ORDINANCE NO. BL2008-331

An ordinance amending Chapter 10.18 of the Metropolitan Code of Laws pertaining to the prohibition of smoking in Metropolitan buildings.

WHEREAS, the Metropolitan Code of Laws presently establishes the prohibition of smoking in metropolitan government buildings; and,

WHEREAS, the applicable Code provisions should be revised so as to conform to the Tennessee Non-Smoker Protection Act, Tenn. Code Ann. §§39-17-1801-1810 (2007), which went into effect October 1, 2007.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That the Metropolitan Code of Laws Section 10.18.010 is hereby amended by deleting Section 10.18.010 and substituting in lieu thereof the following language.

10.18.010 Definitions.
For the purposes of this chapter, the words and phrases herein shall have the following meanings:

"Metropolitan government building" means any structure or enclosed area owned by the metropolitan government including the field and the stadium bowl owned by the Sports Authority of the Metropolitan Government, including those portions of buildings owned by other entities which are rented or leased by the metropolitan government, except that the term “metropolitan government building” does not include:
(a) housing or residences under the operation and control of the Metropolitan Development and Housing Agency; and
(b) office space rented or leased by the metropolitan government to private, nongovernmental tenants with three (3) or fewer employees, where smoke from the rented or leased office space cannot infiltrate into an area where smoking is prohibited.

“Enclosed area” means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to ceiling.

"Smoking" means the burning of a lighted cigarette, cigar, pipe or any other matter or substance which contains tobacco.

Section 2. That the Metropolitan Code of Laws Section 10.18.020 is hereby amended by deleting Section 10.18.020 and substituting in lieu thereof the following language.

10.18.020 Smoking Prohibition.
Smoking is prohibited inside all metropolitan government buildings. Smoking is also prohibited in all non-enclosed areas of public spaces where smoke can infiltrate into a metropolitan government building.

This ordinance shall take effect thirty (30) days after its final passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Keith Durbin

LEGISLATIVE HISTORY

Introduced: October 21, 2008
Passed First Reading: October 21, 2008
Referred to: Health, Hospitals and Social Services Committee
Passed Second Reading: November 18, 2008
Passed Third Reading: December 2, 2008
Approved: December 9, 2008
By: