As you will recall, the revisions detailed below are a result of the discussion at the January 21, 2020 work session.
The first ordinance amends Chapter 16, Offences, Article IV, Smoking in public places and places of employment, Section 16-51, Definitions, to add
the definition of city park; Section 16-54, Prohibition of smoking in outdoor arenas and stadiums, to add smoking prohibition in city parks and to amend smoking designated areas to permitted special events.
The second ordinance amends Chapter 17, Parks and recreation, Article III, Special Events, Section 17-50, Application for permit, Subsections (b)(12)
and (c)(13) of the Code of Ordinances to require special event permit holders to designate whether or not a designated smoking area will be included for the event; limits the designated area to twenty-five (25) percent of the total permitted area; and specifies it be placed where event attendees do not have to pass through the designated smoking section t gain access to the non-smoking area.
SUMMARY: AN ORDINANCE AMENDING ARTICLE 'J-SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT, SECTION 16-51 . DEFINITIONS, TO ADD DEFINITION OF CITY
PARK; SECTION 16-54. PROHIBITION OF SMOKING IN OUTDOOR ARENASAND STADIUMS, TO ADD SMOKING PROHIBITION IN CITY PARKS AND TO AMEND SMOKING DESIGNATED AREAS TO PERMITTED SPECIAL EVENTS, OF CHAPTER 16 oFFENsEs OF THE CODE OF ORDINANCES OF THE CITY OF HENDERSON, KENTUCKY
WHEREAS, the Board of Commissioners deems it necessary and appropriate to amend its existing ordinance pertaining to smoking in public places and
places of employment to add a definition of a city park; to add smoking prohibition in city parks; and to amend the smoking designated option to permitted special events in city parks to allow a designated smoking section.
Business means a sole proprietorship, partnership, joint venture, corporation, or other business entity, either for profit or not for profit,
including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered; and private clubs.
Enclosed area means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows (exclusive of doorways), which
extend from the floor to the ceiling.
Health care faciliffl means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other
medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including treatment facilities for drug addiction, alcoholism, and the like, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities.
Citv park: All public recreation areas within locations designated and owned by the City of Henderson as a park including, but not limited to all
ballparks, stadiums, basketball courts, tennis courts, pickle ball courts, skate parks, swimming pools, water features, bicycle trails, walking trails, nature trails, recreational facilities, park shelters, and all public areas of parks and other similar places owned or operated by the city where members of the general public assemble for recreational enioyment, to engage in physical exercise, participate in athletic competition or witness sports or other events. It does not include the Bridges of Henderson Golf Course, nor adjacent parking lots to any public park.
Place of employment means an area under the control of a public or private employer that employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, 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.
Private club means an organization, whether incorporated or not, which is the owner, lessee, or occupant of a building or portion thereof used
exclusively for club purposes at all times, which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs and management of the organization are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. The organization has established bylaws and/or a constitution to govern its activities. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. section 501.
Public place means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars,
educational facilities, health care facilities, hotel and motel lobbies, laundromats, polling places, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private club is a public place when being used for a function to which the general public is invited. A private residence is not a public place unless it is used as a childcare, adult day care, or health care facility.
Retail Vapor Store - A retail store devoted primarily to the sale of any vapor or electronic smoking product, including but not limited to
e-cigarettes, e-cigars, e-pipes, e-hookah, or vapor pen, or under any other product name or descriptor and accessories, including any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic smoking device and in which the sale of other products is incidental. The sale of other such products shall be incidental.
Smoking means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product, or any other lighted
substance, whether otherwise legally possessed or consumed such as marijuana, in any manner or in any form. Smoking also includes the use of a vapor product which creates a mpor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking in this section.
Vapor product means any noncombustible product that employs a heating element, battery, power source, electronic circuit, or other electronic,
chemical, or mechanical means, regardless of shape of size and including the component parts and accessories thereto, that can be used to deliver vaporized nicotine or other substances to users inhaling from the device. Vapor product includes but is not limited to any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, e-hookah or similar product or device and every variation thereof, regardless of whether marketed as such, and any vapor cartridge or other container of a liquid solution or other material that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar product or device.
Time limit and deadline. A person or entity seeking a special event permit or a special event with alcohol permit shall file an application with the
city manager at least ninety (90) days prior to the date of such event. A completed application does not constitute approval of the permit. A waiver of application deadline may be granted upon a showing of good cause at the discretion of the city manager; and, if there is sufficient time to process and investigate the application, and arrange police and other city services for the event. Special event permit application (without alcohol). The application for the special event permit shall set forth the following information: The name, address and telephone number of the person seeking permission to conduct a special event. If the special event is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the organization's authorized representatives and responsible heads of such organizations. The name, address and telephone number of the person who will be the event coordinator who will be responsible for its management. The date or dates when the special event is to take place. The area where the special event or route is to take place. The hours when the special event will start and terminate.
