ORDINANCE NO. BL2016-205

An ordinance amending Chapter 10.18 of the Metropolitan Code to prohibit smoking on the grounds of outdoor amphitheaters with a seating capacity of at least six thousand (6,000) owned or operated by The Metropolitan Government of Nashville and Davidson County.

WHEREAS, T.C.A. § 39-17-1551(a) provides that cities, counties and counties having a metropolitan form of government may regulate the use of tobacco products in buildings owned or leased by the political subdivisions; and

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 swimming pool owned or operated by such local government or an outdoor amphitheater with a seating capacity of at least six thousand (6,000) owned or operated by such local government; and

WHEREAS, the Metropolitan Council has received requests from constituents asking that the restriction on smoking be enacted at outdoor amphitheaters in Nashville & Davidson County, as now authorized; and

WHEREAS, in the interest of protecting public health, the Metropolitan Council deems it appropriate to prohibit smoking at outdoor amphitheaters in Nashville & Davidson County.

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 deleting Section 10.18.045 in its entirety and in lieu thereof substituting the following:

10.18.020 - Smoking prohibition.

Smoking is prohibited inside all metropolitan government buildings and on the grounds of all outdoor amphitheaters with a seating capacity of at least six thousand (6,000) owned or operated by the metropolitan government. Smoking is also prohibited in all non-enclosed areas of public spaces where smoke can infiltrate into a metropolitan government building.

Section 2. This Ordinance shall take effect July 1, 2016 or from and after its passage, whichever occurs later, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Dave Rosenberg, Sheri Weiner, Freddie O'Connell, Sharon Hurt, Colby Sledge

AMENDMENT NO. 1
TO
ORDINANCE NO. BL2016-205

Mr. President –

I move to amend Ordinance No. BL2016-205 as follows:

I. By amending Section 1 by deleting the reference to “Section 10.18.045” in the first sentence thereof, and substituting therefore the following: “Section 10.18.020”.

Sponsored by: Dave Rosenberg

LEGISLATIVE HISTORY

Introduced: April 19, 2016
Passed First Reading: April 19, 2016
Referred to: Health, Hospitals, and Social Services Committee
Amended: May 3, 2016
Passed Second Reading: May 3, 2016
Referred to: Convention, Tourism, and Public Entertainment Facilities Committee
Passed Third Reading: May 17, 2016
Approved: May 18, 2016
By: Mayor's signature

Requests for ADA accommodation should be directed to the Metropolitan Clerk at 615/862-6770.