Derby Clean Indoor Air Ordinance
Frequently Asked Questions
WHO?
The Derby Clean Indoor Air Ordinance (Ord. #1885) affects all members of the public, including patrons, employees, and owners of Derby businesses and public facilities. Be pro-active – get to know the rights and responsibilities you have under the Derby Clean Indoor Air Ordinance.
WHAT?
The Derby Clean Indoor Air Ordinance prohibits smoking in all enclosed
public places and places of employment and within 20 feet of entrances, exits, and air intake ventilation systems. Licensed premises -- any establishment that obtains a cereal malt beverage (CMB) or liquor license for consumption on the premises – are exempt from the ordinance until the City of Wichita passes a similar prohibition; however, owners of licensed premises may choose to go smoke-free at any time.
WHEN?
The Derby Clean Indoor Air Ordinance takes effect on January 1, 2009. As of January 1, 2009, smoking will be banned in all enclosed public places and places of employment in Derby and within 20 feet of entrances, exits, and air intake ventilation systems except for licensed premises (present and future) if Wichita has not yet passed a similar regulation and until it does.
WHERE?
Where is smoking regulated?
Smoking is prohibited in all enclosed public places and places of employment, with the exception of licensed premises being contingent on the City of Wichita passing a similar regulation.
Enclosed area: means all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (except for doors or passage ways) which extend from the floor to the ceiling, including all spaces within that area screened by partitions which do not extend to the ceiling or are not solid, “office landscaping” or similar structures.
Place of employment: means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee break rooms and restrooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a “place of employment” unless it is used as a childcare, adult day care or health care facility.
Public place: means any area, other than those expressly exempted by the ordinance, to which the public is invited or in which the public is permitted, including but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a public place.
Licensed premises: means any premises where alcoholic liquor or cereal malt beverages, or both, is served by the individual drink or otherwise provided for consumption or use on the premises with or without charge. Such term shall include drinking establishments, Class A Private Clubs, Class B Private Clubs, and cereal malt beverage retailers, all as defined by K.S.A. Chapter 41.
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 to which the public is not invited or in which the public is not permitted, 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. Please note: Outdoor places of employment that fall within the 20 foot smoke-free buffer zone around entrances, exits and air intake ventilation systems, such as a patio area of a restaurant, are still required to be smoke-free.
WHY?
Eliminating smoking in public places and places of employment improves and protects the public’s health (including the health of employees), guarantees the right of nonsmokers to breathe smoke-free air and recognizes that the need to breathe smoke-free air has priority over the choice to smoke.
HOW?
Signage: In a building where smoking is prohibited, an owner 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 here.
Policy: Employers must adopt, implement, make known and maintain a written smoking policy, containing the following:
Smoking is prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, and all other enclosed facilities.
Employers must communicate the smoking policy to all employees. Employers must supply a written copy of the smoking policy to any existing or prospective employee if requested.
FINES AND REPERCUSSIONS
A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of a public offense, punishable by a fine not exceeding fifty dollars ($50.00).
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 $100.00 for the first violation.
- A fine not exceeding $200.00 for a second violation within one (1) year after the first violation.
- A fine not exceeding $500.00 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?
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 feel free to 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 next available officer.
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.
You may access the ordinance here. 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? Please email webmaster@derbyweb.com.
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