Derby Clean Indoor Air Ordinance
Frequently Asked Questions
When does the ordinance go into effect?
September 1, 2008.
Where is smoking regulated?
Smoking is prohibited in all public places and places of employment.
Public place: any area, other than a private place, to which the public is permitted or invited. Please reference page 3 of Ordinance 1946 for a complete list.
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 areas, auditoriums, classrooms, conference/meeting rooms, private offices, elevators, hallways, employee lounges, eating areas, stairs and restrooms; and any area outside of any such enclosed area and located within 20 feet of a main entrance or ventilation system air intake unit.
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.
Where is smoking not regulated?
Smoking is not regulated in private places, except when used as a childcare, adult day care or health care facility. The ordinance defines “private place” as any enclosed area in which the public is not permitted or invited, including but not limited to, personal residences or personal motor vehicles. A privately owned business, open to the public, is not a private place.
Smoking is also not regulated in outdoor places of employment. Outdoor places of employment that fall within the 20 foot smoke-free buffer zone around a main entrance or ventilation system air intake unit, such as a patio area of a restaurant, are still required to be smoke-free.
How can businesses and employers become compliant?
Post Signage: In a building where smoking is prohibited, owners must clearly post a “No Smoking” sign using either bold lettering at least one inch in height or the international “No Smoking” symbol. FREE signs are available to print at your convenience.
Post a Notice: Employers are required to post and distribute a notice to all employees and prospective employees. Sample notice:
Smoking is prohibited in all places of employment located in the City of Derby, including outside areas within 20 feet of a main entrance or ventilation system air intake unit. (Print notice).
Take Action: Employers are required to 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?
A person who smokes in an area where smoking is prohibited by the provisions of the ordinance shall be guilty of a public offense, punishable by a fine not exceeding $50.
Any owner, manager, operator or person who otherwise controls the use of any premises subject to regulation under the ordinance who fails to comply with all of its provisions shall be guilty of a public offense, punishable by:
- A fine not exceeding $100 for the first violation.
- A fine not exceeding $200 for a second violation within one (1) year after the first violation.
- A fine not exceeding $500 for a third or subsequent violation within one (1) year after 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 upcoming change 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. Derby City Hall is located at 611 Mulberry Rd., Derby, KS 67037
Questions or comments? Contact the Web Manager.
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