EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Curran
A BILL ENTITLED
AN ORDINANCE concerning
Title
Health - Smoking On or Adjacent to Hospital Premises
FOR the purpose of prohibiting smoking on or adjacent to hospital premises; defining certain terms; providing for certain exceptions; imposing certain penalties; providing for a special effective date; and generally relating to smoking in areas near hospitals.
Body
BY adding
Article - Health
Section(s) 12-601 through 12-612, inclusive, to be under the new subtitle
"Subtitle 6. Smoking On or Adjacent to Hospital Premises"
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(7)(Title 12) and 41-14(6)(Title 12)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Health
Title 12. Tobacco Products
SUBTITLE 6. SMOKING ON OR ADJACENT TO HOSPITAL PREMISES
§ 12-601. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(B) HOSPITAL.
"HOSPITAL" MEANS AN INSTITUTION THAT:
(1) HAS A GROUP OF AT LEAST 5 PHYSICIANS WHO ARE ORGANIZED AS A MEDICAL STAFF FOR THE INSTITUTION;
(2) MAINTAINS FACILITIES TO PROVIDE, UNDER THE SUPERVISION OF THE MEDICAL STAFF, DIAGNOSTIC AND TREATMENT SERVICES FOR 2 OR MORE UNRELATED INDIVIDUALS; AND
(3) ADMITS OR RETAINS THE INDIVIDUALS FOR OVERNIGHT CARE.
(C) SMOKE.
"SMOKE" MEANS TO INHALE, BURN, OR CARRY ANY LIGHTED CIGARETTE, CIGAR, PIPE TOBACCO, OR OTHER TOBACCO, WEED, OR PLANT PRODUCT OF ANY KIND.
§ 12-602. {RESERVED}
§ 12-603. SMOKING PROHIBITED.
EXCEPT AS OTHERWISE SPECIFIED IN THIS SUBTITLE, SMOKING IS PROHIBITED:
(1) ON THE PREMISES OF ANY HOSPITAL; AND
(2) ON ANY PUBLIC RIGHT-OF-WAY (INCLUDING SIDEWALKS, ALLEYS, AND THEIR SURROUNDING GRASS, TREE, OR OTHER PLANTED AREAS ) ADJOINING THE PREMISES OF A HOSPITAL AND EXTENDING TO THE CLOSEST CURB LINE.
§ 12-604. EXCEPTION.
THIS SUBTITLE DOES NOT APPLY TO A PERSON WHO OCCUPIES A MOVING VEHICLE IN AN ALLEY.
§ 12-605. "NO SMOKING" SIGNS.
(A) HOSPITALS TO POST.
EVERY HOSPITAL MUST "NO SMOKING" SIGNS, "SMOKE FREE AREA" SIGNS, OR THE INTERNATIONAL NO-SMOKING SYMBOL (A BURNING CIGARETTE ENCLOSED IN A RED CIRCLE WITH A RED ACROSS IT) IN CONSPICUOUS PLACES ON ITS PREMISES SUFFICIENT TO PROVIDE PUBLIC NOTICE OF THE SMOKING PROHIBITION.
(B) FAILURE TO POST.
THE FAILURE OF A HOSPITAL TO POST THESE SIGNS:
(1) IS NOT PUNISHABLE UNDER THIS SUBTITLE; AND
(2) IS NOT A DEFENSE TO SMOKING IN VIOLATION OF THIS SUBTITLE.
§§ 12-606 TO 12-610. {RESERVED}
§ 12 611. ENFORCEMENT BY CITATION.
(A) IN GENERAL.
IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT PROCEDURE, THIS SUBTITLE MAY BE ENFORCED BY ISSUANCE OF:
(1) AN ENVIRONMENTAL CITATION AS AUTHORIZED BY CITY CODE ARTICLE 1, SUBTITLE 40 {"ENVIRONMENTAL CONTROL BOARD"}; OR
(2) A CIVIL CITATION AS AUTHORIZED BY CITY CODE ARTICLE 1, SUBTITLE 41 {"CIVIL CITATIONS"}
(B) PROCESS NOT EXCLUSIVE.
THE ISSUANCE OF A CITATION TO ENFORCE THIS SUBTITLE DOES NOT PRECLUDE PURSUING ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT ACTION AUTHORIZED BY LAW.
§ 12 612. PENALTIES.
ANY PERSON WHO SMOKES IN VIOLATION OF THIS SUBTITLE IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $50 FOR EACH OFFENSE.
Baltimore City Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40 14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(7) Health Code
Title 12: Tobacco Products
Subtitle 1: Indoor Smoking
Person smoking $250
Employer, other person in charge $500
Subtitle 2: Sale of Unpackaged Cigarettes $150
Subtitle 4: Placement of Tobacco Products $500
Subtitle 5: Distribution to Minors $500
SUBTITLE 6: SMOKING ON OR ADJACENT TO HOSPITAL PREMISES $ 50
Subtitle 41. Civil Citations
§ 41-14. Offenses to which subtitle applies - Listing.
(6) Health Code
Title 12: Tobacco Products
Subtitle 1: Indoor Smoking
Person smoking $250
Employer, other person in charge $500
Subtitle 2: Sale of Unpackaged Cigarettes $150
Subtitle 4: Placement of Tobacco Products $500
Subtitle 5: Distribution to Minors $500
SUBTITLE 6: SMOKING ON OR ADJACENT TO HOSPITAL PREMISES $ 50
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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