Just thought I'd post the current ordinance in text format below my signature. It is also downloadable from the City's web site, with this cite:
http://www.ci.minneapolis.mn.us/council/2004-meetings/20040618/HHS200406 07agenda.asp Obviously, the link breaks, so you may have to go to the site and dig around to get it. As for throwing Mr. Hohmann in jail for smoking his Macanudo at his home office on his outdoor deck, the ordinance would not support that. The ordinance (1) does not prohibit smoking outdoors and (2) does not apply to most home offices; and (3) does not apply to places of work that have less than 2 people. It's really not so vague as to make it even moderately difficult to figure out. Oh, and the penalties do not include throwing someone in jail. There are incremental fines imposed but, more significantly, injunctive relief is available to make a business cease violating the ordinance. Gregory Luce St. Paul ____________________________________ Here's the ordinance: The City Council of the City of Minneapolis do ordain as follows: Section 1. That a new Chapter 234 be added to the Minneapolis Code of Ordinances to read as follows: 234.10 Definitions. As used in this ordinance: Other person in charge has the meaning specified in the Minnesota Clean Indoor Air Act Rules, Minnesota Rules part 4620.0100, subpart 10, as amended from time to time. Places of work means any enclosed, indoor location at which two or more individuals perform any type of a service for consideration of payment under any type of employment relationship, including but not limited to an employment relationship with or for a private corporation, partnership, individual, or government agency. This term includes any enclosed, indoor location where two or more individuals gratuitously perform services for which individuals are ordinarily paid. Examples of places of work include an office, a public conveyance, a factory, a warehouse, or similar places of work. Places of work includes enclosed, indoor areas of private clubs, rooms used for private meetings or social functions, and similar locations not accessible to the general public if two or more persons acting under an employment relationship provide cleaning, catering, food or beverage service, maintenance, or other support services in the location. Proprietor has the meaning specified by the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0100, subpart 13, as amended from time to time. Public place means any enclosed, indoor facility, business, or establishment used by the general public or serving as a place of work, including, but not limited to, bars, restaurants, retail stores, offices and other commercial establishments, public conveyances, educational facilities other than public schools, as defined in Minnesota Statutes �120A.05, subdivisions 9, 11, and 13, hospitals, auditoriums, arenas, meeting rooms, and common areas of rental apartment buildings. Smoking means the inhaling, exhaling or combustion of any cigar, cigarette, pipe, tobacco product, weed, plant or any other similar article. �Smoking� includes possessing or carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment. 234.20 Smoking in public places and places of work prohibited. (1) Smoking is prohibited in public places and places of work. (2) Exceptions. The prohibitions of this section do not apply to: (a) Private residences which are not home occupations as regulated by Chapter 535 Article VII, (b) Private motor vehicles, (c) Outdoor spaces, (d) Locations where smoking is expressly authorized by state or federal law or rule, or (e) The use of tobacco as part of a recognized religious ritual or activity. 234.30 Responsibilities of proprietors. The proprietor or other person in charge of a public place or place of work shall: 1. Post �No Smoking� signs that comply with the Minnesota Clean Indoor Air Act Rules, Minnesota Rules, part 4620.0500, as amended from time to time; 2. Ensure that ashtrays, lighters, and matchbooks are not provided in any area where smoking is prohibited; and 3. Ask any person who smokes in an area where smoking is prohibited to refrain from smoking and, if the person does not refrain from smoking after being asked to do so, take the appropriate action to remove the person from the premises. 234.40 Additional private prohibitions. Nothing in this ordinance prevents the proprietor or other person in charge of any place, including, without limitation, any bar, residence, motor vehicle or outdoor space, from prohibiting smoking in any such place. 234.50 Retaliation prohibited. No person or employer shall discharge, refuse to hire, or in any manner retaliate against, any employee, applicant for employment, or customer because the employee, applicant or customer exercises any right to a smoke-free environment afforded by this ordinance or other law. 234.60 Other applicable laws. This ordinance is intended to complement the Minnesota Clean Indoor Air Act, Minnesota Statutes ��144.411 to 144.417, as amended from time to time. Nothing in this ordinance authorizes smoking in any location where smoking is prohibited or restricted by other laws. 234.70 Violation and penalties. (1) Proprietors. It is a violation of this ordinance for the proprietor or other person in charge of any premises subject to this ordinance to fail to comply with the requirements of 234.30, or to retaliate against an employee, applicant for employment or customer, as prohibited by 234.50. (2) Penalties. A person who violates any provision of this ordinance shall be punished by a fine. A person who violates any provision of this ordinance within one year after having been determined to have committed a previous violation shall be punished by an incremental fine. Each day of violation constitutes a separate offense. (3) Enforcement. The provisions of this ordinance shall be enforced by the Department of Operations and Regulatory Services. (4) Injunctive relief. In addition to the penalties provided in subdivision 3, the City Attorney may bring a civil action against the proprietor or other person in charge of a public place or place of work to enjoin repeated or continuing violations of this chapter. 234.80 Severability. If any portion of this chapter, or its application to any circumstances, is held invalid, the remaining provisions shall not be invalidated, and shall be given effect to the maximum extent possible. 235.90 Effective date. The provisions of this chapter shall become effective September 1, 2004. REMINDERS: 1. Think a member has violated the rules? 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