R2007-136 2007-08-27
RESOLUTION NO. R2007 -136
A RESOLUTION ORDERING A SPECIAL ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 6, 2007, FOR THE PURPOSE OF
SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF
PEARLAND, TEXAS, AN INITIATIVE FOR THE REGULATION OF
SMOKING IN PUBLIC PLACES.
WHEREAS, the City Council of the City is authorized and has determined to call
a special election for the purpose of an initiative for the regulation of smoking in public
places for the purposes hereinafter set forth; and
WHEREAS, the City Council wishes to proceed with the ordering of such special
election and the City Council has determined that holding such elections is in the public
interest;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PEARLAND CITY, TEXAS:
Section 1. Call of Elections; Date; EIiQible Electors and Hours. (a). It is
hereby ordered that a special election (the "Special Election") be held in and throughout
the City on Tuesday, November 6, 2007, between the hours of 7:00 o'clock a.m. and
7:00 o'clock p.m. at which Special Election the initiative set forth on Exhibit A hereto for
the regulation of smoking in public places, shall be submitted to all resident, qualified
electors of the City.
(b) The Special Election (the "Election") shall be held under the provisions of
the Charter of the City, the Constitution and laws of the State of Texas and of this
Resolution. All qualified voters residing in the City shall be allowed to vote at the
Elections; and each voter shall vote in the election precinct in which such voter resides.
Section 2. Election Precincts; PollinQ Places; Election Officers. (a) The
election precincts for the Elections shall be the county election precincts and such
precincts; the polling places and the precinct judges are hereby established and shall be
as described in Exhibits Band D hereto.
(b) The election officials for each City precinct in shall be designated by the
County Clerk of Brazoria County, Texas (the "Elections Administrator"); and such
officials shall conduct the City's Elections in accordance with a Joint Election Agreement
and Contract for Election Services (the "Election Contract") between Brazoria County,
Texas and the City. The Elections Administrator is hereby authorized and instructed to
provide and furnish all necessary election supplies for all City precincts. The official
mailing address and physical of the Elections Administrator is Joyce Hudman, County
Clerk, 111 East Locust, Suite 200, Angleton, Texas 77515-4654.
In the event the Mayor shall find that one or more of the polling places listed on Exhibit B have
become unavailable or unsuitable for use at the Elections or if any person or persons appointed
herein do not appear or are unable to perform their duties, he is hereby authorized to designate
substitute polling places and appoint substitute personnel, giving such notice as he deems
appropriate.
Section 3. Ballots and Propositions. The City Secretary and the Election
Administrator are hereby authorized and directed to prepare the ballots for the Special
Election in accordance with the provisions of the Texas Election Code. The ballots to
be used in the Special Election shall have printed thereon the initiative corresponding to
each of the initiative set forth on Exhibit A to this Resolution. The specific ballot
language for the initiative shall be as described on Exhibit C hereto with provision to
vote "FOR" or "AGAINST" each proposition.
Section 4. Votina. Voting in the Elections, including early voting by personal
appearance shall be by an electronic voting system adopted by the City and the
Commissioners Court of Brazoria County, Texas for use in elections held by the City
and Brazoria County. Each voter in the Special Election desiring to vote in favor of a
initiative shall mark the ballot indicating "FOR" the initiative, and each voter desiring to
vote against a initiative shall mark the ballot indicating "AGAINST" the initiative. Voting
shall be conducted in accordance with the Texas Election Code.
Section 5. Early Votina. Early voting by personal appearance shall be
conducted at the dates, times and polling places listed in Exhibit D to this Resolution.
The City Council hereby establishes Brazoria County Courthouse West Annex,
451 N. Velasco, Room 144, Angleton, Texas 77515 as the main early voting polling
place at which early voting by personal appearance shall be conducted.
The Council hereby appoints the Elections Administrator as the early voting clerk.
The Elections Administrator shall receive applications for a ballot to be voted by mail.
The mailing address to which ballot applications and ballots voted by mail may be sent
is as follows: Joyce Hudman, County Clerk, 111 East Locust, Suite 200, Angleton,
Texas 77515-4654. Applications for ballots by mail may be received no earlier than
Friday, September 7,2007 and no later than 5:00 p.m. on Tuesday, October 30,2007.
