Chapter 26
HEALTH AND SANITATION*
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State law references: Local health services, 63 O.S. § 1-201 et seq.; general sanitation, 63 O.S. § 1-1001.1 et seq.; health nuisances, 63 O.S. § 1-1011 et seq.; food regulations, 63 O.S. § 1-1101 et seq.; milk regulations, 2 O.S. § 1-1301.1 et seq.; Health Maintenance Organization Act of 2003, 36 O.S. § 6901 et seq.; Oklahoma Public Health Code, 63 O.S. § 1-101 et seq.; governing board of city to serve as ex officio board of health, appointment of health officer, 63 O.S. § 1-209; city-county boards of health, 63 O.S. § 1-216; authority for municipal regulation of public health, 11 O.S. § 22-120; functions of health departments, 63 O.S. § 1-206; funds for operation of health departments, 63 O.S. § 1-208.
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Article I.
In General
Sec. 26-1. County health department designated to enforce health ordinances.
Sec. 26-2. Obstructing health officer.
Sec. 26-3. Quarantine; violations.
Secs. 26-4– 26-30. Reserved.
Article II.
Tobacco Smoking Regulations
Sec. 26-31. Definitions.
Sec. 26-32. Possession of lighted tobacco deemed prohibited and a nuisance.
Sec. 26-33. State, county and city buildings designated nonsmoking areas; exception.
Sec. 26-34. Smoking distance restriction.
Sec. 26-35. Exemptions.
Sec. 26-36. Regulations of smoking applicable to places of employment or certain facilities.
Sec. 26-37. Prohibition of smoking applicable to city vehicles.
Sec. 26-38. Posting of signs or decals.
Sec. 26-39. Violations; penalty.
ARTICLE I.
IN GENERAL
Sec. 26-1. County health department designated to enforce health ordinances.
Anywhere in this chapter where the term "health officer" is used, it shall be construed to mean the director of the county health department or his duly designated representative. It is the intent and purpose of the mayor and board of commissioners to delegate the enforcement of the health ordinances of the city as set out in this chapter and any such decisions rendered under this chapter shall be subject to review by the board of commissioners upon an appeal from an offender.
(Code 2000, § 8-501)
Sec. 26-2. Obstructing health officer.
It is unlawful for any person to willfully obstruct or interfere with any health officer or physician charged with the enforcement of the health laws of this city.
(Code 2000, § 8-502)
Sec. 26-3. Quarantine; violations.
It is unlawful for any person to willfully violate or refuse or omit to comply with any lawful order, direction, prohibition, rule or regulation of the board of health, or any officer charged with enforcement of such order, direction, prohibition, rule or regulation.
(Code 2000, § 8-503)
Secs. 26-4– 26-30. Reserved.
ARTICLE II.
TOBACCO SMOKING REGULATIONS
Sec. 26-31. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Indoor workplace means any indoor place of employment or employment-type service for or at the request of another individual or individuals, or any public or private entity, whether part-time or full-time and whether for compensation or not. Such services shall include, without limitation, any service performed by an owner, employee, independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee, associate, servant or volunteer. An indoor workplace includes work areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or visited by employees, and all space between a floor and ceiling that is predominantly or totally enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or the like. The provisions of this section shall apply to such indoor workplace at any given time, whether or not work is being performed.
(Ord. No. 842, § 1(A), 1-27-2010)
Sec. 26-32. Possession of lighted tobacco deemed prohibited and a nuisance.
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.
(Ord. No. 842, § 1(A), 1-27-2010)
Sec. 26-33. State, county and city buildings designated nonsmoking areas; exception.
(a) All buildings, or portions thereof, owned or operated by this state shall be designated as nonsmoking; provided, however, each building may have one designated smoking room. As used in this subsection, the term "buildings" shall not include up to 25 percent of any hotel or motel rooms rented to guests if the rooms are properly ventilated so that smoke is not circulated to nonsmoking areas.
(b) All buildings, or portions thereof, owned or operated by county government, at the discretion of the county governing body, may be designated as entirely nonsmoking or may be designated as nonsmoking with one designated smoking room.
(c) All buildings, or portions thereof, owned or operated by this city shall be entirely nonsmoking.
(d) A smoking room as provided for in subsections (a) and (b) of this section:
(1) Shall not be used for the conduct of public business;
(2) Shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No smoking exhaust shall be located within 25 feet of any entrance, exit or air intake; and
(3) Shall be verified for compliance with the provisions of this subsection (d) by the department of central services for state buildings or by a county entity designated by the board of county commissioners for county buildings.
(Ord. No. 842, § 1(B)– (E), 1-27-2010)
Sec. 26-34. Smoking distance restriction.
(a) No smoking shall be allowed within 25 feet of the entrance or exit of any building specified in section 26-33(a), (b) or (c).
(b) The restrictions provided in this article shall not apply to stand-alone bars, stand-alone taverns and cigar bars. The terms "stand-alone bar," "stand-alone tavern" and "cigar bar" mean an establishment that derives more than 60 percent of its gross receipts, subject to verification by competent authority, from the sale of alcoholic beverages and low-point beer and no person under 21 years of age is admitted, except for members of a musical band employed or hired as provided in 37 O.S. § 537(B)(2) and that is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including a restaurant.
