Austin |
Code of Ordinances |
Title 10. PUBLIC HEALTH SERVICES AND SANITATION. |
Chapter 10-6. SMOKING IN PUBLIC PLACES. |
§ 10-6-3. EXEMPTIONS.
(A)
This chapter does not apply to:
(1)
a dwelling unit, as defined in Section 25-1-21(35) ( Definitions ), that is used exclusively for a residential use, as defined in Section 25-2-3 ( Residential Uses Described );
(2)
a hotel or motel room designated as a smoking room and rented to a person, provided that the hotel or motel complies with Section 10-6-4 ( Designation of Smoking Rooms by Hotel and Motel Restricted );
(3)
a retail tobacco store;
(4)
a private or semi-private room in a nursing home or long-term care facility that is occupied by individuals who smoke and have requested in writing to be placed in a room where smoking is permitted;
(5)
an outdoor area of a workplace that is not in the area described by Section 10-6-2(D) ( Smoking Prohibited ) provided, however, that this exemption does not apply to a park;
(6)
a bingo facility operated under the Bingo Enabling Act, Chapter 2001 of the Occupations Code, if:
(a)
an enclosed non-smoking area is provided;
(b)
the smoking area is mechanically ventilated to prevent smoke from entering a non-smoking area; and
(c)
no one under the age of 18 is admitted to the smoking area;
(7)
a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the premises is controlled by the organization; and
(8)
a business premise that was issued a restricted permit by the city on or before November 2, 2004.
(9)
those areas in parks that are specified in a permit issued by the Parks and Recreation Department authorizing smoking for filming purposes only and during filming by actors only;
(10)
people playing golf on golf courses between the tee of the first hole and the end of the green for the final hole; and
(11)
temporary designated smoking areas in a park for special events where the Director recommends approval of, and the City Council has approved, the temporary designated smoking area.
(B)
In making the recommendation in 10-6-3(11), the Director will consider the impact on the surrounding neighborhood and other park patrons, any problem related to smoking that granting the exemption might create, a clean- up agreement made by the person requesting the exemption, and citizen input determined relevant by the Director.
Source: Ord. 20050303-05; Ord. 20111215-019.