21-11052 Prohibition of Smoking in Public Places and Outdoor Recreation Areas,.,
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ORDINANCE NO 21-11052
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 17 OF THE SALINA CODE,
INCLUDING SECTIONS 17-25, 17-26, 17-27, 17-28, 17-29, 17-30, 17-31, 17-32, 17-33, and 17-
34 PERTAINING TO PROHIBITIONS OF SMOKING AND THE USE OF ELECTRONIC
CIGARETTES IN ENCLOSED PUBLIC PLACES, PUBLIC MEETINGS, AND ENCLOSED
PLACES OF EMPLOYMENT; PERTAINING TO PROHIBITIONS OF SMOKING, THE
USE OF ELECTRONIC CIGARETTES, AND THE USE OF TOBACCO PRODUCTS IN
CITY OUTDOOR RECREATION AREAS; AND REPEALING THE EXISTING SECTIONS .
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. Section 17-25 of the Salina Code is amended to read as follows:
Sec. 17-25. Public policy.
Numerous studies have determined that environmental tobacco smoke (ETS) is a source of exposure
to toxic contaminants causally associated with respiratory illnesses, including lung cancer, asthma,
and emphysema. In 2009, the governing body recognized by the adoption of Ordinance Number 09-
10481 that ETS posed a public health risk, that non-smokers needed protection from ETS exposure,
and that regulation of the burning of tobacco in enclosed public places and places of employment was
needed to protect the public health and welfare of the citizens of the city. Further studies have
determined that secondhand exposure to vapor aerosol from the various forms of electronic cigarettes,
whether containing nicotine or not, also poses a public health risk and that exposure to ETS and
environmental vapor aerosol occurs in both indoor and outdoor public areas. Also, tobacco product
debris pollution is prevalent in the city's system of outdoor recreational areas. Accordingly, it shall
be the public policy of this city to:
(1) Recognize that as a matter of public health, the need to breath smoke-free and vapor-free air
has priority over the choice to smoke or to use electronic cigarettes;
(2) Protect the right of nonsmokers and nonusers of electronic cigarettes to breath smoke-free
and vapor-free air in enclosed public places, public meetings, enclosed places of employment,
and the city's outdoor recreation areas by prohibiting smoking and the use of electronic cigarettes
in enclosed public places, public meetings, places of employment, and the city's outdoor
recreational areas; and
(3) Address the matter of tobacco product debris pollution by prohibiting the use of tobacco
products in the city's outdoor recreational areas with limited exception.
Section 2. Amendment. Section 17-26 of the Salina Code is amended to read as follows:
Sec. 17-26. Definitions.
For the purpose of this article, the following words and terms as used herein are defined to mean the
following:
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Access point means the area within a ten-foot radius outside of any doorway, open window or air
intake leading into a building or facility that is not exempted pursuant to section 17-31.
Bar means any indoor area that is operated and licensed for the sale and service of alcoholic
beverages, including alcoholic liquor as defined in K.S.A. 41-102, and amendments thereto, or cereal
malt beverages as defined in K.S .A. 41-2701, and amendments thereto, for on-premises consumption.
City outdoor recreational area means any outdoor area that is owned, controlled, or operated by the
city and open to the general public for engaging in or observing recreational activities, regardless of
whether any fee for admission is charged, including, but not limited to, parks, playgrounds , picnic
areas, sports fields, sports arenas, courts, bleachers and grandstands , walking and biking paths , hiking
trails , water parks, splash parks, municipal golf courses and driving ranges , skating rinks , skateboard
parks, and gardens. A city outdoor recreational area includes any streets , roads, parking lots , and
sidewalks within its boundaries, but does not include the space within a fully enclosed private motor
vehicle lawfully parked on any street, road , or parking lot within a city outdoor recreational area.
Business means a sole proprietorship, partnership, joint venture , corporation, limited liability
company, or other business entity, either for profit or not-for-profit, including, but not limited to ,
retail establishments where goods or services are provided and professional corporations or other
entities where legal, medical , dental, engineering, architectural, or other professional services are
delivered.
Electronic cigarette means an electronic or battery-powered device , whether shaped like a cigarette
or not, that can provide inhaled doses of nicotine or other substance(s) by delivering a vaporized
solution by means of cartridges or other chemical delivery systems. An electronic cigarette includes ,
but is not limited to, any electronic nicotine delivery system, electronic vaping device, personal
vaporizer, electronic pipe, electronic hookah, or vapor pen.
Employee means a person who is employed by an employer in consideration for direct or indirect
monetary wages or profit and any person who volunteers his or her services for a non-profit entity.
Employer means any person, partnership , corporation , association or organization, including a
municipal corporation, trust, or not-for-profit entity that employs the services of one or more
individual persons.
