Ordinance 24

SMOKE-FREE ORDINANCE

“The Hennepin County Board of Commissioners does ordain:”

SECTION 1: PURPOSE

1.01 Purpose. This Ordinance is enacted to protect the health, safety, and general welfare of the people of Hennepin County pursuant to powers granted under Minnesota Statutes Chapters 145A and 375 and subsequent recodifications and/or amendments, and other applicable legislation, as may be adopted from time to time.

1.02 Objectives. The principal objectives of this Ordinance are:

A. To prevent secondhand tobacco exposure and its adverse health effects on employees, patrons, and the general public while in public indoor areas and places of employment;

B. To protect, in particular, the health of vulnerable populations including children and those with chronic health conditions; and

C. To maintain consistency in enforcement of clean air in public indoor areas, and in the use of products that simulate combustible tobacco products.

SECTION 2: GENERAL PROVISIONS

2.01 Prohibitions.

A. Smoking in public places. Smoking shall not be permitted in and no person shall smoke in a public place, at a public meeting, in a place of employment, or in public transportation, except as provided in this section or Section 2.05 below

B. Day care premises. Smoking is prohibited in a day care center licensed under Minnesota Rules, parts 9503.0005 to 9503.0175, or in a family home or in a group family day care provider home licensed under Minnesota Rules, parts 9502.0300 to 9502.0445, during its hours of operation. The proprietor of a family home or group family day care provider must disclose to parents or guardians of children cared for on the premises if the proprietor permits smoking outside of its hours of operation. Disclosure must include posting on the premises a conspicuous written notice and orally informing parents or guardians.

C. Health care facilities and clinics.

1. Smoking is prohibited in any area of a hospital, health care clinic, doctor's office, licensed residential facility for children, or other health care-related facility, except that a patient or resident in a nursing home, boarding care facility, or licensed residential facility for adults may smoke in a designated separate, enclosed room maintained in accordance with applicable state and federal laws.

2. Except as provided in Minnesota Statutes section 246.0141, smoking by patients in a locked psychiatric unit may be allowed in a separated well-ventilated area in the unit under a policy established by the administrator of the program that allows the treating physician to approve smoking if, in the opinion of the treating physician, the benefits to be gained in obtaining patient cooperation with treatment outweigh the negative impacts of smoking.

D. Public transportation vehicles. Smoking is prohibited in public transportation vehicles except that the driver of a public transportation vehicle may smoke when the vehicle is being used for personal use. For purposes of this subdivision, “personal use” means that the public transportation vehicle is being used by the driver for private purposes and no for-hire passengers are present. If a driver smokes under this subdivision, the driver must post a conspicuous sign inside the vehicle to inform passengers.

2.02 Private Prohibitions. Nothing in this Ordinance shall prevent the proprietor or other person in charge of any place including, without limitation, any residence, motor vehicle or outdoor space, from prohibiting smoking in any such place.

2.03 Other Applicable Laws. This Ordinance is intended to complement and go beyond the Minnesota Clean Indoor Air Act, Minnesota Statutes, Sections 144.411 to 144.417, or other applicable law, as amended from time to time. Nothing in this Ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws.

2.04 Exclusions. This Ordinance does not apply to:

A. Locations where smoking is expressly authorized by state or federal law, rule, or regulation.

B. Scientific study participants. Smoking by participants in peer reviewed scientific studies related to the health effects of smoking may be allowed in a separated room ventilated at a rate of 60 cubic feet per minute per person pursuant to a policy that is approved by the commissioner and is established by the administrator of the program to minimize exposure of nonsmokers to smoke.

C. Traditional Native American ceremonies. This Ordinance does not prohibit smoking by a Native American as part of a traditional Native American spiritual or cultural ceremony. For purposes of this section, a Native American is a person who is a member of an Indian tribe as defined in Minnesota Statutes section 260.755, subdivision 12.

D. Private places. Except as provided in Section 2.02 of this Ordinance, nothing in this Ordinance prohibits smoking in:

1. Private homes, private residences, or private automobiles when they are not in use as a place of employment, as defined in Minnesota Statutes section 144.413, subdivision 1b; or

2. Hotel or motel sleeping room rented to one or more guests.

E. Heavy commercial vehicles. Nothing in this Ordinance prohibits smoking in the cabs of motor vehicles registered under Minnesota Statutes section 168.013, subdivision 1e, with a total gross weight of 26,001 pounds or greater.

F. Farm vehicles and construction equipment. Nothing in this Ordinance prohibits smoking in farm trucks, as defined in Minnesota Statutes section 168.002, subdivision 8; implements of husbandry, as defined in Minnesota Statutes section 168A.01, subdivision 8; and special mobile equipment, as defined in Minnesota Statutes section 168.002, subdivision 31. This subsection applies to farm trucks, implements of husbandry, and special mobile equipment, when being used for their intended purposes.

G. Family farms.  Nothing in this Ordinance prohibits smoking in the house, garage, barns, and other buildings on a family farm that meet the following criteria: (1) the family farm is engaged in farming, as defined in Minnesota Statutes section 500.24, subdivision 2, paragraph (a); (2) the family farm meets the definition of family farm under Minnesota Statutes section 500.24, subdivision 2, paragraph (b), (c),(j), or (l); and (3) the family farm employs two or fewer persons who are not family members.

