Tobacco Use on County Property Ordinance

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AN ORDINANCE OF RANKIN COUNTY, MISSISSIPPI,
PROHIBITING TOBACCO USE IN BUILDINGS OWNED BY OR LEASED
TO RANKIN COUNTY. MISSISSIPPI, AND
PUBLIC TRANSPORTATION VEHICLES OWNED BY OR LEASED
TO RANKIN COUNTY, MISSISSIPPI

 

BE IT ORDAINED THAT THE RANKIN COUNTY BOARD OF SUPERVISORS hereby adopts an ordinance regulating smoking in buildings owned by or leased to Rankin County, Mississippi, and Public Transportation Vehicles owned by or leased to Rankin County, Mississippi, as follows:

WHEREAS, tobacco use is documented to be a preventable cause of premature death in Rankin County, Mississippi; and

WHEREAS, second-hand smoke has been proven to be an increased risk of various health conditions that are detrimental to the health, welfare and safety of the citizens of Rankin County, Mississippi; and

WHEREAS, the 2006 Surgeon General's Report on the health consequences of voluntary exposure to tobacco smoke reports scientific evidence that there is no acceptable level of exposure to second-hand smoke. Further, the 2006 Surgeon General's Report documents that even the acts of separating smokers from non-smokers, cleaning the air, and ventilating smoke, cannot eliminate the exposure to second-hand smoke; and

WHEREAS, the United States Center for Disease Control advises that all individuals with coronary heart disease or known risk factors for coronary heart disease should avoid all indoor environments that permit smoking; and

WHEREAS, the exposure to second-hand smoke results in health conditions which are costly estimated to result in direct medical care costs of Five-Billion Dollars ($5,000,000,000) annually on a nationwide basis, as well as an estimated Five-Billion Dollars ($5,000,000,000) in in-direct economic impacts, such as absence from work and lost productivity, according to the 2005 Report of the Society of Actuaries; and

WHEREAS, the 2006 Surgeon General's Report documents that the complete elimination of indoor smoking fully protects non-smokers from exposure to second-hand smoke in a given environment; and

WHEREAS, Rankin County, Mississippi, recognizes the health risks of tobacco use and second-hand smoke for non-smokers. Rankin County, Mississippi, desires to minimize the harmful effects of tobacco use among County employees and to eliminate second-hand smoke exposure for County employees and members of the public who use or occupy buildings owned by or leased to Rankin County, Mississippi, and public transportation vehicles owned by or leased to Rankin County, Mississippi;

NOW, THEREFORE, BE IT ORDAINED by the Rankin County Board of Supervisors:

1. AUTHORIZATION:  This Ordinance is enacted pursuant to Mississippi Code Annotated § 19-3-41 (1972), as Amended, as an exercise of the authority of the Rankin County Board of Supervisors to regulate the use of the real and personal property owned by or leased to Rankin County, Mississippi, and also as an exercise of the police power of Rankin County, Mississippi, to protect, promote and preserve the public health, welfare and safety of:
1. Citizens who use County owned buildings;
2. Citizens who use buildings leased by Rankin County, Mississippi, as lessee and occupied by Rankin County, Mississippi;
3. Citizens who use County owned or leased public transportation vehicles;
4. County employees who work in County owned or County leased buildings; and
5. County employees who use County owned or County leased public transportation vehicles used by the public.
2. DEFINITIONS:   As used throughout this Ordinance, the following definitions apply:
1. Grounds:   The area comprising 25 linear feet beyond the entrance of any building owned by or leased to Rankin County, Mississippi.
2. Tobacco Products:      Any product that contains tobacco and is intended for human consumption.
3. PROHIBITED ACTIONS:   Use of tobacco products is prohibited in each of the following:
1. Buildings that are owned by Rankin County, Mississippi;
2. Buildings that are leased to Rankin County, Mississippi;
3. Buildings or Grounds that are leased by Rankin County, Mississippi, and occupied by Rankin County, Mississippi;
4. Public transportation vehicles owned by or leased by Rankin County, Mississippi, and used by the public; and
5. The Grounds of any building owned by or leased by Rankin County, Mississippi.
4. SIGNAGE:
1. The County Administrator shall direct the person or persons charged with the responsibility of maintaining buildings owned by or leased by Rankin County, Mississippi, and identified in Section 3 hereof to post signs at all entrances and exits to say structures providing notification of the prohibition of tobacco use indicated hereby. At the discretion of County Administrator, notification signs may be posted to other areas of any buildings such as bathroom facilities.
2. Persons in charge of vehicles identified in Section 3 hereof shall cause the posting of signs in said vehicles indicating the prohibition of this Ordinance. Signs so placed within said vehicles should not interfere with the safe operation of the vehicle.
3. Signs required by sub-sections A and B of this Section 4 must use clear and unambiguous language to convey the prohibition of this Ordinance. Signs may include language such as "TOBACCO USE PROHIBITED IN THIS BUILDING," "TOBACCO USE NOT PERMITTED IN THIS VEHICLE."
4. The County Administrator or his designee shall cause the removal of all publicly available ashtrays from all County owned or county leased buildings or Grounds.
5. TOBACCO USE PERMITTED OUTSIDE BUILDINGS AND GROUNDS:  Use of
   tobacco products is permitted outside the buildings and Grounds identified in Section 3 hereof.
6. ENFORCEMENT AND PENALTIES:
1. Employees: Employees who violate this Ordinance shall be subject to sanctions and penalties consistent with existing regulations governing the conduct of county employees.
2. Persons found to be in violation of this Ordinance shall be given one (1) verbal warning to refrain from using tobacco products. If, after having been asked to stop using a tobacco product, the individual continues to use the tobacco product in violation of this Ordinance, he or she shall be found in violation of this Ordinance and shall be guilty of a misdemeanor offense and, upon conviction, shall be punished by a fine not to exceed Five-Hundred Dollars ($500.00).
7. EFFECTIVE DATE: This Ordinance shall become effective thirty (30) days following its passage.

 

ADOPTED as an official ordinance of the Rankin County Board of Supervisors, this the ______ day of ____________________, 20____.

 

                                                            RANKIN COUNTY BOARD OF SUPERVISORS

 

                                                            BY:     ___________________________________
JAY BISHOP
ITS:     PRESIDENT

 

ATTEST:

 

___________________________________
CLERK

 

 

CLERK’S CERTIFICATE

The  above  and  foregoing  Ordinance  was  adopted  upon  the  Motion  of  Supervisor ___________________________________, said Motion was seconded by Supervisor ___________________________________, with the following Supervisors voting in favor of the Motion:
_____________________________________________________________________________.
The following Supervisors voted in opposition to the Motion:
_____________________________________________________________________________.
WITNESS my signature this the ______ day of _______________________________, 20_____.

 

                                                                        __________________________________________
CLERK