The City of Guthrie is joining the list of cities and schools that will restrict tobacco and e-cigarette products. The restriction will be for all city owned and operated properties, including parks, lakes and little league sports fields.
City Council voted unanimously (5-0) to approve the ordinance (No. 3252).
The Guthrie Park Board first heard the proposal and submitted it to the city council for their final vote.
The Park Board says they saw the action as a benefit for the youth of Guthrie
as a deterrent from smoking and a way of keeping harmful cigarette waste away from children, pets and the environment.
With the ordinance in place, the City of Guthrie has a higher eligibility for grants.
State Bill 501 took effect in Nov. 2013 allows cities, towns and counties to enact laws that restrict smoking in municipality or county owned or operated property. More than 30 cities in Oklahoma have already passed a similar ordinance.
The use of tobacco products and vaping devices are banned from city owned and/or operated properties. This includes, city buildings, police department, city owned vehicles, cemetery, ball fields, airport hangar, Liberty and Guthrie Lake, outdoor recreational areas and swimming pool.
Exempted are streets and sidewalks, on a personal water craft or personal automobile.
Violators could face up to a $200 fine and court costs.
Portion of the Ordinance No. 3252:
Section 11-102. Prohibition of Tobacco Products and Electronic Smoking Devices in Certain Places Prohibited.
(a) The possession of lighted tobacco in any form is a public nuisance and dangerous to public health and is hereby prohibited when such possession is in any indoor place used by or open to the public, public transportation, or any indoor workplace, except where specifically allowed by law.
(b) All buildings and other properties, including indoor and outdoor areas, owned or operated by the City of Guthrie, shall be entirely tobacco free to include all forms of tobacco products and electronic smoking devices.
(c) All indoor and outdoor recreational areas owned or operated by the City of Guthrie, shall be entirely tobacco free to include all forms of tobacco products and electronic smoking devices.
Section 11-103. Exemptions. The restrictions provided in Section 7-32 shall not apply to the following:
(a) stand-alone bars, stand-alone taverns and cigar bars;
(b) the room or rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(c) up to 25 percent of the guest rooms at a hotel or other lodging establishment;
(d) retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in which the sale of other products is merely incidental and in which no food or beverage is sold or served for consumption on the premises;
(e) workplaces where only the owner or operator of the workplace, or the immediate family of the owner or operator, performs any work in the workplace, and the workplace has only incidental public access. “Incidental public access” means that a place of business has only an occasional person, who is not an employee, present at the business to transact business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
(f) workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
(g) private offices occupied exclusively by one or more smokers;
(h) private residences and workplaces within private residences, except that smoking shall not be allowed inside any private residence that is used as a licensed child care facility during hours of operation;
(i) medical research or treatment centers, if smoking is integral to the research or
(j) a facility operated by a post or organization of past or present members of the Armed Forces of the United States which is exempt from taxation pursuant to Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19) of the Internal Revenue Code, 26 U.S.C., Sections 501 (c)(8), 501 (c)(10) or 501 (c)(19), when such facility is utilized exclusively by its members and their families and for the conduct of post or organization nonprofit operations except during an event or activity which is open to the public; and
(k) any outdoor seating area of a restaurant; provided, smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
(l) public sidewalks and streets, but smoking is not allowed within 15 feet of exterior door or intake of a public place.
(m) on board a personal water craft of personal truck or automobile
(n) airport hangar lease private space under existing lease, but not leases entered into after effective date of this ordinance.