ORDINANCE NO. BL2012-115

An ordinance amending Chapter 10.18 of the Metropolitan Code to prohibit smoking on hospital grounds and within the public right-of-way in the vicinity of hospital entrances.

WHEREAS, T.C.A. § 39-17-1551 was recently amended by the Tennessee General Assembly to authorize the Metropolitan Council by ordinance to prohibit smoking on the grounds of a hospital or in the public areas immediately outside of a hospital building and its entrances, including public sidewalks; and

WHEREAS, T.C.A. § 39-17-1551(b)(2) provides that such ordinance may prohibit smoking by a distance of up to fifty (50) feet from a hospital's entrance unless the application of a fifty foot limit would place hospital patients in a potentially unsafe condition, in which case the fifty foot limit shall be extended to such distance as is necessary to ensure patient safety as determined by the local government's legislative body in consultation with representatives of any hospitals that are subject to the ordinance; and

WHEREAS, the Metropolitan Council has received written requests from certain hospitals asking that the fifty foot limitation be extended to two hundred (200) feet in the vicinity of their hospitals; and

WHEREAS, in the interest of protecting public health, the Metropolitan Council deems it appropriate to prohibit smoking on hospital property and within the public areas described herein.

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

Section 1. That Chapter 10.18 of the Metropolitan Code is hereby amended by adding the following new Section 10.18.045:

Smoking on and near hospital property prohibited.
A. Smoking is prohibited on all hospital property and in the public right-of-way located within fifty (50) feet of the entrance to a hospital.
B. In addition to the prohibitions included in subsection A, smoking is prohibited in the following public areas, provided signs are posted in such areas designating them as nonsmoking:
1. Within two hundred (200) feet of all entrances to the following Vanderbilt University Hospital Facilities:
a. Vanderbilt University Hospital located at 1211 Medical Center Drive
b. Vanderbilt Clinic located at 1301 Medical Center Drive
c. Medical Center East - North Tower located at 1215 21st Avenue South
d. Medical Center East - South Tower located at 1212 21st Avenue South
e. Medical Center North located at 1161 21st Avenue South
f. Monroe Carrell, Jr. Children's Hospital at Vanderbilt located at 2100 Children's Way
g. Vanderbilt Psychiatric Hospital located at 1601 23rd Avenue South
h. Medical Arts Building located at 1211 21st Avenue South
i. Vanderbilt Stallworth Rehabilitation Hospital located at 2201 Children's Way
2. Within two hundred (200) feet of all entrances to the following Saint Thomas Health facilities:
a. Saint Thomas Hospital located at 4220 Harding Road
b. Saint Thomas Heart located at 4230 Harding Road
c. Baptist Hospital located at 2000 Church Street
d. Baptist Hospital Sports Medicine located at 2011 Church Street
e. Saint Thomas Heart at Baptist Hospital located at 222 22nd Avenue North
f. Center for Breast Health at Baptist Hospital located at 300 20th Avenue North
g. Center for Spinal Surgery at Baptist Hospital located at 2011 Murphy Avenue

Section 2. This Ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Burkley Allen, Edith Taylor Langster, Jason Holleman, Erica Gilmore

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2012-115

Madam President:

I move to amend Ordinance No. BL2012-115 by adding the following provision at the end of Section 1:

“3. Within two hundred (200) feet of all entrances to Nashville General Hospital’s facilities located at 1818 Albion Street.”

Sponsored by: Burkley Allen, Edith Taylor Langster, Jason Holleman

LEGISLATIVE HISTORY
Introduced:	March 6, 2012
Passed First Reading:	March 6, 2012
Referred to:	Health, Hospitals and Social Services Committee
Amended:	March 20, 2012
Passed Second Reading:	March 20, 2012
Passed Third Reading:	April 3, 2012
Approved:	April 4, 2012
By: