Ordinance 2016-28 ORDINANCE NO.2016-28
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER
74 OFFENSES AND MISCELLANEOUS PROVISIONS, ADDING ARTICLE XI
— SMOKING REGULATIONS, 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 it would be advantageous and beneficial to the citizens of the City of Wylie, Texas
("Wylie")to amend the City Ordinance, Chapter 74,Article XI.
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 City Ordinance Chapter 74, Article XI The City of Wylie's
City Ordinance Chapter 74,Article XI is hereby amended as shown in Exhibit"A".
SECTION 3: Savings/Repealing Clause: Wylie's City Ordinance,as amended, shall remain in
full force and effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution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 ordinance shall remain in full force and effect.
SECTION 4: 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.
Ordinance No. 2016-28 - amending Chapter 74 Offenses And Miscellaneous Provisions,
Adding Article XI—Smoking Regulations
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
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 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas,this 14th day of November,2016.
Eric Hogue,M r
ATTEST:
Ca ole Ehrlich, ecretary o6�;
a� -t `a
DATE OF PUBLICATION:November 23,2016, in the 1' r RAIL 0
�dr�4��:�:Yv:.FE R.4fgiW &
$TI OF TES
Ordinance No. 2016-28 - amending Chapter 74 Offenses And Miscellaneous Provisions,
Adding Article XI—Smoking Regulations
CITY OF WYLIE EXHIBIT "A"
Chapter 74 OFFENSES AND MISCELLANEOUS PROVISIONS
Article XI—SMOKING REGULATIONS
Sec. 74-181.—Purpose.
The purpose of this article is to provide regulations for Food Service Establishments to
require a clear distinction between designated smoking and non-smoking areas and requiring
that non-smoking areas remain generally smoke-free.
Sec.74-182.—Definitions.
Designated smoking area means any portion of a food establishment that meets all of the
following requirements: (1) the area is physically separated from any other public place by
impermeable ceilings and impermeable walls, exclusive of appropriate openings for ingress and
egress; (2) the area is independently ventilated; (3) any opening that allows ingress or egress
between said area and any public place has impermeable doors that automatically close and
remain closed unless a person is using the opening for ingress or egress; and (4) the square
footage of the area does not exceed fifty percent (50%) of the total square footage of said food
establishment.
Independently ventilated means the area meets all of the following requirements: (1) the
area's heating, ventilation and air conditioning (HVAC) system serves only an area
where smoking is allowed under this chapter; (2) the area does not allow any smoke or
secondhand smoke from smoking to enter any public place; and (3) the area is designed by a
licensed professional engineer to have a negative pressure in said area that prevents the air
from said area from being drawn across or into any public place, to provide a total air exchange
every 15 minutes, and to exhaust that air to the exterior of the building.
Sec.74-183.—Requirements for Food Service Establishments.
(a) At the time an application for site plan approval, and/or a building permit is submitted,
the establishment must declare to the building official in writing on a form provided by
the city whether such food service establishment will provide designated smoking and
non-smoking areas for patrons.
(b) A facility that provides both dedicated smoking and non-smoking areas must comply
with the following provisions:
(1) A non-smoking area must:
L Be separated from the designated smoking area by a wall or a barrier
system, that prevents the movement of smoke from the designated
smoking area into a non-smoking area that has been approved by the
building official or designee, except for food service establishments that
Page 1
CITY OF WYLIE EXHIBIT "A"
have. been issued a building permit prior to the adopted date of this
ordinance;
ii. Be ventilated with a separate ventilation system from the smoking area
so that smoke from the smoking area is not drawn into, across, or mixed
with non-smoking areas, except for food service establishments that
have been issued a building permit prior to the adopted date of this
ordinance;
iii. Existing food service establishments not in compliance with section 74-
183(b)(1)i. or ii. that undergo renovations or alterations exceeding more
than fifty (50) percent of the original valuation of the establishment as
designated in the building permit shall comply with the ventilation and
barrier requirement herein upon completion of such renovation or
alteration; and
iv. Be designated with appropriate signs visible to the patrons in the dining
area.
(2) A smoking area must:
i. Have ashtrays or other suitable containers for extinguishing lit tobacco
products placed at the perimeters of the smoking area; and
ii. Designated Smoking Area Independent Ventilation (DSAV) systems
serving smoking areas in food service establishments shall be designed
to filter tobacco particulate and odors to minimize the re-circulation of
smoking byproducts into the occupied space.
iii. DSAV must be designed by a professional engineer
iv. Serve only the smoking area of the establishment
v. Have a negative pressure within the smoking area that prevents smoke
from escaping
vi. Exchange the air within the smoking area every 15 minutes, and
vii. Exhaust the exchanged air to the exterior of the establishment.
