Frequently Asked Questions about the Recently Adopted Smoking Ordinance,
effective 12:01 a.m. Jan. 3, 2007
Q1. Why did the City of Abilene decide to prohibit smoking in public places and in places of employment?
A1. The City Council recognized that secondhand smoke poses a serious public health hazard, that nonsmokers need protection from secondhand smoke exposure and that therefore, regulation by the City Council of the burning of tobacco in public places and places of employment is imperative in order to protect the public health and welfare of the citizens of the City of Abilene. In addition, the City of Abilene held an election on Nov. 7, 2006, to determine whether voters supported such a smoking prohibition. The “no smoking” proposition passed 15,325 in favor of the ban to 7,007 against.
Q2. If I witness a violation of the smoking ordinance, how do I report it?
A2. Call Abilene Police non-emergency dispatch at 325-673-8331.
Q3. If my type of business is not listed in the ordinance, does it apply to me?
A3. Yes, the list of public places in Sec. 10-82 is illustrative and not exhaustive. The ordinance prohibits smoking in all public places and places of employment pursuant to Secs. 10-82, 10-83 and 10-84, unless specifically exempted in Sec. 10-87. Exemptions are very limited and include some hotel rooms, some rooms in nursing homes, private clubs that have no employees, and retail tobacco stores that meet certain requirements.
Q4. If my business is exempt from the ordinance under Sec. 10-87, do I have to allow smoking?
A4. No, any business may make its establishment smoke-free under Sec. 10-87(B).
Q5. What steps should I take as a business to comply with the intent of the ordinance?
A5. Remove all ashtrays and other smoking paraphernalia. (Sec. 10-88(B)).Provide a smoke-free working environment for your employees. (Sec. 10-83(A)). Inform all persons who are violating the provisions of the Smoking Ordinance that your business is a smoke-free establishment. (Sec. 10-90(E)). If the person violating the ordinance does not comply, and remains on the property, report the violation to the Abilene Police non-emergency dispatch number at 325-673-8331 (Sec. 10-90(C)). Post the required signage at all entrances and within the building or other areas where smoking is prohibited. These signs must have either bold lettering of not less than 1 inch in height with the language “No Smoking,” or the international “No Smoking” symbol, a pictorial representation printed in red of a burning cigarette in a circle with a bar across it. (Sec. 10-88(A). Adopt, implement and maintain a written smoking policy with the requirements set forth in the Smoking Ordinance. (Sec. 10-83(B)). Communicate your written smoking policy to all employees. (Sec. 10-83(C)). Provide a copy of your written smoking policy upon request to any existing or prospective employee. (Sec. 10-83(D))
Q6. What steps should I take to deal with someone who is smoking at my business?
A6: Inform the violator that yours is a smoke-free establishment as required by City Ordinance and ask them to extinguish their smoking materials or, if smoking outside your business, move 20 feet from any entrance, operable window or ventilation system.
If the person refuses to comply with your instructions, notify Abilene Police non-emergency dispatch at 673-8331.
Q7. If I do not post the required signage or adopt a written policy at my business by Feb. 1, 2007, what will happen?
A7. You may be issued a citation for violating the smoking ordinance and punished by a fine up to $500 under Secs. 10-83, 10-88 and 10-92.
Q8. Must I have all of the required signage in place before I am allowed to open as a new business?
A8. The signage requirements of Sec. 10-88 must be met by 12:01 a. m., Feb. 1, 2007, four weeks from the Jan. 3 effective date of the ordinance. Therefore, as of 12:01 a. m., Feb. 1, 2007, signage must be in place prior to the issuance of a Certificate of Occupancy that allows a business to open.
Q9. If I allow my employee or customer to smoke in my business in violation of this ordinance, who could be issued a citation?
A9. You, and the employee or customer who violates the ordinance, may be issued a citation under Sec. 10-92 of the smoking ordinance and punished by a fine up to $500.
Q10. Does the 20-foot distance requirement apply only to public entrances?
A10. No, under Sec. 10-85 the reasonable distance requirement is applicable to all entrances, public or not, operable windows, and ventilation systems.
Q11. If my business has a separately ventilated, fully-enclosed break room for my smoking employees, may I allow my employees to still smoke inside my business?
A11. No, under Sec. 10-87 there is no exemption for ventilated, fully-enclosed employee break rooms in enclosed places of employment.
Q12. If my business has an outdoor dining area for our smoking guests, may I allow smoking in that outdoor place of employment?
A12. No, unless you follow the requirements of Sec. 10-87(B) which requires a minimum distance of 20 feet from all entrances, operable windows and ventilation systems.
Q13. The ordinance states that 20 feet is a reasonable distance. Can I require no smoking within 50 feet of entrances at my business?
A13. Yes, the 20-feet requirement under Sec. 10-85 is a minimum standard and any business may decide that a greater distance is a reasonable distance.
Q14. Can I construct an addition/smoking porch or similar facility, or wall off a special room to accommodate my smoking customers?
A14. Contact the City of Abilene’s Building Inspection Division at 325-676-6232 to see if your construction plans will comply with existing building code ordinances, as well as with the smoking ordinance.
Q15. If I am a member of a private club, may I smoke at that club facility or meeting?
A15. A person that is a member of a private club may smoke at that private club if the private club has no employees, is established as a nonprofit entity, is not hosting a function open to the general public and does not prohibit smoking.
Q16. Is smoking allowed at the drag strip or race track?
A16. No, smoking is prohibited at public outdoor events, including seating areas used by spectators, under Sec. 10-84.
Q17. Since smoking is not allowed in City parks, may I still smoke in my car while at the park?
A17. Yes, so long as the smoke from your vehicle does not infiltrate areas where smoking is prohibited.
Q18. Can residents smoke on their balconies at apartment complexes?
A18. Yes, under Sec. 10-87(A)(1), unless prohibited by the apartment complex or if the subject residence is used as a child care, adult day care or health care facility.
Q19.Can residents of an apartment complex smoke at the complex’s pool area, laundry area or office?
A19. Smoking is prohibited in all enclosed public places (laundry) and places of employment (office) and at least 20 feet from all entrances, operable windows and ventilation systems (this could encompass some or all of the pool area) under Secs. 10-82, 10-83 and 10-85.
Q20 . If I rent a building or facility on the Taylor County Expo Center grounds for a private party, may I and my guests smoke there?
A20. Yes, if there are no employees present and the Taylor County Expo Center allows it.
For more information on the effects of smoking and secondhand smoke, as well as information on smoking cessation programs, contact the Abilene-Taylor County Public Health District, 850 North 6th Street, 325-692-5600.