HomeMy WebLinkAboutOrdinance No. 87-01 ORDINANCE N0. 87-1
AN ORDINANCE PROVIDING IT UNLAWFUL FOR ANY
PF.RSON TO BE IN POSSESSION OF A BURNING
TOBACCO PRODUCT OR TO BE SriOKING TOBACCO IN
A FACILITY OF THE CITY OF FRIENDSWOOD,
TEXAS , EXCEPT IN AREAS SPECIFICALLY
DESIGNATED FOR SUCH PURPOSE; PROVIDING FOR
SEVER.ABILITY; AND PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $200.00 FOR VIOLATION
OF ANY PROVISION HEREOF.
� � � � �
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS.
Section l . It shall be unlawful for any person to be in
possession of a burning tobacco product , or to smoke tobacco,
in a building owned or leased by the City of Friendswood,
Texas , within the corporate boundaries of such City.
Section 2. It is a defense to prosecution hereunder that
the building in which the offense takes place does not have
pr_ominently displayed therein a reasonably sized notice that
smoking is prohibited by city ordinance in such building and
that an offense is punishable by a fine not to exceed $200.00.
Section 3. It is a defense to prosecution hereunder that
the building in which the offense takes place is not equipped
with facilities for extinguishment of smoking materials in a
readily accessible location.
Section 4. It is an exception to this Ordinance i.f the
person in possession of the burning tobacco product or smoking
the tobacco product does so exclusively wi_thi_n an area designed
for smoking tobacco.
Section 5. In the event any section, paragraph,
subdivi.sion, clause, phrase, provision, sentence, or part of
this Ordinance or thQ application of the same to any person or
circumstance shall for any reason be adjudged inval.id or held
unconstitutional by a court of competent jurisdiction, it shall
not affect , impair, or invalidate this Ordinance as a whole or
any part or provision hereof other than the part declared to be
invalid or unconstitutional ; and the Ci.ty Council of the City
of Friendswood, Texas , decl3res that it would have passed each
and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstituti.onal , or
whether there be one or more parts .
Section 6. Any person who shall violate any provision of
this Ordinance shall be deemed gui.lty of a misdemeanor and upon
conviction, shall be fined in an amount not to exceed $200.00.
PASSED and APPROVED on first readin� this 2nd day
of February , 1987 .
PASSED and APPROVED on second reading thisl6th day
of February , 1987.
PASSED, APPROVED, and ADOPTED on third and final reading
this 2nd day of March , 1987 .
( `�,____� ������
� �
Mayor
ATTEST:
C
City Secretary