ORDINANCE NO. 4-1-4.1

 

AN ORDINANCE AMENDING SMOKING ORDINANCE NO. 4-1-4

AN ORDINANCE REGULATING SMOKING IN PUBLIC RESTAURANTS

 

WHEREAS, the Board of Commissioners of Morgan County, Indiana, (“Commissioners”) adopted an Ordinance Regulating Smoking in Public Restaurants, (the “Smoking Ordinance”) on September 3, 2004; and,

 

WHEREAS, the Commissioners desire to amend the Smoking Ordinance provisions regarding the doors and windows in Designated Smoking Areas of restaurants; and,

 

NOW THEREFORE, be it ORDAINED by the Board of Commissioners of Morgan County, Indiana that the Morgan County Ordinance Regulating Smoking in Public Restaurants, codified as Ordinance 4-1-4, shall be amended and modified as follows:

 

1.  The Smoking Ordinance shall be amended by deleting the following language indicated by strikethrough text and inserting the following language indicated by underline text, as follows:

 

SECTION 1:   Definition

 

(F)  “Designated smoking room” means an enclosed room with all space between a floor and ceiling that is enclosed on all sides by solid walls, or windows or doors (exclusive of a standard size doorway), which extend from the floor to the ceiling, and has a separate heating and cooling system including return air and ducts.  All windows or doors must be of a solid material, except that use of a negative air pressure room or an air curtain or air dam shall be permissible instead of a solid window or door, so long as smoke does not contaminate the non-smoking areas or rooms of the restaurant.  Any door or window used as an entry between the Designated Smoking Room and the non-smoking area of a restaurant must remain closed during the hours the restaurant is open to the public, except for momentary opening and closing for entry to or exit from the Designated Smoking Room.

 

1.  All other provisions of the Smoking Ordinance shall remain in full force and effect.

 

2.  This Ordinance shall be effective immediately upon passage.

 

All of which is PASSED and ORDAINED this 29th day of April, 2005.

 

ATTEST:                                                                      BOARD OF COMMISSIONERS

Mae Cooper                                                                  OF MORGAN COUNTY

Morgan County Auditor

                                                                                    Norman Voyles, Commissioner

                                                                                    Jeff Quyle, Commissioner

                                                                                    Brian Goss, Commissioner