The Council hereby appoints the Elections Administrator as the presiding judge
of the special early voting ballot board to count and return early voting ballots in
accordance with the Election Code. The presiding judge shall appoint election clerks as
needed, and such judge and clerks shall constitute the special early voting ballot board
and shall perform the duties set forth for such board in the Texas Election Code.
Section 6. Notice of Election. Notice of the Election, in English and Spanish,
stating in substance the contents of this Resolution, shall be: (i) published one time in a
newspaper of general circulation within the City's territory not earlier than the thirtieth
day or later than the 10th day before the Elections; (ii) posted on the bulletin board used
by the Council to post notices of the Council's meetings no later than the twenty-first
(21st) day before the date of the Elections; and (iii ) posted, not later than the twenty-
2
first (21 st) day before the date of the Elections, in three (3) public places within the City
and at City Hall.
Section 7. Declaring Results. City Council shall canvass the returns and
declare the results of the Elections.
Section 8. Notice of Meeting. It is further found and determined that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this Resolution and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 9. Authoritv of the Mavor. The Mayor shall have the authority to
take, or cause to be taken, all actions reasonable and necessary to insure that the
Elections are fairly held and returns properly counted and tabulated for the canvass of
the Elections returns by the City Council in accordance with state law.
Effective Date. This Resolution is effective immediately upon its passage and
approval.
PASSED, APPROVED AND ADOPTED this 27th day of August A.D., 2007.
~ (2iJ
TOM REID
Mayor
ATTEST:
APPROVED AS TO FORM:
0~ (j<;L
DARRIN COKER
City Attorney
3
EXHIBIT "A"
Ordinance No.
- SMOKING IN PUBLIC PLACES
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS REPEALING SECTION 20-9
"SMOKING IN PUBLIC PLACES - DEFINITIONS", SECTION 20-10 "SAME - WHERE PROHIBITED", SECTION 20-11
"SAME - FOOD ESTABLISHMENT REGULATIONS" AND SECTION 20-12 "SAME - REPORTING
REQUIREMENTS", ARTICLE I "IN GENERAL" ; ADOPTING A NEW SECTION 20-9 "SMOKING IN PUBLIC
PLACES" ARTICLE I "IN GENERAL" WHICH PROHIBITS SMOKING WITH THE CITY OF PEARLAND IN ALL
ENCLOSED PUBLIC PLACES AND WORKPLACES (AND WITHIN 25 FEET OF THEIR ENTRANCES), AND WHICH
PROHIBITS SMOKING IN THE SEATING AREAS OF ALL OUTDOOR ARENAS, STADIUMS, AND
AMPHITHEATERS; REPEALING INCONSISTENT ORDINANCES; ESTABLISHING A PENALTY; AND PROVIDING
FOR AN EFFECTIVE DATE THEREOF.
Sec. 20-9-0 Purpose
Sec.20-9-1 Definitions
Sec. 20-9-2 Prohibition of Smoking in Public Places
Sec. 20-9-3 Prohibition of Smoking at Public Outdoor Events
Sec. 20-9-4 Reasonable Distance
Sec. 20-9-5 Application of Ordinance to City-Owned Facilities
Sec. 20-9-6 Exceptions from Prohibition
Sec. 20-9-7 Outdoor Distance Exceptions
Sec. 20-9-8 Employer Responsibilities
Sec. 20-9-9 Voluntary Designation of a Non-Smoking Facility
Sec. 20-9-10 Signs Required
Sec. 20-9-11 Retaliation Prohibited
Sec. 20-9-12 Enforcement
Sec. 20-9-13 Violation and Penalties
Sec. 20-9-]4 Public Education
Sec. 20-9-]5 Governmental Agency Cooperation
Sec. 20-9-]6 Application of Other Law
Sec. 20-9-] 7 Severability
Sec. 20-9-18 Liberal Construction
Sec. 20-9-19 Effective Date
('-
ORDINANCE NO.
