-free environment; and
WHEREAS, the City Council has further investigated and determined that all legal notices
required for amending the Code of Ordinances have been given in the manner and form set forth by law,
and public hearings have been held on the proposed textual amendments and all other requirements of
notice and completion of such procedures have been fulfilled; and
WHEREAS,the City Council has further investigated and determined that in order to promote the
public health, safety and welfare of the City and its citizens, it is in the best interest of the City and its
citizens to amend the Code of Ordinances as set forth below.
WHEREAS, the City Council further finds that it is a reasonable exercise of its police power to
regulate smoking in public areas; and
WHEREAS, the City Council has found that it would be advantageous and beneficial to the
citizens of Wylie to adopt said amendments;
Ordinance No. 2025-27 Smoking Regulations Page 1 of 10
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to Chapter 74 (Offenses and Miscellaneous Provisions), Article I (In
General), Section 74-3 (Smoking Prohibited In Certain Public Areas) and Section 74-8(b)(Violations and
Penalties), and Article XI (Smoking Regulations) of the Wylie Code of Ordinances, Ordinance No. 2021-
17, as amended. Chapter 74 (Offenses and Miscellaneous Provisions), Article I (In General), Section 74-3
(Smoking Prohibited In Certain Public Areas) and Section 74-8(b) (Violations and Penalties), and Article
XI(Smoking Regulations)of the Wylie Code of Ordinances,Ordinance No. 2021-17,as amended is hereby
amended to read as follows:
"CODE OF ORDINANCES
CHAPTER 74—OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE I.- IN GENERAL
Sec. 74-3. - Reserved.
Sec. 74-8. -Violations and penalties.
(b) Any person who violates section 74-4 shall be guilty of an offense publishable by:
(1) A fine not exceeding $100.00 for the first violation;
(2) A fine not exceeding $200.00 for a second violation within a one-year period of the first
violation; or
(3) A fine not exceeding $500.00 for an additional violation within a one-year period of the first
violation.
ARTICLE XI. - SMOKING REGULATIONS
Sec. 74-181.- Purpose.
The purposes of this article are to protect the public's health by eliminating smoking in public places
and the right of nonsmokers to breathe smoke-free air by prohibiting smoking in public places in the city,
with certain exceptions,to reduce detrimental effects on not only smokers,but also others in close proximity
to smokers and to further the health, safety and welfare of the city and its citizens.
Sec. 74-182.- Definitions.
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:
Ordinance No. 2025-27 Smoking Regulations Page 2 of 10
Cigar. Unless otherwise amended by the Texas Tax Code, chapter 155, a roll of fermented tobacco that is
wrapped in tobacco and the main stream of smoke from which produces an alkaline reaction to litmus paper.
Cigarette. Unless otherwise amended by the Texas Tax Code, Chapter 154, a roll for smoking that is:
(1) Made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a
material other than tobacco, and
(2) Not a cigar.
City. The City of\Wylie, Texas.
Electronic cigarette and%or e-cigarette. Any electronic device composed of a mouthpiece, heating element,
battery, and electronic circuits that provides, or is manufactured or intended to provide, a vapor of liquid
nicotine and/or other substances mixed with propylene glycol and/'or other substances delivered or
deliverable to the user that they can inhale in simulation of smoking. This term shall include every version
and type of such devices whether they are manufactured or marketed as electronic cigarettes, e-cigarettes,
electronic cigars, e-cigars, electronic pipes, e-pipes or under any other product name or description.
Emplo.vee. Any person who is employed by any employer in consideration for direct or indirect monetary
wages or profit, and any person who volunteers his or her services for a nonprofit entity.
Elnplorer. Any person, partnership, entity, corporation, including a municipal corporation, or nonprofit
entity, which employs the services of one or more individual persons or entities.