(Ord. No. 842, § 1(F), (G), 1-27-2010)
Sec. 26-35. Exemptions.
The restrictions provided in this section shall not apply to the following:
(1) The rooms where licensed charitable bingo games are being operated, but only during the hours of operation of such games;
(2) Up to 25 percent of the guestrooms at a hotel or other lodging establishment;
(3) 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;
(4) 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. The term "incidental public access" means that a place of business has only an occasional person, who is not an employee, present at the business to transaction business or make a delivery. It does not include businesses that depend on walk-in customers for any part of their business;
(5) Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental public access;
(6) Private offices occupied exclusively by one or more smokers;
(7) 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;
(8) Medical research or treatment centers, if smoking is integral to the research or treatment;
(9) 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 26 USC 501(c)(8), (10) or (19) of the Internal Revenue Code 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
(10) Any outdoor seating area of restaurants; provided smoking shall not be allowed within 15 feet of any exterior public doorway or any air intake of a restaurant.
(Ord. No. 842, § 1(H), 1-27-2010)
Sec. 26-36. Regulations of smoking applicable to places of employment or certain facilities.
(a) An employer not otherwise restricted from doing so may elect to provide smoking rooms where no work is performed except for cleaning and maintenance during the time the room is not in use for smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking room shall be located within 15 feet of any entrance, exit or air intake.
(b) If smoking is to be permitted in any space exempted in subsection 26-34(a) or (b) or in a smoking room pursuant to section 26-35, such smoking space must either occupy the entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift or circulate into a nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from a smoking room shall not be exhausted within 15 feet of any entrance, exit or air intake. Any employer may choose a more restrictive smoking policy, including being totally smoke free.
(c) Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated smoking rooms. Food and beverage may be served in such designated smoking rooms which shall be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure so smoke cannot escape when a door is opened, and no air is recirculated to nonsmoking areas of the building. No exhaust from such room shall be located within 25 feet of any entrance, exit or air intake. Such room shall be subject to verification for compliance with the provisions of this subsection by the state department of health.
(d) Except as specifically provided in the Smoking in Public Places and Indoor Workplaces Act, 63 O.S. §§ 1-1521– 1-1527, no person shall smoke in a nursing facility licensed pursuant to the Nursing Home Care Act, 63 O.S. § 1-1901 et seq., or in a child care facility licensed pursuant to the Oklahoma Child Care Facilities Licensing Act, 10 O.S. §§ 401– 418. A nursing facility licensed pursuant to the Nursing Home Care Act may designate smoking rooms for residents and their guests. Such room shall be fully enclosed, directly exhausted to the outside, and shall be under negative air pressure so that no smoke can escape when a door is opened and no air is recirculated to nonsmoking areas of the building.
(e) (1) Except as otherwise provided in subsection (e)(2) of this section, an educational facility which offers an early childhood education program or in which children in grades kindergarten through 12 are educated shall prohibit smoking, the use of snuff, chewing tobacco or any other form of tobacco product in the buildings and on the grounds of the facility by all persons including, but not limited to, full-time, part-time, and contract employees, during the hours of 7:00 a.m. to 4:00 p.m., during the school session, or when class or any program established for students is in session.
(2) Career and technology centers may designate smoking areas outside of buildings, away from general traffic areas and completely out of sight of children under 18 years of age, for use by adults attending training courses, sessions, meetings or seminars.
(3) An educational facility may designate smoking areas outside the buildings for the use of adults during certain activities or functions, including, but not limited to, athletic contests.
(4) For purposes of this subsection (e), the term "educational facility" means a building owned, leased or under the control of a public or private school system, college or university;
(5) Nothing in this article shall be construed to prohibit educational facilities from having more restrictive policies regarding smoking and the use of other tobacco products in the buildings or on the grounds of the facility.
(f) A private residence is not a "public place" within the meaning of this article except that areas in a private residence that are used as a licensed child care facility during hours of operation are "public places" within the meaning of this article.
(Ord. No. 842, § 1(I)– (N), 1-27-2010)
Sec. 26-37. Prohibition of smoking applicable to city vehicles.
Smoking is prohibited in all vehicles owned by the city and all of its agencies and instrumentalities.
(Ord. No. 842, § 1(O), 1-27-2010)
Sec. 26-38. Posting of signs or decals.
(a) The person who owns or operates a place where smoking or tobacco use is prohibited by law shall be responsible for posting a sign or decal, at least four inches by two inches in size, at each entrance to the building indicating that the place is smoke-free or tobacco-free.
(b) Responsibility for posting signs or decals shall be as follows:
(1) In privately owned facilities, the owner or lessee, if a lessee is in possession of the facilities, shall be responsible;
(2) In corporately owned facilities, the manager and/or supervisor of the facility involved shall be responsible; and
(3) In publicly owned facilities, the manager and/or supervisor of the facility shall be responsible.
(c) To prevent smoking in public places, the state or local governmental agency or the person who owns or operates a public place shall, at a minimum, in addition to posting the required signage, ask smokers to refrain from smoking upon observation of anyone violating the provisions of this article.
(Ord. No. 842, § 1(A)– (R), 1-27-2010)
Sec. 26-39. Violations; penalty.
Any person who knowingly violates this article is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than $10.00 nor more than $100.00.
(Ord. No. 842, § 1(S), 1-27-2010)