394~ ~.
ORDINANCE NO. 3 9
AN ORDINANCE PROHIBITING SMOKING AND THE CARRYING OF LIGHTED
OBJECTS IN SPECIFIED PLACES IN THE CITY; REQUIRING ENFORCEMENT SY
PERSONS HAVING CONTROL OF PREMISES; AUTHORIZING THE FIRE CHIEF
TO PROHIBIT SMOKING WHERE NECESSARY TO PUBLIC SAFETY; AND PRESCRIB-
ING PENALTIES FOR VIOLATION OF ITS PROVISIONS.
BE IT ORDAINED by the City Council of West Memphis, Arkansas:
Section 1. DEFINITIONS. For the purposes of this ordinance,
the following terms, phrases, words, and their derivations shall have
the meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, words in the
plural number include the singular number, and words in the singular
number include the plural number. The word "shall" is always manda-
tory and not merely directory.
(1) "City" is the City of West Memphis, Arkansas.
(2) "Council" is the Council of the City of West Memphis,
Arkansas.
(3) "Person'.' is any person, firm, partnership, association,
corporation, company or organization of any kind.
Section 2. SMOKING PROHIBITED IN SPECIFIED PLACES. NO~
person shall smoke or carry a lighted cigar, cigarette, pipe or
match, or use any spark, flame or fire-producing device not specifi-
cally authorized for use in such place by the Fire Chief in any of the
following places:
(1) Retail Stores. Retail stores designed and arranged
to accommodate more than two hundred (200) persons, or in which more
than twenty-five persons are employed.
(a) Exception for Approved Areas. The prohibition of (1)
above shall not apply to smoking in rest rooms,
restaurants, executive offices or beauty parlors in
retail stores when specifically approved by the Fire
Chief by written order to the person having control
of the premises upon a finding that such use therein
is not dangerous to life or property.
(2). Elevators. Elevators, regardless of capacity, in any
public place.
(3) Beds in Public Lodging, Houses. In beds in ~a~--iia~p:6l~a1e,
{b) hotels, (c) dormitories, {d) nursing homes, and (e) rooming and
r,,r,.~,~, lodging houses.
{a) Placarding Required. A printed notice advising the
occupant of the effect of sub-section {3) above shall
be posted in a conspicuous place in every sleeping
room of the buildings enumerated in sub-section (3)
above.
{4) Public Theaters. During a performance in public
theaters, motion picture houses, or other auditoria used for such
purposes.
{a) Exception for Approved Areas. The prohibition of
(4) above shall not apply to smoking rooms and areas
and rest rooms when specifically approved by the Fire
Chief by written order to the person having control
of the premises upon a finding that such use therein
is not dangerous to life or property.
(b) Exception for Performers. The prohibition of (4)
above shall not be construed to prohibit smoking
by performers upon the stage as part of any theatrical
production.
(5) Projection Booths. Any projection booth, enclosure
or other room i.n a public place 1n which any motion picture machine
is operated.
(6) Public Conveyances. Street care, buses, trackless
trolleys, or other public conveyances, except taxicabs.
(7) Dance Floors. Dance floor of any cabaret, restaurant,
night-club or other public place offering facilities for dining and
dancing.
Section 3. VIOLATION BY PERSONS HEVING CONTROL. It shall
be unlawfull for any person, or his agent, having control of any
premises or place to knowingly permit any violation of this ordinance.
ya .,
Section 4. AUTHORITY OF FIRE CHIEF. The Fire Chief shall
have the authority to order "SMOKING PROHIBITED BY LAW" signs erected
in any place of public assembly to where, in his opinion, smoking,
or the carrying of any lighted cigar, cigarette, pipe or any use of
any spark, flame or fire-producing device not specifically authorized
for use in such place would constitute a menace to life or property.
Section 5. PLACARDING REQUIRED. Every person, or his
agent, having control of premises upon which smoking or the carrying
of lighted objects is prohibited by or under the authority of this
ordinance, shall conspicuously display upon the premises a sign
"SMOKING PROHIBITED BY LAW".
Section 6. VIOLATION OF SIGN. No person shall smoke in
any properly placarded place, nor shall any person remove any placard
required to be erected by or under the authority of this ordinance.
Section 7. THROWING HOT OR BURNING SUBSTANCES. No person
shall throw hot or burning substances, or objects such as cigars,
cigarettes, paper, matches and ashes through windows and doors of any
building, or public place or from any moving vehicle.
Section 8. PLACING LIGHTED OBJECTS CLOSE TO COMBUSTIBLE
OTTER. No person shall throw or place hot or burning substances,
or objects such as cigars, cigarettes, or the contents of a burning
pipe in, upon, or in close proximity to any public or private premises,
object or structure, or any public street or place, where there is any
material or condition which is combustle, or liable to damage by
heat, fire, or explosion.
Section 9. PENALTIES. Any person, firm or corporation
found violating the provisions of this ordinance shall be fined in
the sum not to exceed Twenty-five Dollars ($25.00) for each violation
thereof. Offenses on separate days shall be deemed to be separate
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offenses for the purposes of this ordinance.
Section 10. SEPARABILITY. In the event that any section,
sub-section or any protion of this ordinance shall be deemed by any
competent Court to be invalid for any reason, such decision shall not
~,.~ be deemed to effect the validity of any other section, sub-section or
other portion of this ordinance.
Section 11. ORDINANCES REPEALED. Any ordinance or part of
any ordinance in conflict herewith is hereby repealed.
Section 12. This ordinance being necessary for the safety
and welfare of the inhabitants of the City of West Memphis, an emer-
gency is declared to exist and this ordinance shall be in full force
and effect from and after its passage.
Passed this „~,~~_ day of ,_ ,_, 1960.
L
APPROVED:
MAYOR
ATTEST
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CITY CLERK