- SMOKING IN PUBLIC PLACES.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS REPEALING SECTION 20-9
"SMOKING IN PUBLIC PLACES - DEFINITIONS", SECTION 20-10 "SAME - WHERE PROHIBITED", SECTION 20-11
"SAME - FOOD ESTABLISHMENT REGULATIONS" AND SECTION 20-12 "SAME -REPORTING REQUIREMENTS",
ARTICLE I "IN GENERAL" ; ADOPTING A NEW SECTION 20-9 "SMOKING IN PUBLIC PLACES" ARTICLE I "IN
GENERAL" WHICH PROHIBITS SMOKING WITH THE CITY OF PEARLAND IN ALL ENCLOSED PUBLIC PLACES
AND WORKPLACES (AND WITHIN 25 FEET OF THEIR ENTRANCES), AND WHICH PROHIBITS SMOKING IN THE
SEATING AREAS OF ALL OUTDOOR ARENAS, STADIUMS, AND AMPHITHEATERS; REPEALING INCONSISTENT
ORDINANCES; ESTABLISHING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE THEREOF.
~ SEC. 20-9-0 PURPOSE.
The purpose of this ordinance is to
(I) improve and protect the public's health by eliminating smoking in public
places and workplaces;
(2) promote the right of nonsmokers to breathe smoke-free air; and
(3) recognize that the need to breathe smoke-free air shall have priority over
the choice to smoke.
~ SEC.20-9-1 DEFINITIONS.
(1) BAR means an area that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which
the serving of food is only incidental to the consumption of such beverages. A "bar" includes those facilities located within a
restaurant, hotel, motel or other similar transient occupancy establishment and those establishments that allow guests to bring their
own alcoholic beverages for consumption on premises. For purposes of this ordinance, a bar includes any place where alcohol is
consumed, whether purchased on or brought to the.premises.
(2) BUSINESS means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-
making purposes, including retail establishments where goods or services are sold as well as professional corporations and other
entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
(3) EMPLOYEE means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and
a person who volunteers his or her services for a nonprofit entity.
(4) EMPLOYER means a person, partnership, corporation, including a municipal corporation, or non-profit entity, which employs the
services of one or more persons.
(5) ENCLOSED AREA means a space that is enclosed on all sides by solid walls that extend from the floor to the ceiling (exclusive of
windows, doors or passageways), including all space therein screened by partitions which do not extend to the ceiling or are not solid.
(6) FRATERNAL ORGANIZATION means a non-profit organization that:
(a) is chartered by a national organization in existence since 1953;
(b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue
Code;
(c) operates under a lodge system with a representative form of government; and
(d) is organized for the exclusive benefit of the members of the organization and
their dependents.
-:J
(7) OPERA TOR means the owner or person in charge of a public place or workplace, including an employer.
(8) PRlV ATE CLUB means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or
portion thereof used exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic,
political, benevolent, or atWetic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its
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 govern its
activities.
The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501.
(9) PRlV A TE PLACE means any enclosed area to which the public is not invited or in which the public is not permitted, including but
not limited to, personal residences, fraternal clubs or personal automobiles. A privately-owned business, open to the public, is not a
"private place".
(10) PUBLIC PLACE means an enclosed area to which the public is invited or in which the public is permitted, including but not
limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas,
restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports
arenas, theaters and waiting rooms. A private residence is not a "public place" unless it is used as a child care, adult day care, or health
care facility.
(11) RESTAURANT means an eating establishment, including but not limited to, coffee shops, cafeterias, sandwich stands, and
private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and
catering facilities in which food is prepared on the premises for serving elsewhere.
(12) RETAIL TOBACCO STORE means a retail store used primarily for the sale of tobacco products and accessories and in which
the sale of other non-tobacco products is incidental.
(13) SERVICE LINE means any indoor line at which one (1) or more persons are waiting for or receiving service of any kind, whether
or not such service involves the exchange of money.
(14) SMOKING means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, weed, plant, or other combustible
substance in any manner or in any form.
(15) SPORTS ARENA means sport pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling
alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in
atWetic competition, or witness sports events.
(16) WORKPLACE means an enclosed area under the control of a public or private employer which employees normally frequent
during the course of employment, including, but not limited to, work areas, employee lounges and restroom, conference and
classrooms, employee cafeterias and hallways. A private residence is a "workplace" if it is used as a child care, adult day care or
health facility.
S SEe. 20-9-2 PROHIBITION OF SMOKING IN PUBLIC PLACES.
