2012 Birmingham anti-smoking ordinance

The 2012 Birmingham anti-smoking ordinance was a measure passed by the Birmingham City Council in 2012 which prohibited smoking inside or near the entrances of all places of employment. It was enacted as a wholesale replacement for Title 11, Chapter 9, Section 10 of the General Code of the City of Birmingham, 1980.

The measure to expand the prohibitions enacted with the 2005 Birmingham anti-smoking ordinance was first introduced for discussion in January 2012 by the Council's Public Safety Committee. A public hearing was held on February 15, and the proposal and went through many revisions during debate. Public health advocates supported the tough measures to reduce exposure to second-hand smoke. Bar and restaurant owners were concerned about the effect on their business.

The Council approved the final version of the ordinance by an 8-0 vote on April , 2012. It was published on April 26 and took effect 60 days later, on June 26, 2014.

The ordinance prohibits smoking inside all places of business where employees work, including restaurants, bars, sports venues, transportation platforms, service lines, and individual rooms in hospitals, nursing homes and hotels. It also prohibits smoking in public parking structures and establishes a 7-foot radius no-smoking zone outside of building entrances.

The ordinance does not prohibit smoking inside private homes or apartment units, and allows cigar bars, hookah bars, tobacco shops or other businesses which derive 80% or more of their revenues from tobacco sales to permit smoking. The use of electronic cigarettes or vaporizers which do not burn tobacco is not restricted by the law. Smoking is disallowed at outdoor dining areas on public property, but privately-owned dining areas more than 7 feet from any building entrance, window or ventilation intake can be designated as smoking areas.

The ordinance also requires businesses to display non-smoking placards at entrances. Notice of the ordinance, along with sample placards, were distributed by the city to all business license holders.

Fines for violations of the ordinance were set at $50 for an individual and $100-500 for a business owner or manager.

References

• Bryant, Joseph D. (April 18, 2012) "Birmingham bans smoking in many public places." The Birmingham News

External links

• Smoking in Public Places Ordinance at birminghacitycouncil.org