O-1069-1-92ORDINANCE NO. 1069-1-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
PROHIBITING THE SMOKING OF CIGARETTES, CIGARS, OR OTHER
TOBACCO OR WEED PRODUCTS IN ALL MUNICIPAL BUILDINGS;
PROVIDING RULES AND REGULATIONS; PROVIDING FOR
ENFORCEMENT; PROVIDING A PENALTY OF TWO HUNDRED DOLLARS
FOR FAILURE TO COMPLY WITH SAID ORDINANCE; PROVIDING FOR A
CONFLICT AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the smoking of tobacco products or weeds, including but not limited to,
cigarettes, cigars, and pipes, increases the health risks of City employees and
customers; and
WHEREAS, a smoke-free environment enhances and promotes the health, safety, and
welfare of City employees and customers; and
WHEREAS, in order to protect the health and welfare of those employees and customers,
the City Council finds it necessary to restrict smoking on City properties; and
WHEREAS, the City Council urges all Allen employers, merchants, food service
operators and others who operate establishments with public service areas to protect
the health of their employees and customers by restricting smoking in said areas; and
WHEREAS, the citizens and employees of the City of Allen have demonstrated a desire
to comply voluntarily with city ordinances which protect public health and welfare; and
WHEREAS, such enforcement would be effective without substantial additional cost to
the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: The Code of Ordinances of the City of Allen, Texas, as amended, is
hereby amended by adding a new section, entitled "Smoke -Free Environment," to
Article VI, comprising Sections 2 through 6 of this Ordinance.
SECTION 2: A person commits an offense if he or she smokes or possesses a burning
tobacco, weed, or other plant product in any building or enclosed public area that is
owned or operated by the City of Allen.
SECTION 3: The City of Allen shall post conspicuous signs at the main entrances of
said facilities that read "No Smoking, City of Allen Ordinance No. 1069 ".
SECTION 4: The City of Allen shall provide facilities for the extinguishment of smoking
materials within 20 feet of the entrance to said public facilities.
SECTION 5: The Allen Police Department shall have enforcement responsibility of this
Ordinance.
SECTION 6: Any person who violates any provision of this Ordinance shall be deemed
guilty of a misdemeanor and, upon conviction thereof in the Municipal Court, shall be
subject to a fine of not more than TWO HUNDRED DOLLARS ($200) for each offense.
SECTION 7: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable,
and if any section, paragraph, sentence, clause or phrase of this Ordinance shall be
declared unconstitutional or invalid by any judgement or decree of a Court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining
section, paragraph, sentence, clause or phrase of this Ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
SECTIONS: This Ordinance shall be become effective on March 1, 1992, pending
publication as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 16th DAY OF January , 1992.
APPROVED:
Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
A. o wder, CIT ORNEY Juft Mo on, CITY SECRETARY
Ordinance No. 1069-1-92 Page 2
424 Legal Notices
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
January 16, 1992 (Title and Penalty
Clause only):
Ordinance No. 1069-1-92: An Ordinance
of the City of Allen, Collin County, Texas,
Prohibiting the Smoking of Cigarettes, Ci-
gars, or Other Tobacco or Weed Products
in All Municipal Building; Providing Rules
and Regulations; Providing for Enforce-
ment; Providing a Penalty of Two Hundred
Dollars for Failure to Comply with Said Or-
dinance; Providing for a Conflict and
Severability Clause; and Providing That
any person who violates any provision of
this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof
in the Municipal Court, shall be subject to a
fine of not more than Two Hundred Dollars
($200.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
January 16, 1992 (Title and Penalty
Clause only):
Ordinance No. 1069-1-92: An Ordinance
of the City of Allen, Collin County, Texas,
Prohibiting the Smoking of Cigarettes, Ci-
gars, or Other Tobacco or Weed Products
in All Municipal Building; Providing Rules
and Regulations; Providing for Enforce-
ment; Providing a Penalty of Two Hundred
Dollars for Failure to Comply with Said Or-
dinance; Providing for a Conflict and
Severability Clause; and Providing That
any person who violates any provision of
this Ordinance shall be deemed guilty of a
misdemeanor and, upon conviction thereof
in the Municipal Court, shall be subject to a
fine of not more than Two Hundred Dollars
($200.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper
published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a
general circulation in said county, and having been published regularly and continously
for more than twelve (12) months prior to publishing
_Ordinance_ #1069-1=92
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday January 22, 1992 & Sunday January 26, 1992
and which was issued on January 22, 1992 ---_ —,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
_,� i LG �
SUBSCRIBED AND SWORN to before me this �3 day of `):�L�,A.D. 19 9'-2
Q.�
TODD
' MY CUMMI6StON EXPIRES
Demmbw 5,1092
PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 3 1 . 50____ _