Fraternul organization member space. An enclosed space used by a recreational, fraternal, social, patriotic,
political, benevolent, or athletic organization exclusively for organizational purposes at all times, and not
for pecuniary gain, and in which the sale of alcoholic beverages is merely incidental to the operation. The
affairs and management of the organization are conducted by a board of directors, executive committee, or
similar body chosen by the members at an annual meeting. The organization has established bylaws and/or
a constitution to ciovern its activities. The organization has been granted an exemption from the payment
of federal income tax under 26 U.S.C. section 501, as amended.
Food products estahlishment. Any restaurant, coffee shop, cafeteria, luncheonette, tavern, cocktail lounge,
sandwich stand, soda fountain, private and public school cafeteria or eating establishment or any other
eating establishment, organization, club, boardinghouse or guesthouse, which gives or offers for sale food
to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises
for serving elsewhere, including, but not limited to, catering facilities and ghost kitchens. Other food
product establishments include, but are not limited to, grocery stores and food markets, not including those
outdoors.
Liquid nicotine. Any liquid product composed either in whole or in part of pure nicotine and propylene
glycol and/or any other substance and manufactured for use with electronic cigarettes or e-cigarettes.
Open displut- unit. In the context of the retail sale of electronic cigarettes or e-cigarettes and/or liquid
nicotine,any device, furniture or furnishing within or upon which electronic cigarettes or e-cigarettes and/or
liquid nicotine are displayed to customers, and includes, but is not limited to, any case, rack, shelf, counter,
table, desk, kiosk, booth, stand, vending machine and other surface.
Person. An individual, a group of two or more individuals, proprietorship, corporation, partnership,
wholesaler, association or other legal entity, or any licensed or unlicensed business.
Ordinance No. 2025-27 Smoking Regulations Page 3 of 10
Place oj'business.
(1) A commercial business location where cigarettes, tobacco products, electronic cigarettes or e-
cigarettes and/or liquid nicotine is/are sold,
(2) A commercial business location where cigarettes, tobacco products, electronic cigarettes or e-
cigarettes and/or liquid nicotine are kept for sale of consumption or otherwise stored; or
(3) A vehicle from which cigarettes, tobacco products, electronic cigarettes or e-cigarettes andior
liquid nicotine is/are sold.
Place ofemplovment. Any enclosed area under the control of 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 and classrooms, employee cafeterias and hallways. A private residence
is not a"place of employment"unless it is used as a licensed child care,adult day care or health care facility.
Possess(es), possessing or possession. Actual care, custody, control or management.
Private clah. Any building, premises or portion thereof which is permitted by the state and allowed by
special use permit by the city as a private club for the storing, possession and dispensing for on-premises
consumption of alcoholic beverages. Private club does not include a premise operated by a fraternal
organization.
Retail electronic cigarette store. A retail store utilized solely for the sale and sampling of electronic
cigarettes or e-cigarettes and/or liquid nicotine and related accessories.
Retail or service establishment. Any establishment which sells goods or services to the general public.
Retail tobacco store. A retail store utilized primarily for the sale of tobacco products and accessories and
in which the sale of the other products is merely incidental.
Service line. An indoor line or area where persons await service of any kind, regardless of whether or not
such service involves the exchange of money. Such service shall include,but is not limited to, sales, giving
of information, directions or advice and transfers of money or goods.
Smoke or smoking. Includes the carrying, possessing or holding of a pipe, hookah, cigarette, tobacco
product,tobacco substitute,electronic cigarette or e-cigarette or liquid nicotine of any kind which is burning
or emitting a vapor.
Smokeless tobacco.
(1) Chewing tobacco, including Cavendish, Twist, plug scrap and any kind of tobacco suitable for
chewing,
(2) Snuff or other preparations of pulverized tobacco;
(3) An article or product that is made of tobacco or a tobacco substitute and that is not a cigarette
or cigar; or
(4) Weed or other plant product.
Ordinance No. 2025-27 Smoking Regulations Page 4 of 10
Smoking lounge. A room common to, or within, a retail or service establishment that provides patrons an
area for smoking. Other services not directly related to the activity of smoking may be provided by the
establishment in a smoking lounge.
