Derby Clean Indoor Air Ordinance
Frequently Asked Questions
When did the ordinance go into effect?
September 1, 2008. On July 1, 2010, Derby's ordinance was updated to comply with State law.
Where is smoking regulated?
Smoking is prohibited in all public places and places of employment and within 20 feet of any main entrance or ventilation system air intake point.
Public place: any enclosed area that the public is permitted or invited into, and includes retail stores, professional offices, home day care, public transportation, restaurants, etc.
Place of employment: any enclosed area under the control of a public or private employer and which employees normally frequent during the course of employment, including, but not limited to, work offices, elevators, hallways, employee break rooms, stairs, restrooms, and all other enclosed areas where employees normally frequent. This also includes outside areas within 20 feet of a main entrance.
A private residence or home-based business is not a place of employment unless used as a child care, adult day care or health care facility.
Are there exemptions?
The following places are specifically excluded from the ordinance:
- Private residences, except when used as childcare, adult day care or as a health care facility.
- Outdoor places of employment and public places so long as they are outside of the 20-foot smoke-free buffer zone around any main entrance and the 10-foot buffer zone around any window, air intake, or other doorway leading into a building.
- Outdoor patios, dining areas, and courtyards located at least 20 feet from any main entrance or ventilation system air intake point and posted as a smoking area.
- Vehicles.
How can businesses and employers become compliant?
Post Signage: Post signs at conspicuous places reading "No Smoling" and the international no smoking symbol. Free signs are available.
Post a Policy: Adopt and maintain a written smoking policy prohibiting smoking in the place of employment. Communicate the policy to employees upon hiring. Print a sample policy.
Action: Inform any person who is smoking in a nonsmoking area that he/she is in violation of the ordinance. If the violation persists, use the same measures for anyone not following house rules or other local or state laws.
What is the fine for a person/business who violates the ordinance?
Patrons who violate the ordinance are subject to a fine, as is the business manager or other person responsible for the property at the time of teh violation. Here is the fine schedule:
- Up to $100 for the first violation.
- $200 for the second violation within one year of the first violation.
- $500 for each additional violoation within one year of the first violation
In addition to the fines, a violation may result in the suspension or revocation of any City permit or license issued for the premises on which the violation occurred.
What should I do if I am a patron in a smoke-free establishment and someone lights up?
Immediately and discretely draw the attention of the establishment’s management or an employee to the offense. They are responsible for initially addressing the violation. After they address the situation, please convey your appreciation for their efforts and for providing you with a smoke-free establishment.
If, however, you feel like management failed to adequately address the situation, you may call the Derby Police Department’s non-emergency hotline at (316) 788-1557 to report the violation and management’s inability or unwillingness to rectify the offense. Your complaint will be recorded and investigated by the Derby Police Department.
What should I do if I manage or am an employee of a smoke-free establishment and a patron lights up?
Business owners can help their customers comply with a no-smoking policy by removing ashtrays, posting “No Smoking” signs, and discussing the policy with patrons ahead of time.
If a patron should light-up in the business, the business owner or facility manager is empowered to ask the patron to extinguish the cigarette. A simple explanation of “Sorry! City ordinance!” often suffices.
While other communities that have adopted similar ordinances have found that the vast majority of patrons readily comply, on the occasion that a patron should insist on violating the ordinance, the business owner is empowered to take the same measures as they would for anyone violating house rules or other local or state laws including refusing service, escorting the person from the business, and reporting the incident to law enforcement.
Check out the law yourself
Any summary provided on the Derby Clean Indoor Air Ordinance is not intended to be comprehensive or provide an authoritative legal interpretation. For more detailed information about the ordinance, please refer to the actual text of the law.
To obtain a paper copy of the ordinance, please visit City Hall located at 611 Mulberry Road (8 a.m. – 5 p.m., Monday through Friday).
For more information, contact City Hall at (316) 788-1519.
Questions or comments? Contact the Web Manager.
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