Enclosed area means all space between a floor and ceiling that is enclosed on all sides by solid walls,
windows , or doorways that extend from the floor to the ceiling, including all space therein screened
by partitions that do not extend to the ceiling or are not solid or similar structures. For purposes of
this section, the following shall not be considered an "enclosed area": (1) Rooms or areas , enclosed
by walls , windows or doorways , having neither a ceiling nor a roof and that are completely open to
the elements and weather at all times; and (2) rooms or areas, enclose by walls, fences , windows or
doorways and a roof or ceiling, having openings that are permanently open to the elements and
weather and that comprise an area that is at least 30% of the total perimeter wall area of such room
or area.
Food service establishment means any place in which food is served or is prepared for sale or service
on the premises or elsewhere. Such term shall include, but not be limited to, fixed or mobile
restaurant , coffee shop , cafeteria, short-order cafe, luncheonette, grill , tea room, sandwich shop , soda
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fountain, bar, tavern, private club , roadside kitchen, commissary, any location served by a caterer and
any other private, public or nonprofit organization or institution routinely serving food and any other
eating or drinking establishment or operation where food is served or provided for the public with or
without charge. The term "restaurant" shall include a bar area within the restaurant.
Health care facility means any place in which health care or treatment is offered , whether physical,
mental, or emotional, or other medical, physiological , or psychological condition, including, but not
limited to , hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing
homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors ,
physical therapists, physicians, dentists , and all specialists within these professions. This definition
shall include all waiting rooms, hallways , private rooms, semiprivate rooms , and wards within health
care facilities .
Place of employment means an enclosed area under the control of a public or private employer,
including, but not limited to , work areas , auditoriums, elevators, private offices , employee lounges
and restrooms , conference and meeting rooms , classrooms , employee cafeterias , stairwells and
hallways, and vehicles that are used by employees during the course of employment. For purposes
of this section, a private residence shall not be considered a "place of employment" unless such
residence is used as a childcare , adult day care or health care facility; or used as a business in which
one or more persons are employed.
Private club means an organization, whether incorporated or not, which is the owner, lessee , or
occupant of a building or portion thereof used exclusively for club purposes at all times , which is
operated solely for a recreational, fraternal , social , patriotic, political , benevolent, or athletic purpose,
but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation . The
affairs and management of the organization are conducted by a board of directors, executive
committee, or similar body chosen by the members at an annual meeting . The organization has
established bylaws and /or a constitution to govern its activities . The organization has been granted
an exemption from the payment of federal income tax as a club under 26 U.S.C . Section 501.
Private place means any enclosed area to which the public is not invited or in which the public is not
permitted, including , but not limited to , personal residences or personal motor vehicles . A privately
owned business , open to the public , is not a private place.
Public meeting means any meeting open to the public pursuant to K.S.A. 75-4317 et seq., and
amendments thereto , or any other law of this state .
Public place means an enclosed area to which the public is invited or in which the public is permitted ,
including, but not limited, to banks , bars , educational facilities , health care facilities , hotel and motel
lobbies , laundromats, public transportation facilities , reception areas , restaurants , retail food
production and marketing establishments , retail service establishments , retail stores , shopping malls,
sports arenas , theaters , and waiting rooms . A private residence is not a "public place" unless it is
used as a childcare , adult day care , or health care facility required to be licensed by the state.
Service line means any indoor line during which one (1) or more persons are waiting for or receiving
service of any kind , whether or not such service involves the exchange of money .
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Shopping mall means an enclosed public walkway or hall area that serves to connect retail or
professional establishments.
Smoking means inhaling, exhaling , burning or carrying any lighted cigar, cigarette, or other tobacco
product, or any pipe or vessel containing burning tobacco of any kind.
Sports arena means sports pavilions, gymnasiums, health spas , boxing arenas , swimming pools , roller
and ice rings , bowling alleys, billiard and bingo facilities and other similar places where members of
the general public assemble either to engage in physical exercise , participate in athletic competition ,
or witness sports or other events.
Tobacco product means any product, other than an electronic cigarette, containing, made , or derived
from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed,
absorbed, dissolved, inhaled, snorted , sniffed , or ingested by any other means, including , but not
limited to, cigarettes, cigars , little cigars , chewing tobacco , pipe tobacco , and snuff.
Section 3. Amendment. Section 17-27 of the Salina Code is amended to read as follows :
Sec. 17-27. Prohibition of smoking, use of electronic cigarettes, and use of tobacco products in
city outdoor recreational areas.
It shall be unlawful, with no requirement of a culpable mental state , to smoke, to use an electronic
cigarette, or to use tobacco products:
(1) in a city outdoor recreational area ; and
(2) within twenty (20) feet of the perimeter boundary of a city outdoor recreational area,
except to the extent the additional 20-foot area extends onto private property.