(A) A person commits an offense if the person smokes in an enclosed public place, as well as those outdoor areas designated in Sec. 3
and 4, including, but not limited to, the following places:
(1) Elevators;
(2) Restrooms, lobbies, reception areas, hallways and any other common-use
areas;
(3) Buses, bus terminals, taxicabs, train stations, airports and other facilities and
means of public transit under the authority of the City of Pearl and, as well as
ticket, boarding, and waiting areas of public transportation facilities;
~
(4) Service lines;
(5) Retail stores, shopping malls and restaurants;
(6) All enclosed areas available to and customarily used by the general public in
all business, including but not limited to, attorneys' offices and other offices,
banks, laundromats, hotels and motels;
(7) Bars;
(8) Bowling alleys, pool halls, and amusement arcades;
(9) Galleries, libraries, and museums;
(10) Any facility which is primarily used for exhibiting any motion picture, stage,
drama, lecture, musical recital or other similar performance, except that
performers may smoke when the smoking is part of a stage production;
(11) Indoor sports arenas and convention halls;
(12) Every room, chamber, place of meeting or public assembly, including school
buildings (public or private), under the control of any board, council, commission,
committee, including joint committees, or agencies of the City of Pearl and or any
political subdivision of the State during such time as a public meeting is in
progress;
(13) Waiting rooms, hallways, wards and semiprivate rooms of health facilities,
including, but not limited to, hospitals, clinics, physical therapy facilities,
doctors' offices, and dentists' offices;
(14) Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and other
multiple-unit residential facilities;
(15) Polling places;
(16) Bingo facilities;
(17) Adult entertainment enterprises;
(18) Private clubs when being used for a function to which the general public is invited;
(B) A person commits an offense if the person smokes in an enclosed area of a workplace without exception. 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.
(C) A person commits an offense if the person smokes within twenty-five (25) feet from an entrance, operable window, or ventilation
system of an enclosed area in which smoking is prohibited.
(D) The owner or operator of a public place commits an offense if the person fails to take necessary steps to prevent or stop another
person from smoking in an enclosed area in a public place.
S SEe. 20-9-3 PROHIBITION OF SMOKING AT PUBLIC OUTDOOR EVENTS.
A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater.
()
~ SEC. 20-9-4 REASONABLE DISTANCE.
Smoking is prohibited within a reasonable distance of not less than twenty-five (25) feet outside entrances, operable windows, and
ventilation systems of enclosed areas where smoking is prohibited.
S SEe. 20-9-5 APPLICATION OF ARTICLE TO CITY-OWNED FACILITIES.
All facilities, including zoos, parks, playgrounds, golf courses, building and vehicles owned, leased or operated by the City of
Pearland, shall be subject to the provisions of this ordinance. City owned facilities shall not be construed to include private boating on
city lakes.
S SEC. 20-9-6 EXCEPTIONS FROM PROHIBITION.
This ordinance does not apply to:
(1) A dwelling unit that is used exclusively for a residential use;
(2) Private vehicles, except when being used in the course of employment;
(3) A hotel or motel room designated as a smoking room and rented to a person, provided, however, that no more than twenty percent
(20%) of hotel and motel rooms rented to guests may be so designated. All smoking rooms on the same floor must be contiguous and
smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this ordinance. The status
of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms.
(4) Retail tobacco stores:
(a) in stand-alone physical facilities or other retail space provided that smoke for
the subject store does not infiltrate areas where smoking is prohibited under the
provisions of this ordinance; and
(b) where sales of incidental products shall not exceed ten percent (10%) of total
gross sales; sales of incidental products shall not include the sale of alcohol
regardless of percentage of total gross sales; and
(c) where no alcohol is consumed on the premises.
(5) A private or semi-private room in a nursing home or long-term care facility that is occupied by individuals who smoke and have
requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places does not infiltrate into
areas where smoking is prohibited under the provisions of this ordinance.
(6) An outdoor area of a workplace that is not in the area described by Section 2(E)
(Prohibition of Smoking in Public Places);
(7) Private clubs that have no employees, except when being used for a function to which the general public is invited. This
exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this ordinance.
(8) Areas designated within a hospital psychiatric unit.