(c) Have and implement a written policy on smoking on its premises that conforms to this
article and which is available for employee and city examination,
(d) Designate as non-smoking areas any non-dining areas of any food service establishment
to which patrons have general access, including, but not limited to, food order areas,
food service areas, restrooms and cashier areas.
Page 2
•
lor
Tile 1Tarmer5bille times' • Murphy Monitor • The Princeton Herald • 7deSachse News • THE WYLIE NEWS
media
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, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinances No. 2016-18,2016-27,2016-28,2016-29
was published in said newspaper on the following date(s),to-wit:
November 23,2016
Chad Engbrock, Publisher
•
Subscribed and sworn before me on this, the day of )1/1V , 2016
to certify which witness my hand and seal of office.
L Al it
Notary Public in and;14/
J���ppvPLri SOMA A.pUGGAN The State of Texas
NotaryPublic,State of Teuas f� J6
;VI" comm.ex Expires 08-18-2020My commission expires 0,1 F/i-
p
*ihr ii" Notary ID 130783749
Murphy!Sachsc/Wylie Office• 110 N.Ballard•P.O.Box 369•Wylie.TX 75093•972-442-5515•fax 972-442-4318
Farnersville/Princeron Office• 101 S.Main•P.O.Box 512•Farrncrsville,TX 75442•972-784-6397•fax 972-752.7023
6C November 23 - 24, 2016
Ordinance Ordinance Ordinance
No.2016-18 No. 2016-27 No.2016-28 Ordinance
An Ordinance annex- An Ordinance of the An Ordinance of the No.2016-29
ing a certain 5.23 acres City Of Wylie, Texas, City of Wylie, Texas, An Ordinance of the
of land situated in the amending the Com- amending Chapter 74 city council of the
Francisco De La Pina prehensive Zoning offenses and, miscel-, City of Wylie, Texas,
Survey, .Abstract No. Ordinance of the City, laneous provisions, amending Wyllie's
688,.Tract 126, Collin Of Wylie, as hereto- adding Article XI —
Code of Ordinances,
County, Texas, being fore amended, so as i smoking regulations, Ordinance No. 2005- .,
all of a called 5.230 to change the zon- providing for a penalty 07,as amended,appen-
acre tract of land con- ing on the hereinaf- for the violation of this
- dix c (Wylie compre-
veyed to , Odie Hall ter described prop-a ordinance; providing hensive fee schedule),
erty, zoning case for repealing, sav-
Living Trust By Deed I � section i (water and
recorded in volume number 2016-12, from Ings and severability sewer• fees), subsec-
5424, Page 4662 of Planned Development 1 1 clauses; providing for tion o (penalty) and
The Deed Records of
2013-37-Single Family an effective date•of this section 2-3 (fee for us-
Collin, Texas; provid- District (PD2013-37- ordinance; and provid- ing credit/debit card to
in for penalty for SF) to Planned Devel- ing for the publication
g p y of the caption hereof. purchase city services).
the violation of this or- opment-2016-XX-Sin- of article 1 (in general)
dinance; providing for gle Family District of chapter 2 (admin-
the repeal of all ordi- (PD2016-XX-SF) To istration) to remove
nances in conflict;pro- allow a_ 5' rear, yard provisions requiring
viding a severability ! encroachment on ap- the assessment of a fee
clause; and providing proximately 350 acres-, If for the processing of a
for an effective date. providing for a penalty payment by credit or
for the violation of this debit card and the as-
ordinance; providing sessment of a fee "for
for the repeal of all the acceptance of such
ordinances in conflict; payment online; autho
providing a severabil- rizing the acceptance
ity clause; and provid- of payment by credit
ing for• an effective or debit card.of fees,
date. fines court costs or
other charges and au-
thorizing the collection
of a service charge if,
for any reason, a pay-
ment by credit or debit
I ,card is not honored;
providing for a pen-
II alty for the violation of
:.,:.. .
this ordinance; provid-
3' ing for repealing, sav-
ings and severability
clauses; providing for
an effective date of this
oildiaance; and provid-
ing for the publication
of the caption of this
ordinance.
29-1t-1431i