Bill No. _ _ _
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_ _ _ __
Concerning: Health and Sanitation ­
Smoking - County Property
Revised:
2/12/2013
Draft No. _3_
Introduced:
November
27.2012
Enacted:
February
12. 2013
Executive:
February
25. 2013
Effective:
May
27.2013
Sunset Date: -!.,!N!:!!on,:.:=e<-:-_ _ _--:-:-:--_
Ch.
_5_,
Laws of Mont. Co.
2013
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmembers Floreen, Navarro, Rice, Riemer, Leventhal, EIrich, and Andrews
AN
ACT to:
(1)
(2)
prohibit smoking on property owned or leased by the County; and
generally amend County law on smoking.
By amending
Montgomery County Code
Chapter 24, Health and Sanitation
Section 24-9
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
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Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 33-12
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Sec.
1.
Section 24-9 is amended as follows
24-9. Smoking
in public
places.
(a)
Definitions.
In
this Section, the following words and phrases have the
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meanings indicated:
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Bus stop
means a location that has been designated by a pole and
appropriate signage as a place where passengers board or alight a bus.
Bus
stop area
means a
rectangularJl.rt!'!~!ll!()unding
a bus stop pole
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which extends 25 feet along the curb on each side of the pole and 15
feet from the curb.
[[(1)]]
Eating and drinking
establishment[[:
An]]
means
an
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establishment regulated under Chapter 15.
[[(2)]] Enclosed[[:
Separated]]
~~~~~
by walls that extend
from floor to ceiling and under a roof.
[[(3)]] Health care facility[[:
Any]]
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office or institution
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where individual care or treatment of physical, mental, or
emotional illness, or any other medical, physiological, or
psychological condition is provided. Health care facility includes
any hospital, clinic, nursing home for the aging or chronically
ill,
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BILL
No. 33-12
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laboratory, or office of any physician, dentist, psychologist,
psychiatrist, physiologist, podiatrist, optometrist or optician.
[[(4)]] Person[[: Any]] means any individual, firm, partnership,
association, corporation, company, or organization of any kind.
[[(5)]] Public place[[: An]] means an enclosed area in which members
ofthe public are normally invited or permitted.
[[(6)]] Public meeting[[: Any]] means any meeting wherever held, open
to the public with no membership requirement.
[[(7)]] Rail transit station[[: An]] means an area that:
[[(A)]]
ill
Includes the fare-paid and roofed areas;
[[(B)]]
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ill
is a regular stopping place for the pickup and
discharge of passengers in regular route service, contract
service, or special or community type service; and
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[[(C)]]
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Is owned, operated, or controlled by the Washington
Metropolitan Area Transit Authority.
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[[(8)]] Retail store[[: Any]] means any establishment whose primary
purpose is to sell merchandise or food for consumption off the
premises, directly to consumers.
[[(9)]] Smoking[[: The]] means the act of lighting, smoking, or carrying
a lighted or smoldering cigar, cigarette, or pipe, of any kind.
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BILL
No. 33-12
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[[(10)]]
Tobacco shop[[: Any]] means any store that primarily sells
tobacco, tobacco products and pipes or other implements used to
smoke tobacco. "Tobacco shop" does not include an area of a
larger store in which tobacco is sold.
[[(11)]] Workplace[[: An]] means an enclosed area or any part of an
enclosed area used in the performance of employment or related
activities. Workplace includes a motor vehicle owned or leased
by the employer, conference room, auditorium, library, office
machine station, lunchroom, vending area, locker room, lounge,
hallway, or stairwell.
(b)
Smoking prohibited in certain public places.
A person must not smoke
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moron any:
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(9)
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Restroom, except a restroom in a private residence; [or]
(10) Enclosed auditorium, concert or lecture hall[.]; or
aD
property that is owned or leased
Qy
the County, [[except]]
including a bus shelter or bus stoPm?I'ea. but excluding any other
part of
!!
County right-of-way.
(c)
Exceptions.
Smoking is not prohibited by this Section:
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BILL
No. 33-12
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(5)
(6)
In up to 40% of the sleeping rooms in a hotel or motel; [[and]]
In up to 40% of the premises of a fraternal, religious, patriotic, or
charitable organization or corporation or fire company or rescue
squad during an event that the organization or corporation holds
on its own property and which is open to the
public[[.]]~
(7)
In the bar and dining area of an eating and drinking establishment
that:
(A)
(B)
is a club as defined in the state alcoholic beverages law:
has an alcoholic beverages license issued to private clubs
under the state alcoholic beverages law; and
(C)
allows consumption of alcoholic beverages on
premises[[.
]]~
its
LID
In any occupied residential unit owned or leased by the County
for as long as the occupant on May 27,2013 retains possession of
the unit;
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On a golf course; and
LlQ)
In an area designated by the Director of the Department of Health
and Human Services under subsection (d).
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Notwithstanding paragraph (b)(1l), the Director of the Department of
Health and Human services may designate an outside area on property
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BILL
No.
33-12
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that is owned or leased by the County where smoking is allowed if the
Director finds that a complete prohibition on that property would
impede a program's mission or effective delivery of services.
[[(d)))
~
(1)
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Posting signs.
[[Signs]] Except as provided in paragraph (eX'!),
Slgn~
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prohibiting or permitting smoking, as the case may be, must be
posted conspicuously at each entrance to a public place covered
by this Section.
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The Director of Health and Human Services may Waive the
requirement of paragraph (e)(l) on County property, or
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a
sign to be posted in another location. if the Director finds. after
consulting with the Director of General Services, that posting a
sign at an entrance is not feasible.
[[(e)))
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[[(f)]]
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[[(g)]]
(hl
[[(h)]]
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[[(i)))
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BILL
No. 33-12
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Approved:
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Nant~ountyCounCi1
Approved:
r~/3J..2013
Date
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Isllih
Leggett, County
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This is a correct copy ofCouncil action.
Date
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Linda M. Lauer, Clerk ofthe Council
Date
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