Ord. 0534 05-11-87ORDINANCE NO. 534
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, PROHIBITING THE SMOKING OF CIGARETTES, CIGARS AND
OTHER TOBACCO PRODUCTS IN THE CITY HALL COUNCIL CHAMBERS;
CALLING FOR THE POSTING OF SIGNS; PROVIDING A PENALTY FOR
VIOLATION; HAVING A SAVINGS CLAUSE; HAVING A REPEALER
CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN
EFFECTIVE DATE.
WHEREAS, the Surgeon General of the United States and the
medical community in general recognize that the smoking of tobacco
products in public places constitutes a serious health risk to the
non-smokers in such places as well as those who choose to smoke; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. It shall be unlawful for any person at any time to
ignite or to smoke any cigarette, cigar or other tobacco product in
the City Hall Council Chambers of the City of Pearland, Texas, or to
possess a lighted cigarette, cigar or other tobacco product therein.
Section 2. The City Manager or his designee shall post not less
than one sign in the City Hall Council Chambers which shall fairly
give notice upon its face that smoking is prohibited..
Section 3. Any person who shall violate the provisions of this
Ordinance shall be deemed guilty of a misdemeanor and shall, upon
conviction by a.court of competent jurisdiction, be punished by a fine
of not less than one dollar ($1.00) nor more than two hundred dollars
($200.00).
Section 4. If any section, subsection, sentence, clause, phrase
or portion of this .Ordinance is for any reason held invalid,
unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such part shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity
of the remaining portions thereof.
Section 5. All Ordinances in conflict herewith are hereby
repealed, but only to the extent of such conflict.
Section 6. It is the intent. of the City Council of the City of
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Pearland, Texas, that the provisions of this Ordinance shall be
codified within Chapter 20 (Offenses, Miscellaneous Provisions) of the
City Code of Ordinances.
Section 7. The City Secretary shall cause this Ordinance,.or
its caption and penalty, to be published in the official newspaper of
the City at. least once within ten (10) days after its passage on
second and final reading. This Ordinance shall thereafter become
effective ten (10) days from and after its publication, or the
publication of its caption and penalty, in the official City
newspaper. �!
PASSED AND APPROVED ON FIRST READING this the / \c2- I day
of , A. D., 1987.
Mayor
ATTEST:
City Slecretary
PASSED AND APPROVED ON SECOND AND FINAL
ATTEST:
City etary
�J
APPROVED AS TO FORM:
, A. D., 1987.
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Mayor
READING this the //
VOTING RECORD
Voting "Aye"
Tetens and
Voting "No"
Motion passed
(FIRST READING) APRIL 27, 1987
- Councilmembers Roberts, Bost,
Mack.
- None
4 to 0. Councilmember Frauenber.
abstained.
VOTING RECORD (SECOND READING) MAY 11, 1987
Voting "Aye" - Councilmembers Mack, Tetens, an
Roberts.
Voting "No" - None
Motion passed 3 to 0.
PUBLICATION DATE: MAY 15, 1987
EFFECTIVE DATE: MAY 25, 1987
PUBLISHED AS REQUiRED BY SECTION 3.10
OF THE CHARTER OF THE CITY OF PEARLAN
TEXAS.