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File #: 2797-06    Version: Name: An Ordinance amending Section 880-1, et seq., of the Allegheny County Code of Ordinances by deleting the restriction applicable to within fifteen feet of the entrance to any Enclosed Area where smoking is prohibited.
Type: Ordinance Status: Approved
File created: 10/10/2006 In control: Committee on Health & Human Services
On agenda: Final action: 11/21/2006
Title: An Ordinance amending Section 880-1, et seq., of the Allegheny County Code of Ordinances by deleting the restriction applicable to within fifteen feet of the entrance to any Enclosed Area where smoking is prohibited.
Sponsors: Chief Executive
Attachments: 1. 36-06-OR Bill No. 2797-06.doc, 2. 36-06-OR.pdf

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An Ordinance amending Section 880-1, et seq., of the Allegheny County Code of Ordinances by deleting the restriction applicable to within fifteen feet of the entrance to any Enclosed Area where smoking is prohibited.

 

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                     WHEREAS, on October 4, 2006, the Chief Executive signed Bill No. 2705-06, which will become effective January 2, 2007 as Sections 880-1 through 880-6 of the Allegheny County Code of Ordinances; and

 

                     WHEREAS, the Chief Executive and County Council believe that the following amendment will clarify the applicability of the recently enacted Allegheny County smoke free legislation to certain locations within the County at which fifteen foot smoke free zones cannot be created outside entrances;

 

 

                     The Council of the County of Allegheny hereby enacts as follows:

 

SECTION 1.                     Incorporation of the Preamble.

 

                     The provisions set forth in the Preamble to this Ordinance are incorporated by reference in their entirety herein

 

SECTION                     2.                     Amendment of Section 880-2.

 

Section 880-2 of the Allegheny County Code of Ordinances is hereby amended as follows:

 

§880-2.  Smoking Prohibited.

 

                                          (a)                     No person shall smoke or possess a lit tobacco smoke producing instrument                                                                                     in any of the following locations, except as provided in Section                                                                                                         880-02(b) of this Chapter:

 

 

                                                               *     *     *

 

                                                               (6)                     Outdoors within five (5) feet of any entrance or in any location that                                                                                                          blocks any entrance to any Enclosed Area in which smoking is                                                                                                          prohibited under the terms of this Section.

 

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SECTION 3.                     Effective Date

 

This Ordinance shall take effect upon the effective date of Ordinance No. 23-06-OR.

 

 

 

SECTION 4.  Severability.  If any provision of the 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 ordinance or any part of an Ordinance conflicting with the

provisions of this Ordinance is hereby repealed to the extent of such conflict.