Tobacco Pollution Control Ordinance (No. 2001-12)

Ordinance 2001-12: Tobacco Pollution Control Ordinance

Board of Commissioners of Johnson County does hereby find that:

• The use of Tobacco products is a cause of material annoyance, discomfort, and physical irritation to nonusers
• Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in nonsmokers
• The federal government acting through the Environmental Protection Agency has determined that secondhand tobacco smoke is a group A Carcinogen, which is hazardous to nonsmokers
• The Board of Commissioners finds that the presence of tobacco within Johnson County buildings is detrimental to the health of nonusers
• The Board of Commissioners fins that the regulation of tobacco use within certain indoor areas under the jurisdiction of the Board is necessary to protect the health, welfare, comfort, and environment of nonusers
• Board of Commissioners find and declare the purpose of the ordinance is to protect the public health and welfare by prohibiting the use of tobacco in facilities owned or leased by Johnson County, and to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke.

Prohibition of Tobacco Use in Public Facilities Owned or Leased by Johnson County

Tobacco shall be prohibited:

• Within any structure owned by the County of Johnson, except private residences leased from the County.
• Within any structure leased by the County of Johnson, providing that this prohibition shall apply only to those areas of the structure actually being leased by the County.
• Within One hundred (100) feet of the front main entrances to the Johnson County Law Enforcement Facility (Jail) and the Johnson County Juvenile Detention Facility.
• Polling places.

Except the Johnson County Law Enforcement Facility and the Johnson County Juvenile Detention Facility, tobacco use may occur at a reasonable distance outside any enclosed area where such use is prohibited, but tobacco use must be accomplished so as to ensure that tobacco smoke does not enter the area through entrances, windows, ventilation systems or any other means.

Persons violating the provisions of this ordinance shall be subject to the penalty imposed for a Class C infraction, as set forth in Indiana Code 34-28-5-4. Accordingly, this ordinance shall be enforced by the provisions of Indiana Code 34-28-5.

This ordinance shall be in full force and effect and after the 15th day of October 2001.

Enacted by Commissioners James F. Rhoades and William F. Walker.

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