Section 4. Amendment. Section 17-28 of the Salina Code is amended to read as follows:
Section 17-28. Prohibition of smoking and use of electronic cigarettes in enclosed public places,
public meetings, and other places; smoke and electronic cigarette vapor free workplace.
It shall be unlawful, with no requirement of a culpable mental state , to smoke or to use an electronic
cigarette in an enclosed area or at a public meeting within the city , including, but not limited to , the
following places :
( 1) Public places;
(2) Public transportation and transportation facilities including , but not limited to , buses , bus
terminals , taxicabs , train stations , limousines, and airports; as well as ticket, boarding , and
waiting areas of public transit facilities ;
(3) Restrooms , lobbies , reception areas , hallways , elevators , and any other common areas in
public and private buildings , apartment buildings , condominiums , common areas in mobile
home parks (club houses , storm shelters), retirement facilities , nursing homes , and other
multiple-residential facilities ;
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Restrooms , lobbies, reception areas, hallways, elevators, and other common areas in hotels
and motels and in a least 80% of the sleeping quarters within a hotel or motel that may be
rented to guests ;
Access points of all buildings and facilities not exempted pursuant to section 17-31;
Any place of employment;
All vehicles and enclosed facilities owned, leased, or operated by the city;
Service lines;
Retail stores and retail service establishments;
All areas available to and customarily used by the general public in all businesses and non-
profit entities patronized by the public , including, but not limited to , offices, banks , and
laundromats;
Food service establishments and bars, excluding areas of a food service establishment or bar
that are not enclosed areas;
Galleries, libraries, and museums;
Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture ,
musical recital or other similar performance , except that performers may smoke when the
smoking is a part of a stage production ;
Sports arenas and convention halls; bowling facilities and billiard parlors ;
Every room , chamber, place of meeting or public assembly, including school buildings under
the control of any board , council , commission, committee , including joint committees , or
agencies of the city or any political subdivision of the state during such time as a public
meeting is in progress, to the extent such place is located within the city;
(16) Waiting rooms , hallways , wards , and patient rooms of health care facilities, including, but not
limited to, hospitals , clinics , physical therapy facilities, doctors ' offices , and dentists' offices;
(17) Polling places;
(18) Private clubs and fraternal organization facilities;
(19) Licensed childcare and adult day care facilities ; and
(20) Bingo facilities.
Section 5. Amendment. Section 17-29 of the Salina Code is amended to read as follows:
Section 17-29. Employer policies regarding smoking and use of electronic cigarettes in enclosed
places of employment.
Each employer having a place of employment that is an enclosed area shall provide a smoke-free and
an electronic cigarette vapor-free workplace for all employees. Such employer shall also adopt ,
implement, make known, and maintain a written smoking and electronic cigarette policy which shall
prohibit smoking and the use of electronic cigarettes , without exception, in all areas of the place of
employment. Such policy shall be communicated to all current employees within one week of its
adoption and shall be communicated to all new employees upon hiring . Each employer shall provide
a written copy of the smoking policy upon request to any current or prospective employee.
Section 6. Amendment. Section 17-30 of the Salina Code is amended to read as follows:
Section 17-30. Reserved.
Section 7. Amendment. Section 17-31 of the Salina Code is amended to read as follows:
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Section 17-31. Where smoking and use of electronic cigarettes are not regulated.
Notwithstanding any other provision of this article to the contrary, the following areas shall not be
subject to the restrictions of this article:
(1) The outdoor areas of any building or facility beyond the access points of such building or
facility;
(2) Private homes or residences, except when such or home or residence is used as a public place,
place of employment, licensed child care facility, or a licensed day care home as defined in
K.S.A. 65-530, as amended;
(3) A hotel or motel room rented to one or more guests if the total percentage of such hotel or
motel rooms in such hotel or motel does not exceed 20%;
(4) Private places; and
(5) Areas of a food service establishment or bar that are not an enclosed area.
Section 8. Amendment. Section 17-32 of the Salina Code is amended to read as follows:
Sec. 17-32. Voluntary declaration of the prohibition of smoking and/or use of electronic
cigarettes.
Notwithstanding any other provision of this article, an owner, operator, manager, or other person in
control of an establishment, facility, or outdoor place of employment may declare that smoking and/or
use of electronic cigarettes are prohibited throughout the entire establishment, facility, or outdoor
place of employment consistent with the provisions of this article.
Section 9. Amendment. Section 17-33 of the Salina Code is amended to read as follows:
Section 17-33. Responsibility of proprietors.
