BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

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1 BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NO. 225 AN ORDINANCE RE: SMOKING IN PUBLIC PLACES; PROVIDING FOR DEFINITIONS; PROVIDING FOR AREAS EXCLUDED FROM PROHIBITION; PROVIDING FOR EXCEPTIONS; PROVIDING FOR POSTING OF SIGNS; PROVIDING FOR PROHIBITION OF ASH DEPOSITORIES; PROVIDING FOR PENALTIES, APPLICABILITY, SEVERABILITY; AN EFFECTIVE DATE; PROVIDING FOR CONFLICTING PROVISIONS; FILING WITH THE DEPARTMENT OF STATE AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of Martin County, Florida is authorized pursuant to Section 1 and 6, Article VII, Constitution of the State of Florida, and Chapter 125, Florida Statutes, to adopt ordinances, and WHEREAS, this Board has determined that it is necessary to make the public aware of where smoking is permitted as well as prohibited within public places in Martin County. NOW, THEREFORE, be it ordained by the Board of County Commissioners of Martin County, Florida, that: PART ONE: ADOPTION OF COUNTY CLEAN AIR ORDINANCE. The following shall be added to the Martin County Code of Laws and Ordinances: Section Definitions. As used in this article: Public place means any place where members of the public are invited or are entitled or required to be, other than a private dwelling. This definition includes, but is not limited to, all business, social, cultural, and governmental establishments and places of employment within the county. Excluded from this definition ar,e open-air facilities, such as patios, decks, docks, areas with at least one vertical or horizontal boundary open, and similar areas. Smoking means the carrying of or active use of ignited c'idarettes or cigars, or pipes or other devices for oral use, containing a tobacco product or other substance. Section Prohibition. No person shall smoke in a public place except in designated smoking areas.

2 No proprietor or other person in charge of a public place where smoking is prohibited may display'or allow to be displayed ashtrays, ashstands, or other type of ash receptacles. intended for use as a depository for ash by-products of cigarettes, cigars, pipes, or other smoking material except in designated smoking areas.# I Section Areas Excluded from Prohibition. This article shall not apply to corridors, lobbies or restrooms of public places. Section Exceptions. The owner, management, or governing body of any public place as defined herein may elect to exclude from any smoking prohibition under this article all or any portion of the affected premises owned, managed, or governed by it, by posting signs as required in Section hereof. In exercising or not exercising such election, such owner, management, or governing body shall consider the individual characteristics of the building or room, such as size, ventilation, use, and other criteria relating to public health, safety, and comfort. Regardless of the exercise or nori'-exercise of such election, the following shall apply in every instance: a. Separate smoking and non-smoking areas shall be designated in conference rooms and auditoriums. b. Smoking in medical and health care facilities shall be restricted to staff lounges, private off ices, and specially designated. Section Posting of signs. The owner, management, or governing body of any public place to whic,h this article applies shall post in a conspicuous location at the entrance to each place where smoking is prohibited a sign stating "NO SMOKING - MARTIN COUNTY ORDINANCE NO. ", i n letters at least one (1) inch high, and the interntional symbol for s,.. nd- smoking shall be included on the sign. Signs shall also be posted indicating where smoking is permitted. Such signs shall state "SMOKING PERMITTED - MARTIN COUNTY ORDINANCE NO. " in letters at least one (1) inch high. Alternatively, a sign may be

3 posted "NO SMOKING EXCEPT IN DESIGNATED AREAS - MARTIN COUNTY ORDINANCE NO. " in letters at least one (1) inch high.. Section Penalty. This ordinance shall be enforceable by enforcement officers, including the County Environmental Control Officers, the * ' Sheriff and sanitarians of the Martin County Health Department in accordance with the provisions of Chapter , Laws of Florida, as may be from time to time amended, and Chapter 12, Martin County Code of Laws and Ordinances, as may be from time to time amended, and other applicable laws. Section Application of Ordinance. This ordinance shall apply in all areas of Martin County to the extent permitted under the Florida Constitution. PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida Legislature applicable only to unincorporated areas of Martin County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PA~T THREE: SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART FOUR: FILING WITH DEPARTMENT OF STATE. ThetClerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida PART FIVE: 3.. FILING WITH DEPARTMENT OF ENVIRONMENTAL REGULATION. In order to comply with Section , FLORIDA STATUTES, the County Attorney shall send a certified copy of this ordinance to the Bureau of Water Resources Management, Department of Environmental Regulation, Twin Towers Off ice Building, 2600 Blair Stone Road, Tallahassee, Florida,

4 C -I *' s 1.. PART SIX: FILING WITH DEPARTMENT OF COMMUNITY AFFAIRS. ', a* a* ' The County Attorney shall send a certified copy of this ordinance to the Department of Community Affairs, Executive Center Circle, East, Tallahassee, Florida, PART SEVEN: EFFECTIVE DATE. I This ordinance shall take effect upon receipt of official acknowledgment from the Off ice of Secretary of State that this ordinance has been filed in that office. PART EIGHT: CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section," or other word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts two to eight shall not be codified. DULY PASSED AND ADOPTED THIS Gth day of December ATTEST : BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY. FLORIDA ALEX L. HAYNESt I CHAIRMAN APPROVED AS TO FORM AND STATE OF FLORIDA t

5 January 4, 1984 FLORIDA DEPWTMENT OFSTME George Firestone Secretary of State Honorable Louise V. Isaacs Clerk of Circuit Court Drawer 779 Stuart, Florida Dear Ms. Isaacs: Pursuant to the provisions of Section , Florida Statutes, this will acknowledge: 1. Receipt of your letter/s'of and certified copy/ies of County Ordinance/s No./s Mart in 2. Receipt of Martin County Ordinanceis relative to: (a) numbered 225 which we have numbered (b) which we have numbered 3. We have filed this/these Ordinance/s in this office on January 4, 1984 XhQQk?k 4. The original/duplicate copy/ies showing the filing date is/are being returned for your records. Cordially,. (Mrs. y ~ ancy ~avanaugh Chief, Bureau of Laws FUIRIDA-State of the Arts

6 a 1 -, 5v --J* 8 C, The tuart News P.O. BOX 2870, STUART, FUlRIDA EsroMished LW the Stuart T im, April STUART MARTIN COUNTY FLORIDA STATE OF FLORIDA COUNTY OF MARTIN Before the undersi@ed authority appeared Dennis Hamon whoonosthsaysthatheis of The Stuart News, a daily newspaper nublished at Stuart in Martin Caunty. Fbrida, that the attached q r- -- Notice of Intent y of advwnt. b e a ~ inthe mtbrof Clean Air Ordinance in the the ieeuee of November 13, 1983 Court, was pumiehed in mid newspaper in Affiant further eaye that the said The Stuart Newa is a newepa r published at Stmrt, in Martin County. Pbrida and that the maid newa per has hnrtofon k n rntindy publvm.ln mid Martin k n t. Florida, each week and haa &n entered r d.r matter p t offwe in Stuart in said &unty. Fbrida. for a riod of om next p w tbe firat pubhtrqn of the attached copy of advertieement; and afent further uye that he hu ather nor prnvd any pepon, f i i or coytion any discount. fib.&, cotnmhion or refund for c pu- of mri~ thr advertiesment or publication in the mid newspm if NOTARY PUBLIC SiArE OF FLORIDA' MY COMMISSION EFSIRES NOV il 1986 ~~ 3twr GEPIIEBAL UND