ORDINANCE NO. 4-1-4.2
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, on September 3, 2004, and was amended on April 29, 2005 (collectively referred to as the “Smoking Ordinance”); and,
WHEREAS, the Commissioners desire to amend the Smoking Ordinance provisions regarding the definition of restaurant and to increase the possible fines; 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, as amended, shall be further 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:
A. SECTION 1:
Definition
(C) “Restaurant” means
any coffee shop, cafeteria, sandwich shop, private or public school
cafeteria, or any other eating establishment, regardless of size,
which offers for sale, food to the public, guests or employees, as well as
kitchens in which the food is prepared on the premises for serving elsewhere,
including catering facilities. Restaurant shall also mean any establishment
which meets the requirements of I.C. 7.1-3-20-9. This definition shall not apply to
bowling alleys, which are excepted and exempted from
the provisions of this Ordinance.
B. SECTION 6: Penalties and Enforcement
(C) Any person who violates any provision of this
Ordinance shall be subject to a fine not to exceed One Hundred Dollars
($100.00) for each such violation. an initial, second or
third violation and not more than Two Thousand Dollars ($2,000.00) for any
subsequent violation. Any enforcement
action may be brought by the If,
after multiple violations by the same person or business, the Morgan County
Attorney or Morgan County Prosecutor shall have reason to believe that the
fines assessed hereunder will not be effective in enforcing the provisions
herein; then, the Morgan County Attorney or the Morgan County Prosecutor may
seek any other remedy provided by law, including injunction.
2. All other provisions of the Smoking Ordinance shall remain in full force and effect.
3. This Ordinance shall be effective immediately upon passage and publication, as by law required.
All of which is PASSED and ORDAINED this 15th day of August, 2005
.
BOARD OF COMMISSIONERS OF
Norman Voyles, Commissioner
Jeff Quyle, Commissioner
Brian Goss, Commissioner
ATTEST:
MAE COOPER