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New Smoking Ordinance goes into effect June 1

by Susan Guthrie - May 28, 2008

There are only three days left for City of Tyler business owners to ensure their places of business are in compliance with the City of Tyler’s new Smoking Ordinance.  The new ordinance, which was passed by the City Council on Feb. 6, goes into effect on June 1.

In an effort to ensure that business owners know how to bring their businesses into compliance, the City has created a website with information about the new ordinance.  The webpage can be found at www.tylersmokingordinance.com.  The web page contains the following information for business owners:

  • A video explaining the new ordinance;
  • A downloadable “frequently asked questions” brochure (in both English and Spanish);
  • A copy of the entire ordinance;
  • Sample signs that can be downloaded and posted in businesses; and,
  • Excerpt 4-43 from the ordinance that must be posted in the business.

For business owners without access to the internet, these materials can be picked up from the Communications Office at City Hall at 212 N. Bonner.  The Smoking Ordinance video can be seen on Suddenlink Channel 3, My Tyler TV.

The City, in partnership with the Public Health District, also will hold the second of two public meetings for business owners to answer questions about complying with the new ordinance.  The meeting will be held May 29 at 3 p.m. at Tyler Junior College West Campus located at 1530 SSW Loop 323, Tyler, TX  75701.  The meeting will be held in the RTDC Building, Room 104.

The City of Tyler has mailed Smoking Ordinance Business Owner Kits to more than 750 businesses in Tyler and sent electronic versions to Chamber of Commerce members who have supplied emails.

To ensure compliance with the ordinance, business owners should take the following steps:

  • Post no smoking signs at each entrance to the establishment (if the words “no smoking” are used, the letters must be 1”; the universal no smoking symbol may also be used);
  • Post section 4-43 in the business in a location that is visible to employees; and
  • Remove ashtrays from inside the establishment.

Under the new ordinance, smoking is not permitted within 20 feet of any door, operational window or ventilation system.  A downloadable outdoor sample sign is available on tylersmokingordinance.com,  however this posting is not required.  It will be unlawful for a person responsible for a public place to allow smoking in the establishment. 

The Tyler City Council voted unanimously to adopt a new smoking ordinance at a Special Called Council Meeting Feb. 6, 2008.  The ordinance did not go into effect immediately to allow time for businesses to prepare. The ordinance calls for stricter smoking regulations that eliminate smoking in public places and places of employment, including restaurants and bars.

The ordinance was presented to the City Council by the Smoking Task Force, appointed by then-Mayor Joey Seeber in Dec. 2007.  The Task Force was charged with making a recommendation to the City Council on potential changes to the current smoking ordinance.  The Task Force, chaired by District 5 Councilmember Nathaniel Moran, was comprised of nine Tylerites that represent health professions, local business owners, restaurant and hospitality services as well as Mayor Pro Tem Chris Simons.  The Task Force considered input from the medical community, the experiences of other municipalities, outcomes detailed in the U.S. Surgeon General’s Report on Second Hand Smoke, as well as public input gathered from a public meeting, letters and emails.

Task Force members included:

·         Nathaniel Moran, Chair, City Councilmember District 5

·         Chris Simons, Mayor Pro Tem

·         Bruce Carter, MD, Diagnostic Radiologist

·         Bobby Curtis, Owner, Tyler Building Systems and Chair of the Planning and Zoning Commission

·         Rick Eltife, Owner, Rick’s and Jake’s Restaurants

·         Jonathan MacClements, MD, Director of Medical Education and the Family Medicine Residency Program, UT Health Center, President, Smith County Medical Society, Health Authority of Smith County

·         Brian McCalla, Sales Manager for the Tyler Residence Inn and Chair of the Tyler Area Chamber of Commerce Convention & Visitors Council

·         Felicity Reedy, President, Genecov Group

·         Robert Westbrook, Owner, CiCi’s Pizza, Former President of the East Texas Restaurant Association and the Smith County Health District

 

 
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