Smoking room. A room within a retail tobacco store that provides patrons an area designated specifically
for smoking products purchased on the premises or elsewhere. Other services not directly related to the
activity of smoking shall not be offered in a smoking room.
Tobacco product.
(1) Cigar or ci(yarette;
(2) Smoking tobacco, including granulated, plug-cut, crimp-cut, ready-rubbed, and any form of
tobacco suitable for smoking in a pipe or as a cigarette;
(1) CheNving tobacco, including Cavendish, Twist, plug scrap and any kind of tobacco suitable for
chewing;
(4) Snuff or other preparations of pulverized tobacco, or
(5) An article or product that is made of tobacco or a tobacco substitute and that is not a cigar,
cigarette, or an e-cigarette.
Tobacco substitute. An herbal-based non-tobacco product used for smoking.
Ventilation stistem. A supply, return, ventilation and circulation system designed by a licensed professional
engineer to meet the requirements of section 54-24 of this article, and meeting all the other requirements of
the city's mechanical code, as amended.
Sec. 74-183. - Smoking Prohibited in Certain Areas
(a) A person commits an offense in violation of this article if he smokes or possesses a burning
tobacco, tobacco substitute, weed, other plant product, electronic cigarette or e-cigarette or liquid nicotine
in any of the following indoor and/or enclosed areas:
1. A public or private preschool, primary or secondary school,
2. City buildings, facilities, or parks,
I. Any retail or service establishment serving the general public, including service lines,
4. Within all enclosed areas available to and customarily used by the general public in all
businesses and nonprofit entities patronized by the public, or
5. All restrooms or elevators open for public use;
6. Within 15 linear feet of any entrance of any facility where smoking is prohibited.
(b) Prohibition of smoking in places of employment.
Ordinance No. 2025-27 Smoking Regulations Page 5 of 10
1. Where smoking is prohibited, it shall be the responsibility of employers to provide a smoke-
free workplace for all employees.
2. 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 except
where expressly permitted under city ordinance. 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
enclosed facilities."
3. The smoking policy shall be communicated to all employees within four (4) weeks of its
adoption.
4. All employers shall supply a written copy of the smoking policy upon request to any existing
or prospective employee.
(c) Prohibited on portions of outdoor patios. A person commits an offense in violation of this article
if he smokes or possesses a burning tobacco, tobacco substitute, weed, other plant product, electronic
cigarette or e-cigarette or liquid nicotine in an outdoor patio area of a retail or service establishment that is
defined fully or partially by a barrier or that provides seating for patrons where any portion of the outdoor
patio is located fewer than 10 linear feet from public property, an outdoor patio of another establishment or
an operable window into a building.
(d) Notwithstanding any other provision of this section, any owner, operator, manager or other
person who controls any establishment or facility described in this section may declare the entire
establishment or facility as a nonsmoking establishment.
(e) Posting of signs. The owner, operator or person in charge of an establishment or facility in
which smoking is prohibited shall post signs in one or more conspicuous locations stating that smoking is
prohibited and that an offense is punishable by a line not to exceed $2,000.00.
(f) It shall be a defense to prosecution under this section that the public place in which the offense
takes place does not have prominently displayed a conspicuous notice that smoking is prohibited and that
an offense is punishable by a fine not to exceed $2,000.00.
Sec. 74-184.- Compliance.
(a) Code enforcement, police, or other city officials designated by the city manager, shall be
responsible for compliance with this article. The building official shall make known this article to each
applicant applying for a nonresidential certificate of occupancy.
(b) The owner, operator, person in charge or manager of any facility regulated by this article shall
comply with the provisions of this article.