The proprietor or other person having control of a place governed by this article shall:
(1) Not knowingly permit, cause, suffer or allow any person to violate the provisions of this article
in that place and shall take all necessary steps to prevent or stop another person from smoking
or using an electronic cigarette in violation of this article. "Necessary steps" means to take
all reasonable actions to prevent smoking and the use of an electronic cigarette in violation of
this article by employees, patrons and visitors in the place, business, office, or establishment,
including: verbally asking a person who is smoking to extinguish the smoking materials;
verbally asking a person who is using an electronic cigarette to stop using the electronic
cigarette; refusing service to a person who is illegally smoking or using an electronic cigarette;
verbally asking anyone illegally smoking or using an electronic cigarette to leave the
premises; and applying standard business procedures in the same manner for violations of
house rules or other local ordinances or state laws. If the employee, patron, or visitor smoking
in violation of this article is hearing impaired, the communications with that person may be
written, in sign language, or other effective means of communications.
(2) Post and maintain in areas where the public is allowed and areas where employees are allowed
signs that clearly and conspicuously state that smoking is prohibited. Such "no smoking"
signs shall have bold lettering of not less than one ( 1) inch in height. The international "No
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Smoking" symbol may also be used (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it). In addition to, or included within,
the signage required in this subsection (2), the proprietor or other person in charge of the
premises of a place governed by this article shall post or cause to be posted in a conspicuous
place signs displaying symbols or language clearly signifying that the use of electronic
cigarettes, or "vaping", is prohibited. To comply with this subsection in relation to city
outdoor recreation areas, the city manager shall have the authority to determine the number
and location of signage at each city outdoor recreation area, based upon the nature and
character of the city outdoor recreation area.
(3) Remove all ashtrays and other smoking paraphernalia from any area in which smoking is
prohibited by this article.
(4) Comply with all physical separation and ventilation standards to prevent the drifting,
permeation or re-circulation of smoke or electronic cigarette vapor into areas in which
smoking and the use of electronic cigarettes are prohibited.
(5) Communicate the prohibition on smoking and use of electronic cigarettes to all existing
employees by the effective date of this article and to all prospective employees upon his or
her application for employment.
Section 10. Amendment. Section 17-34 of the Salina Code is amended to read as follows:
Section 17-34. Enforcement, violations, and penalties.
(a) It shall be unlawful for any person who own, manages, operates, or otherwise controls the use
of any public place or other area where smoking or the use of electronic cigarettes is
prohibited, to fail to comply with all or any of the provisions of this article.
(b) It shall be unlawful for any person who owns, manages, operates, or otherwise controls the
use of any public place or other area where smoking or the use of electronic cigarettes is
prohibited, to allow smoking or the use of electronic cigarettes to occur under this subsection
if such person: ( 1) has knowledge that smoking or the use of electronic cigarettes is occurring;
and (2) recklessly permits smoking or the use of electronic cigarettes under the totality of the
circumstances.
( c) It shall be unlawful for any person, with no requirement of a culpable mental state, to smoke,
to use electronic cigarettes, or to use tobacco products where prohibited by the provisions of
this article.
( d) A person who violates any prov1s10n of this article shall be guilty of a misdemeanor,
punishable by:
(1) A fine no less than fifty dollars ($50.00) for a first violation.
(2) A fine of no less than one hundred dollars ($100.00) for a second violation within a one-
year period of the first violation .
(3) A fine of no less than two hundred dollars ($200.00) for a third or subsequent violation
within a one-year period of the first violation.
( e) Each occurrence of a violation of this article shall be considered a separate and distinct
violation.
(f) In addition to the fines established by this section, violation of this article by a person having
control of a public place or place of employment may result in the suspension or revocation
of any permit or license issued by the city to the person for the premises on which the violation
occurred .
(g) Violation of this article is hereby declared to be a public nuisance, which may be abated by
the city manager by restraining order, preliminary and permanent injunction, or other means
provided for by law, against the proprietor of the public place or place of employment, and
the city may take action to recover the costs of the nuisance abatement.
Section 11. Amendment. The title of Article III, Chapter 17 of the Salina Code is amended to read
as follows: "Regulation of Smoking, Use of Electronic Cigarettes, and Use of Tobacco Products".
Section 12. Repealer. Existing Salina Code sections 17-25, 17-26, 17-27, 17-28, 17-29, 17-30, 17-
31, 17-32, 17-33, and 17-34 are repealed.
Section 13. Effective. This ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper by the following summary;
Ordinance No. 21-11052 Summary
On June 28, 2021, the City of Salina, Kansas , passed Ordinance No. 21-11052. The ordinance
amends Article III of Chapter 17 of the Saline Code, including sections 17-25, 17-26, 17-27,
17-28, 17-29, 17-30, 17-31, 17-32, 17-33 , and 17-34 pertaining to prohibitions on smoking
and the use of electronic cigarettes in enclosed public places, public meetings, and places of
employment; pertaining to prohibitions on smoking, the use of electronic cigarettes, and the
use of tobacco products in city outdoor recreation areas; and repealing the existing sections.
A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city
clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
[SEAL]
Introduced :
Adopted
June 21, 2021
June 28, 2021
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Melissa Rose Hodges, Mayor
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