City Council from time to time, on its own motion, or at the recommendation of City staff proposes to amend, change, or modify text in any portion of the Code of Ordinances.  It is generally considered good practice to periodically review and update the ordinances.  The Code of Ordinances, Chapter 34, Article IV Smoking In Public places was last updated in 2011 and recently reviewed to evaluate the change in smoking behaviors.  Smoking has evolved since the last ordinance update with the use of electronic smoking devices, vaping devices and the continued use of tobacco smoking, which has prompted the proposed changes.

Electronic cigarettes and vaping devices contain nicotine, toxic chemicals, and are associated with lung and cardiovascular diseases. Brief exposure to secondhand smoke can cause health risks so prohibiting smoking indoors in certain areas can improve air quality and reduce exposure to second-hand smoke. 
  
The proposed ordinance amendments add definitions to provide greater clarity. They also add prohibitions for the smoking of E-cigarettes and vaping where the smoking of cigarettes is prohibited. The addition of a signage requirement, as is currently required under State Law, for areas where smoking is prohibited will all City Staff to enforce this requirement.  

Staff is proposing to remove the prohibition on smoking within 25 feet of any public entrance or exit from an enclosed facility. It has been noted that many areas outside of buildings where people smoke are within 25’ of the door. Staff is recommending leaving it up to the owner/operator to determine how far from a door or entrance they want to prohibit smoking – if at all.  Finally, the removal of Article VI-Illegal Smoking Materials in its entirety as state law addresses illegal smoking materials already enforced by licensed peace officers. 

Parks, Police, Planning, Library, City Managers Office and Legal were included in the review of the proposed ordinance changes. Any comments from departments were incorporated into the ordinance document attached. Additional recommendations from the American Heart Association have been included. 

The proposed revisions will bring the Code of Ordinances into alignment with State Law and consistent with surrounding municipalities. 
 

Article IV
Sec 34-89 Definitions	Adding language to match the State certificates and current name. Adding definition Bar, E-cigarette, Enclosed Area, Private club, Restaurant, Retail Tobacco Store, and Vaping  Adding to Smoke or smoking meaning
Sec 34-91 Smoking in public places generally prohibited, and other offenses	Revision to subsection (1), (2), and (4) Removing subsection (5)
Sec. 34-92	Revision to section.  Sec. 34-92 moved to Sec. 34-94
Sec 34.93 Certain places exempt	Addition to subsection (1) (3) and (4)  Revision to subsection (b)(1). Removing subsection (5), (6), (7), and (8)
Sec 34-94 Prohibition of smoking in places of employment	Addition to subsections (1) and (2)  Removal of subsections (3) and (4) Sec. 34-94 moved to Sec. 34-92
Sec 34-95 Disposition of filters	Removal of Sec 34-95
Sec 34-96 Penalties	Revision to penalties
ARTICLE VI.-ILLEGAL SMOKING MATERIALS	Removal of Article VI.

To amend the code of ordinances to be consistent with State and Federal Law as well as with business practices and community goals in order to maintain sound, stable and desirable business practices. 

It is the City’s desire to promote health and safety conditions for all establishments. 

The requirements in the municipal code are to promote the health and welfare of the city as a whole. The proposed updates to the ordinance will keep the city in line with State and Federal Laws as well as current smoking trends.  For these reasons, the staff is recommending approval of the proposed amendments. 

Approval of Ordinance 24-H-07.
Schertz City Council met on May 7, 2024, and approved Ordinance 24-H-07 as presented with a 6-0 vote.