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The voter-approved ordinance replaces one that the Liberty City Council put in place earlier this year that “prohibited smoking in certain places in the City of Liberty.” The new ordinance, which is available in its complete and original form at www.ci.liberty.mo.us/SmokingOrdinance, prohibits smoking in enclosed spaces of employment and public places.

With the new ordinance, smoking is banned in all City of Liberty (municipal) facilities and on all City-owned property, including, but not limited to, City Hall, the Liberty Community Center, Fountain Bluff Sports Complex and Liberty parks and trails. Smoking also is not allowed within 25 feet of any entrance to any City-owned, indoor facility.

The new ordinance also prohibits smoking in enclosed places of employment and all enclosed public places. “Enclosed” is defined as a space bound by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms, all space therein screened by partitions, which do not extend to the ceiling or are not solid, “office landscaping” or similar structures and hallways.

The ordinance does not regulate smoking in private residences that do not serve as enclosed places of employment or enclosed public places. It allows hotels and motels to permanently designate 25 percent of their rooms as smoking rooms.

The new, voter-approved ordinance specifies the penalties for violations:

(1) A person who smokes in an area where smoking is prohibited will be subject to a fine not exceeding $50 for each violation.

(2) A person having control of a public place or place of employment and who fails to comply with the provisions of this ordinance will be subject to the following:

a. A fine not exceeding $100 for a first violation.

b. A fine not exceeding $200 for a second violation within one year.

c. A fine not exceeding $500 for a third or subsequent violations within a one-year period.

d. Each day on which a violation of this ordinance occurs shall be a separate and distinct violation.

The new ordinance language was placed on the ballot after citizens submitted a petition with 1,073 signatures requesting that the smoking ban issue be put forward to the voters.

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