H. Theatrical productions. Nothing in this Ordinance prohibits smoking by actors and actresses as part of a theatrical performance conducted in compliance with Minnesota Statutes section 366.01. Notice of smoking in a performance shall be given to theater patrons in advance and shall be included in performance programs.

I. Tobacco products shop. Nothing in this Ordinance prohibits smoking a tobacco product or electronic delivery device as defined in Minn. Stat. § 609.685 in a tobacco products shop by an employee, customer or potential customer for the limited purpose of sampling a product, product instruction, or testing an electronic delivery device. For the purposes of this subdivision, a tobacco products shop is a retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, electronic delivery devices, and other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental, and which prohibit minors from entering the premises at all times. “Tobacco products shop” does not include a tobacco department or section of any individual business establishment with any type of liquor, food, or restaurant license.

2.05 Jurisdiction. Pursuant to Minnesota Statutes §§ 145A.04 and 145A.05, this Ordinance shall apply throughout all of Hennepin County. Nothing in this Ordinance shall prevent other local levels of government within Hennepin County from adopting more stringent measures to protect citizens from smoking as defined in this Ordinance.

SECTION 3: DEFINITIONS

3.01 Health Authority. “Health Authority” means the Hennepin County Human Services and Public Health Departments and designated employees, agents, or contractors, as the Hennepin County Board may designate.

3.02 Indoor area. “Indoor area” shall have the same meaning as “indoor area” as set forth in Minn. Stat. § 144.413, subd.1a, as may be amended from time to time.

3.03 Place of employment. “Place of employment” shall have the same meaning as “place of employment” as set forth in Minn. Stat. § 144.413, subd.1b, as may be amended from time to time.
 
3.04 Proprietor.
“Proprietor” has the meaning specified by the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0100, subpart 13, as amended from time to time.

3.05 Public place. “Public place” shall have the same meaning as “public place” as set forth in Minn. Stat. § 144.413, subd. 2, as may be amended from time to time.

3.06 Public meeting. “Public meeting” shall have the same meaning as “public meeting” as set forth in Minn. Stat. § 144.413, subd.3, as may be amended from time to time.

3.07 Public transportation. “Public transportation” shall have the same meaning as “public transportation” as set forth in Minn. Stat. § 144.413, subd.5, as may be amended from time to time.

3.08 Smoking. “Smoking” means the inhaling, exhaling or combustion of any cigar, cigarette, pipe, tobacco product, tobacco-related product, weed, plant or any other similar article. “Smoking” includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted tobacco product or tobacco-related device. “Smoking” also includes the use of, or the inhaling or exhaling of vapor from, any electronic delivery device, as well as carrying an electronic delivery device that is turned on or otherwise activated.

SECTION 4: ADMINISTRATION

Except where otherwise specified, this Ordinance is subject to all provisions of the Hennepin County Administrative Ordinance, Ordinance No. 1, as may be amended from time to time.

SECTION 5: RESPONSIBILITIES OF PROPRIETORS

5.01 The proprietor or other person firm, limited liability company, corporation, or other entity that owns, leases, manages, operates, or otherwise controls the use of a public place, public transportation, place of employment, or public meeting shall make reasonable efforts to prevent smoking in the public place, public transportation, place of employment, or public meeting by:

A. Posting “no smoking” signs that comply with the requirements for sign placement and size of letters consistent with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0500, as may be amended from time to time; and

B. Asking any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, asking the person to leave. If the person refuses to leave, the proprietor, person, or entity in charge shall handle the situation consistent with lawful methods for handling other persons acting in a disorderly manner or as a trespasser.

C. Ensuring that smoking equipment, including ashtrays or matches, is not provided in areas where smoking is prohibited.

D. The proprietor or other person or entity in charge of a business or indoor public area may not serve an individual who is in violation of this Ordinance.

SECTION 6: ENFORCEMENT AND PENALTIES

6.01 Enforcement. This Ordinance shall be enforced by the Health Authority and local law enforcement.

6.02 Misdemeanor. Any person who violates this Ordinance, or who permits a violation to exist on the premises under his/her control, or fails to take action to abate the existence of the violation(s) within a specified time period, when ordered or notified to do so by the Health Authority, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by law. Each day of violation constitutes a separate offense.

6.03 Adverse license action. Failure to comply with any provision of this Ordinance shall be adequate grounds for the denial, refusal to renew, revocation or suspension of license or permit issued by the County or issuance of a citation to the person alleged to have committed the violation.

6.04 Civil remedies. In the event of a violation or a threat of violation of this Ordinance, the County Attorney may take appropriate action to enforce this Ordinance, including application for injunctive relief, action to compel performance, or other appropriate action in court, if necessary, to prevent, restrain, correct, or abate such violations or threatened violations. The County Attorney enforcing provisions of this Ordinance may seek costs and disbursements, including attorneys’ fees.

SECTION 7: SEVERABILITY

If any provision or application of this Ordinance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance.

SECTION 8: CAPTIONS

The captions printed in boldfaced type before sections of this Ordinance are mere catch words to indicate the content of the section.

SECTION 9: EFFECTIVE DATE

After passage by the Hennepin County Board of Commissioners, the provisions of this revised Ordinance shall take effect on March 10, 2015.

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