TITLE
An Ordinance of the County of Allegheny approving adoption of the Allegheny County Health Department's Rules and Regulations, Article IV, Smoking Regulations.
BODY
Whereas, as a means of achieving better air quality for the citizens of Allegheny County, the Allegheny County Board of Health (“the Board”), desires to adopt Article IV in order to reduce second hand smoke and its possible harmful effects on the pubic health and adopted said regulation as its meeting of March 7, 2007, and
Whereas, Allegheny County Council adopted Ordinances 23-06 and 34-06 regulating smoking in public pursuant to authority under the Home Rule Charter; and
Whereas, the Local Health Administration Law, Pa. Stat. Ann. tit. 16, § 12001 et seq., provides for the submission of proposed health regulations or the amendment of existing health regulations to a County for approval and rejection; and
Whereas, in compliance with the Local Health Administration Law, the Director of the Allegheny County Health Department, on behalf of the Board, has submitted the proposed Regulation Article IV to the Allegheny County Council with the recommendation that the County should approve the amendment.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of Preamble
The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein as findings of fact made by Council.
SECTION 2. Approval of Adoption of Article IV of Health Department Rules and Regulations.
Pursuant to the Local Health Administration Law, County Council does hereby approve the adoption of Allegheny County Rule and Regulation Article IV, Smoking Regulations, adopted by the Board on March 7, 2007 that is attached to this Ordinance.
SECTION3. Submission of Adoption of Article IV to Appropriate State and Federal Authorities.
The Director, on behalf of the Board, is hereby authorized to submit the attached adoption of Article IV to the Pennsylvania Department of Environmental Protection and the United States Environmental Protection Agency.
SECTION 4. SEVERABILITY. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall continue in full force and effect.
SECTION 5. REPEALER. Any Resolution and Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.
SUMMARY OF LEGISLATION
The attached legislation would adopt regulations enacted by the Health Department in furtherance of the smoking ban ordinance.