(c) Enforcement of this article may by any of the following actions:
1. Serving written notice on the owner, operator, person in charge or manager of any facility,
business or agency within the purview ofthis article, requiring the correction,within a specified
reasonable time frame, of any violation of this article;
Ordinance No. 2025-27 Smoking Regulations Page 6 of 10
2. Requesting the city attorney to maintain an action for injunction to enforce the provisions of
this article, to cause the correction of any such violation and for assessment and recovery of a
civil penalty of such violation, including attorneys' fees; or
3. Issuing a municipal court citation to any violator of this article.
The remedies contained herein are cumulative of and in addition to any other remedies that are
available to the city at law or in equity.
(d) Any person may file a complaint with the city to initiate enforcement by the city.
(e) In undertaking the enforcement of this article, the city is assuming an undertaking only to
promote the general health, safety and welfare of its citizens. The city is not assuming any duty or
obligation, nor is it imposing any duty and,'or oblioration on its officers and/or employees, nor is it liable in
money damages or otherwise to any person who claims that the city and/or one of its officers and/or
employees breached any such obligation, and the breach proximately caused injury.
(t) This article shall not be interpreted nor construed to permit smoking where it is otherwise
restricted by other applicable laws.
(g) Notwithstanding any other provision of this article to the contrary, smoking is not prohibited in
the following areas:
1. Private residences, except when used as a licensed child care, adult day care or health care
facility:
2. Hotel and motel rooms rented to guests, if permitted by the hotel or motel:
3. Approved retail tobacco or e-cioarette stores and smoking lounges provided that the following
requirements are met:
a. Smoking rooms shall prevent the escape of visible smoke, vapor or other objectionable
nonvisible products of smoking without any action required of adjacent tenant spaces.
b. Smoking rooms shall have dedicated ventilation systems separate from all other rooms
or spaces where smoking is prohibited. Ventilation systems shall consist of exhaust, air
purification, filtration, air exchanUe or a combination of methods to eliminate all visible
and nonvisible products of smoking from the indoor environment.
c. Patrons shall not be required to enter or pass through smokin(y rooms to access required
public sanitary facilities.
d. No person under 21 years of age shall be allowed entrance into or be required to work
in a smoking room.
4. Any area of fraternal organization member space not serving the general public.
5. A stage or set of a production of a television program, a theatrical presentation, or a motion
picture or filming event where smoking by an actor or performer is essential to the production,
Ordinance No. 2025-27 Smoking Regulations Page 7 of 10
6. An unenclosed outdoor seating area associated with an indoor or enclosed area, including but
not limited to a bar, hotel,motel, or eating establishment,except that this defense does not apply
i f:
a. The outdoor seating area is adjacent to a playground or play area for children; or
b. The location was posted as a nonsmoking area by the owner, operator, or person in
control of the establishment or area with a sign complying with Section 41-3; or
7. A golf course, if the location was between the tee box of the first hole and the end of the green
of the 18th hole, on the driving rankle, or an outdoor patio;
(h) The building official may deny or order the cessation of the continued use of a smoking room,
smoking lounge or retail electronic cigarette store if he determines that:
1. Visible smoke,vapor or other objectionable nonvisible products of smoking is migrating from
the smoking room, smoking lounge or retail electronic cigarette store into a space,
establishment, occupancy or use where smoking is prohibited; or
2. The smoking room, smoking lounge or retail electronic cigarette store has failed to meet any
of the standards set forth in this article or tests prescribed by the building official.
3. Upon such a determination, the smoking room, smoking lounge or retail electronic cigarette
store shall be prohibited from further use until compliance has been demonstrated to the building
official through testing or other means.
Section 74-185.- Violations and penalties
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use
of any premises subject to regulation under this chapter to fail to comply with all of its provisions, except
for violations noted in paragraph (b) of this section.
(b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the
provisions of this article.
(c) Any person who violates any provision of this article shall be gTuilty of an offense punishable
by.
1. A tine not exceeding $100.00 for the first violation,
2. A tine not exceeding $200.00 for a second violation within a one-year period of the first
violation; or
3. A fine not exceeding$500.00 for an additional violation within a one-year period of the first
violation.