(3) Thenarne,addressandtelephonenurnberofthepersonwhowillbetheeventcoordinatorwho will be responsible for its management. The date or dates when the
special event is to take place. If alcohol will be consumed at the special event, then a site plan of the proposed event, including any area where alcohol will be served and consumed and indication where the controlled entry/exit will be and where the boundaries of the enclosure will be located, and a description of the enclosure.
(12) A copy of all necessary state and local licenses from alcohol beverage control issued for the event (the licenses can be provided after
conditional approval for the special event with alcohol permit is given). Proof that all individuals who will be serving alcohol at the event have completed S.T.A.R. (Server Training in Alcohol Regulations).
(13) Designatewhethertheeventinacityparkwill[ a a , a c?a:irilricg sirJarsthar ;+ iiz;ffl] have a designated smoking section and the location of such
smokingT)-I?N section. The designated smoking section cannot exceed twenty-five percent (25 ) of the total outdoor area of the permitted area and should be placed where event attendees do not have to pass through the designated smoking section to gain access to the non-smoking area.
Pursuant to direction given at the January 28, 2020 meeting, staff drafted amendments to the parking ordinance adopted November 19, 2020 that was to
sunset February 29, 2020. The attached ordinance makes the change to three (3) hour parking permanent and increases the evading time limitations violation (scatter) from five (5) times in a one- week period to seven (7) times.
, a ], unless otherwise designated for a shorter period of time by the city manager or unless the motor vehicle has a valid residential parking
permit affixed to its rear window, between the hours of 8:00 a.m. and 5:00 p.m. of any day, except Saturday, Sunday and legal holidays, in the marked parking spaces on those sections of public streets in the downtown area as follows:
*Third Street-From Main Street to Green Street on the north side of the street; *Water Street-From Washington Street to Third Street; aMain
Street-From Washington Street to a point approximately two hundred fifteen (215 ) feet north of Third Street on the west side of the street; aMain Street-From Washington Street to a point approximately two hundred twenty (220) feet north of Third Street on the east side of the street; *Elm Street-From the entrance of the Municipal Center to a point approximately ninety-three (93) feet north of Third Street on the west side of the street; aElm Street-From Center Street to a point approximately seventy (70) feet north of Third Street on the east side of the street; and
(b) On Saturdays and Sundays from May 1 to September 30, and on Memorial Day, Independence Day, and Labor Day, no motor vehicle shall be parked or
allowed to stand unattended in the Second Street Boat/Watercraft Trailer Parking Area except for boat/watercraft trailers or vehicles with a watercraft roof rack carrier that have affixed a current boat/watercraft trailer parking sticker issued pursuant to division 2, boat/watercraft trailer parking permit of chapter 25, waterways, or motor vehicles parked in spaces designated by signs as Playground Parking. For all other days, between the hours of 8 :OO a.m. and s :OO p.m. of any day (except as designated above), it shall be unlawful for any motor vehicle to be parked for a period longer than three (3) consecutive hours[?? 'qma;rirl ri'F T)?? 1 ')Jll Q 6raiigh T;;ehriia'rsr '10 'lrl'ln a'ar3 'ffiag;titi;tig rit> h6rirrAa 1 'l(l'l(lhiro (Q 'l
a ], unless otherwise designated for a shorter period of time by the city manager or designated by signage in the marked parking spaces anywhere
within the Second Street Boat/Watercraft Trailer Parking Area, except for motor vehicles towing boat/watercraft trailers or vehicles with a watercraft roof rack carrier that have affixed a current boat/watercraft parking sticker issued pursuant to division 2, boat/watercraft trailer parking permit of chapter 25, waterways, of this Code.
(c) The Second Street Boat/Watercraft Trailer Parking Area as used herein is that paved area extending west from Water Street on a line with Second
Street, then north on the connector road mnning along the Ohio River, and then east on a line with Third Street to Water Street. Legal holidays as used herein means New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, day after Thanksgiving, Christmas Day, and the day before or the day after Christmas Day, as designated by the city manager.
Sec. 22-63. - Evading time limitations prohibited. It shall be unlawful to move a vehicle from one (1 ) space to another for the purpose of evading
time limitations on parking. Therefore, if a vehicle is shown by the electronic marking device used by the city's parking enforcement officer to have occupied parking spaces within the stated regulated areas
As you may recall, Henderson Municipal Gas submitted a Technical Assistant Grant to Pipeline and Hazardous Materials Safety Administration (PHMSA)
for the purpose of aiding safety efforts, specifically methane leak detection. HMG has been awarded the grant which will provide for the purchase of methane laser equipment in addition to infrared detecting equipment. HMG will be receiving one laser unit and one infrared unit. The Henderson Fire Department will receive the other two laser units. Training by the manufacturer is included in the grant.