~ SEe. 20-9-7 OUTDOOR DISTANCE EXCEPTIONS.
A person may smoke within twenty-five (25) feet of an entrance to a restricted smoking facility if:
(1) the entrance is not a primary public pedestrian entrance to the premises; or
(2) the distance between the entrance and the adjacent roadway is less than twenty-five (25) feet.
17'\
S SEe. 20-9-8 EMPLOYER RESPONSIBILITIES.
(A) Except as provide in Subsection (B), an employer shall provide a smoke-free workplace for employees.
(B) If an employer requires employees to work in an area described in Sec. 6(2) through (6)
(Exceptions from Prohibition), the employer shall make reasonable accommodations for an
employee who requests assignment to a smoke-free area.
(C) Each employer having any enclosed workplace located within the City of Pearl and shall adopt, implement and maintain a written
smoke policy, which shall contain the following requirements:
Smoking shall be prohibited in all enclosed facilities within a workplace without exception. 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.
Additionally, smoking is prohibited with a reasonable distance of not less than 25 feet outside entrances, operable
windows, and ventilation systems of enclose areas where smoking is prohibited.
(D) The smoking policy shall be communicated to all employees within four (4) weeks of its adoption and posted conspicuously in all
workplaces under the employer's jurisdiction.
(E) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employees.
S SEC. 20-9-9 VOLUNTARY DESIGNATION OF A NON-SMOKING FACILITY.
Nothing in this ordinance implies that the operator of an enclosed or outdoor public place is prohibited from designated the entire
facility as non-smoking.
9 SEe. 20-9-10 SIGNS REQUIRED.
(A) The operator of a public place shall conspicuously post a "No Smoking" sign, the international "No Smoking" symbol (depiction
of a burning cigarette enclosed in a red circle with a red bar across it), or other sign containing words or pictures that reasonably
prohibit smoking. The signs shall be written in contrasting colors with bold block lettering of not less than one (1) inch in height and
must be posted:
(l) in each public place and workplace where smoking is prohibited by this
ordinance; and
(2) at each entrance to a public place or workplace.
(B) The operator of a public place shall conspicuously post signs in areas where
smoking is permitted under Sec. 6 (Exceptions from Prohibition).
(C) The operator of a public place and an employer shall remove any ashtray or
other smoking accessory from a place where smoking is prohibited.
(D) It is not a defense to prosecution under this ordinance that an operator failed to post a sign required under this section.
9 SEe. 20-9-11 RETALIATION PROHIBITED.
(A) A person conunits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for
employment because the customer, employee or applicant for employment reports a violation of this ordinance.
I I
(B) An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights
the employee may have against the employer or any other party.
9 SEe. 20-9-12 ENFORCEMENT.
(A) This section is cumulative of other laws providing enforcement authority.
(B) This ordinance shall be enforced by the Director of Health and Sanitation Department or any authorized designee, Fire
Department, Police Department, Building Inspections Division or designee, Code Enforcement Officers and the City Manager or
designee.
(C) Any citizen may report a violation of this ordinance to the Director of the Health
and Sanitation Department.
(C) The city manager may authorize a City employee conducting an inspection under any provision of the ordinance to also inspect for
compliance with this ordinance and issue a citation for a violation of this ordinance.
(D) An owner, manager, operator, or employee of an establislunent regulated by this ordinance shall inform persons violating the
ordinance of the appropriate provisions thereof.
(E) Notwithstanding any other provision of this ordinance, an employee or private citizen may bring legal action to require the city to
enforce this ordinance.
(F) In addition to the remedies provided by the provisions of this Section, the City Manager or the Director of Health and Sanitation
Department may apply for injunctive relief to enforce these provisions in any court of competent jurisdiction.
9 SEC. 20-9-13 VIOLATION AND PENALTIES.
(A) A person who violates the provisions of this ordinance commits a Class C misdemeanor, punishable by a fine not to exceed
$2,000. A culpable mental state is not required for a violation of this ordinance, and need not be proved.
(B) A person who owns, manages, operates, or otherwise controls a public place or workplace and who fails to comply with the
provisions of this ordinance shall be guilty of an infraction, punishable by:
(1) A fine not exceeding two hundred dolIars ($200) for a fust violation.