Section 74-186.- Appeal
The owner or operator of a smokin( room, smoking lounge or retail electronic cigarette store that
has been denied or ordered to cease the continued use of the smoking room, smoking lounge or retail
electronic cigarette store under Section 74-184 may appeal such denial or order as follows:
Ordinance No. 2025-27 Smoking Regulations Page 8 of 10
(I)The owner or operator shall file a written notice of appeal with the building official within five
business days of the date the decision was rendered or the action occurred.The notice must state the cyrounds
for the appeal.The building official shall provide a written decision on the appeal within five business days.
Failure to render a decision within five business days shall constitute a denial.
(2) If the owner or operator's appeal to the building official is denied, the owner or operator may
file a written notice of appeal to the director of the development services department within five business
days of receipt of the building official's decision. The director of the development services department shall
provide a written decision within five business days of receipt of an appeal in accordance with this section.
Failure to render a decision within five business days shall constitute a denial.
(3) If the owner or operator's appeal to the director of the development services department is
denied, the owner or operator may file a written notice of appeal to the city manager within five business
days of receipt of the director of the development services department's decision. The city manager shall
provide a written decision within five business days of receipt of an appeal in accordance with this section.
Failure to render a decision within five business days shall constitute a denial. The city manager's decision
shall be final.
SECTION 3: PENALTY. Any person, firm, corporation or entity violating or refusing to comply
with any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a
misdemeanor,and upon conviction thereof, shall be fined in an amount not exceeding two thousand dollars
($2,000.00) for each offense if the offense relates to public health and sanitation, otherwise the fine shall
be in an amount not exceeding five hundred dollars($500.00) for each offense. Each day that a violation is
permitted to exist 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 under local, state and federal law.
SECTION 4: SAVINGS/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 occurring prior to the repeal of the ordinance. Any remaining portions
of said ordinances shall remain in full force and effect.
SECTION 5: SEVERABILITY. 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 6: AMENDMENTS. For clarity in reading amendments to the Wylie Code of
Ordinances,any language intended to be added to the code may be underscored in the amending ordinance,
and any language intended to be deleted from the code may be placed in brackets and stricken through.
These markings,when used, and the deleted portions shall be removed when amendments are printed in the
code.The amended provisions as set forth in this Ordinance have also been renumbered for ease of reading.
Ordinance No. 2025-27 Smoking Regulations Page 9 of 10
SECTION 7: EFFECTIVE DATE. This Ordinance shall be effective upon its passage and publication as
required by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th
day of June, 2025.
d <
Matthew Porter, Mayor
ATTESTED AND CORRECTLY
RECORDED:
i
Stephanie Storm, City Secretary
Date of Publication: July 3,2025 in The Wylie News
Ordinance No. 2025-27 Smoking Regulations Page 10 of 10
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STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinance No. 2025-27
was published in said newspaper on the following date(s), to-wit:
July 3, 2025
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 3rd day of July, 2025, to certify which
witness my hand and seal of office.
��.+.�s SONIIA A DUGGAN
Notary ID#126646343
My Commission Expires otary a llc i a f r
August 12,202e The State of Texa
My commission expires 08/12/2028.
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GITY OF WY LIE
Ordinance
No.2025-27 XI (smoking regu-
lations); establish-
An Ordinance -of ing new regulations
the City of Wylie, governing the pro-
Texas, amending hibition of smok-
Wylie's Code of ing in certain areas;
Ordinances, Ordi- compliance; defin-
nance No. 2021-17, ing terms; piovid-
as amended, Chap- ing a penalty clause,
ter 74 (offenses savings/repealing
1 and miscellaneous clause, severability
provisions), Article clause and an effec-
I (in general), Sea Live'date; and pro-
tion 74-3 (smoking viding for the publi-
prohibited in cer- cation of the caption
tain public areas) hereof.
and Section 74-8(B)
(violations and pen- 10-It-401i
alties), and Article