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Chapter 8.37

SMOKING IN INDOOR PLACES OF EMPLOYMENT AND PUBLIC PLACES

8.37.010 Findings and Purpose

8.37.020 Definitions

The following words and phrases, whenever used in this health ordinance, shall be construed as defined in this section:

8.37.030 Prohibition of Smoking in Indoor Public Places and Places of Employment

Smoking shall be prohibited in all indoor public places and places of employment within the area of application of this ordinance except as exempted in 8.37.040.

8.37.040 Exemptions to Smoking Prohibitions of 8.37.030

8.37.050 New Construction and Change of Use

Indoor public places and places of employment newly constructed or established as a result of a change of use of property after the earliest effective date of this ordinance shall provide separate ventilation for non-smoking and exempted smoking areas if the employer chooses to allow smoking. Separately ventilated smoking areas must be constructed and ventilated in a manner approved by the City Building Inspector or the Missoula City-County Health Department as defined in 8.37.020(G).

8.37.060 Ashtrays

All ashtrays shall be removed from within any area where smoking is prohibited by this ordinance.

Ashtrays may be placed immediately outside of areas where smoking is prohibited.

8.37.070 Notification

8.37.080 Enforcement

8.37.090 Appeals

Persons who are adversely affected by an administrative order arising from this ordinance may initiate judicial review.

8.37.100 Nonretaliation

No person or employer shall discharge, refuse to hire, or in any manner retaliate or discriminate against any employee, applicant for employment, or customer because such person exercises any constitutional right to a clean and healthful environment afforded by this ordinance. Any such discrimination shall be cause for private civil action against the offending party or parties.

8.37.110 Violations and Penaltie

8.37.120 Public Education

8.37.130 Other Applicable Laws

This ordinance shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

8.37.140 Area of Application and Effective Date

This ordinance shall be in effect in restaurants that do not have a liquor license within one-hundred eighty (180) days (December 14, 1999); and in all other enclosed public places and places of employment within ninety (90) days (September 15, 1999) from and after its adoption by the City Council and approval by the City-County Board of Health and County Commissioners as provided for in MCA 7-4-4306. (approved June 17, 1999)

Repealer:

Passage of this ordinance shall cause the immediate repeal of Chapter 8.36, Smoking In Elevators, Missoula Municipal Code.

Severability:

If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect.


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