(2) A fine not exceeding four hundred dollars ($400) for a second violation within a
period of twelve (12) consecutive months.
(3) A fine not exceeding five hundred dollars ($500) for each additional violation within
a period of twelve (12) consecutive months.
(B) The City Manager may suspend or revoke a permit or license issued to the operator of a public place or workplace where a
violation of this ordinance occurs.
(C) Each day an offense occurs is a separate violation.
(D) Violation of this ordinance is hereby declared to be a public nuisance, which may be abated by the Director of Health by
restraining order, preliminary and permanent injunction, or other means provided for by law, and the City may take action to recover
the costs of the nuisance abatement.
'<-II/).
~
9 SEe. 20-9-14 PUBLIC EDUCATION.
(A) The City Manager shall:
(1) obtain or develop a comprehensive tobacco education program to
educate the public about the harmful effect of tobacco and its addictive qualities.
(2) conduct informational activities to notify and educate businesses and the public
about this ordinance; and
(3) coordinate the City's tobacco education program with other civic or volunteer
groups organized to promote smoking prevention and tobacco education.
(B) To implement this section, the City Manager may publish and distribute educational
materials relating to this ordinance to businesses, their employees, and the public.
9 SEe. 20-9-15 GOVERNMENTAL AGENCY COOPERATION.
The City Manager shall annually request that each federal, state, county, and school
district agency with a facility in the City adopt local operating procedures and update its
existing smoking control regulation in compliance with this ordinance.
9 SEe. 20-9-16 APPLICATION OF OTHER LAW.
This ordinance is cumulative of other laws that regulate smoking. This ordinance shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable laws.
9 SEe. 20-9-17 SEVERABILITY.
If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are declared to be severable.
S SEe. 20-9-18 LIBERAL CONSTRUCTION.
This ordinance shall be liberally construed so as to further its purposes.
S SEC. 20-9-19 EFFECTIVE DATE.
This ordinance shall be effective on and after ten (10) days from its passage and adoption. Signage as required by Sec. 20-9-10 shall
be in place within thirty (30) days after the effective date.
I'l.
EXHIBIT B
ELECTION DAY PRECINCTS AND POLLING PLACES
City of Pearland
Precinct No.
12
Location
Drainage District NO.4 Building
4805 W. Broadway
Pearland, 281-485-2460
26
Lawhon Elementary School
5810 Brookside
Pearland,281-412-1445
28
Pearland Church of Christ (Annex Bldg.)
2217 N. Grand Blvd.
Pearland, 713-557-5626
Challenger Elementary School
9434 Hughes Ranch Rd.,
Pearland, 281-485-7912
29
36
VFW Hall
4202 W. Walnut
Pearland, NO PHONE
46
Pearland Community Center
3523 Liberty Drive
Pearland,281-652-1673
Harris County Precincts 537 & 654
47
Combined with Pet. 77
Second Baptist Church
4248 Veterans Dr.
Pearland, NO PHONE
51
Shadycrest Baptist Church
3214 Hamm Rd.
Pearland,281-485-1481
58
Cobblestone Park Apt. Homes Gym
3800 CR 94
Manvel,281-489-2260
Mary Marek Elementary School
1947 Kirby Dr.
Pearland, 713-436-2637
Precinct Fort Bend
reci 4
59
City of Pearland
Precinct No.
61
62
63
64
65
67
68
60
75
Combined with Pct. 58
76
77
Location
Calvary Baptist Church
3302 CR 89
Pearland,281-489-7236
First Church of Pearland
1850 Broadway
Pearland, 281-992-4538
First Assembly of God
7030 Broadway
Pearland,281-997-3348
Silverlake Elementry School
2550 CR 90
Pearland, 713-436-8000
Majestic Christian Center
3512 McLean Rd.
Pearland, 281-997-0842
Carriage House
3119 Flower Field Ln.
Pearland,713-436-1062
IHarris GguntYprecinctI63Q
C.F. Spencer Masonic Lodge No. 1384
4614 W. Walnut St.
Pearland, 281-485-1384
Fellowship Bible Church
1720 E. Broadway
Pearland, 281-482-0239 (outgoing only)
Cobblestone Park Apt. Homes Gym
3800 CR 94
Manvel,281-489-2260
Westside Event Center
2150 Countryplace Pkwy.
Pearland, 713-436-8600
Second Baptist Church
4248 Veterans Dr.
Pearland, NO PHONE
EXHIBIT C
BALLOT LANGUAGE
INITIATIVE
[ ] FOR ) AN ORDINANCE OF THE CITY COUNCIL OF
)---------- THE CITY OF PEARLAND, TEXAS
) REPEALING SECTIONS 20-9, 20-10 AND 20-
[ ] AGAINST) 11 OF THE CITY OF PEARLAND CODE OF
ORDINANCES AS THEY APPLY TO THE
REGULATION OF SMOKING IN PUBLIC
PLACES, AND ADOPTING A NEW
ORDINANCE WHICH PROHIBITS SMOKING
IN ALL ENCLOSED PUBLIC PLACES AND
WORK PLACES (AND WITHIN 25 FEET OF
THEIR ENTRANCES), AND WHICH
PROHIBITS SMOKING IN SEATING AREAS
OF ALL OUTDOOR ARENAS, STADIUMS
AND AMPHITHEATERS.
rl't:;'~:H...IIU't:;'U uy v't:;'ul't:;'LCllY VI vLClL't:;'
Sections 4.004, 83.010, 85.004, 85.007, Texas Election Code
2/93
EXHIBIT "D"
NOTICE OF EARLY VOTING FOR NOVEMBER 6, 2007 ELECTIONS
EARLY VOTING BY PERSONAL APPEARANCE LOCATIONS:
\NGLETON MAIN LOCATION:
BRAZORIA COUNTY COURTHOUSE WEST ANNEX
451 N. VELASCO, ROOM 144, ANGLETON
I.\LVIN BRANCH LOCATION:
ALVIN LIBRARY
105 S. GORDON ST., ALVIN
BRAZORIA BRANCH LOCATION:
PRECINCT 4 COUNTY BARN
1001 MARKET ST., BRAZORIA
CLUTE/LAKE JACKSON BRANCH LOCATION: BRAZOSPORT COLLEGE
500 COLLEGE DRIVE, LAKE JACKSON
FREEPORT BRANCH LOCATION:
FREEPORT LIBRARY
410 BRAZOSPORT BLVD., FREEPORT
BRAZORIA COUNTY COURTHOUSE NORTH ANNEX
7313 CORPORATE DR., MANVEL
MANVEL BRANCH LOCATION:
':AST PEARLAND BRANCH LOCATION:
JUSTICE OF THE PEACE, PCT. 3, PL. 2 COURTROOM
3801 E. PEAR, PEARLAND
WEST PEARLAND BRANCH LOCATION:
SWEENY BRANCH LOCATION:
WESTSIDE EVENT CENTER
2150 COUNTRYPLACE PKWY., PEARLAND
SWEENY COMMUNITY CENTER
205 W. ASHLEY WILSON RD., SWEENY
WEST COLUMBIA BRANCH LOCATION:
WEST COLUMBIA CITY HALL
512 E. BRAZOS, WEST COLUMBIA
PERSONAL APPEARANCE TIMES AND DATES FOR ABOVE LOCATIONS:
Monday, October 22 - Friday, October 26 ......................................................8:00 a.m. to 5:00 p.m.
Saturday, October 27....................................................................................1 0:00 a.m. to 3:00 p.m.
Monday, October 29 - Wednesday, October 31 ............................................. 8:00 a.m. to 5:00 p.m.
Thursday, November 1 - Friday, November 2 ................................................ 7:00 a.m. to 7:00 p.m.
EARLY VOTING BY MAIL:
-; .
Applications for voting by mail should be mailed to be received no earlier than Friday, September 7,2007 and
no later than the close of business (5:00 p.m.) on Tuesday, October 30, 2007..
Applications should be mailed to:
JOYCE HUDMAN, COUNTY CLERK
111 E. LOCUST, SUITE 200
ANGLETON, TX 77515-4654
REASONS FOR BEING QUALIFIED TO VOTE BY MAIL ARE:
65 years of age or older;
Confinement in jail;
Disability;
Absence from the county on Election Day and absence during the Early Voting period
JOYCE HUDMAN, COUNTY CLERK