View the PDF version Google Docs PDF Viewer
CITY OF MUSKEGON
SMOKING POLICY
A. Purpose
1. To protect the indoor air quality of City of Muskegon facilities and vehicles.
2. To protect the public health and welfare by prohibiting smoking in enclosed areas of City
facilities.
3. To recognize that where the needs of smokers and nonsmokers conflict, the need to breathe
smoke free air has priority.
B. Policy
1. Smoke Free
City of Muskegon facilities and vehicles shall be entirely smoke free.
2. Prohibitions
Smoking will be strictly prohibited within all work areas and public spaces including:
a) Conference Rooms
b) Reception areas
c) Restrooms
d) Stairwelis
e) Hallways
f) Lobbies
g) Entryways
h) Work stations of all fully enclosed city facilities
i) Within all city vehicles
j) Leased offices within a city facility
3. Exceptions
Smoking shall be allowed in facilities, which are owned by the City of Muskegon, but are
leased in their entirety to another entity.
4. No Smoking Statement
SMOKING PROHIBITED IN THIS BUILDING PURSUANT TO THE MICHIGAN CLEAN INDOOR AIR
ACT P.A. AS AMENDED P.A.294, 296 AND 315 AND PURSUANT TO THE CITY OF MUSKEGON
NO SMOKING POLICY.
5. Prominent Signs
Prominent signs displaying the no smoking statement will be posted at all entrances and
throughout each fully enclosed city facility.
6. New Employees
New Employees will receive a copy of this policy by department heads or supervisors.
Revised September 2015
C. ENFORCEMENT OF POLICY
1. All Persons
This policy require the cooperation of smokers and nonsmokers. Employees, clients,
contractors, and all visitors are responsible to comply and enforce the policy.
2. Reporting Violations
a) Persons observing a violation of this article may bring it to the attention of a supervisor,
department head or the City of Muskegon Police Department.
b) Any person may bring legal action to enforce this article, notwithstanding any other
provision of this article.
c) Employees observing a violation of this policy should bring it to the attention of their
immediate supervisor.
3. Immediate Supervisor
Immediate supervisors receiving a complaint will investigate and take action to resolve the
issue as soon as possible.
4. Violations and Penalties
a) {tis unlawful for any person who manages, operates or otherwise controls the use of
any premises owned by the City of Muskegon to fail to comply with any of this article’s
provisions.
b) Any person who violates any provision of this article shall be guilty of an infraction,
punishable by:
(1) First Violation: Fine not exceeding one hundred dollars ($100.00). Person given copy
of smoking policy at no cost to the violator.
(2) Second violation within one year of the first violation: Fine not exceeding two
hundred dollars ($200.00).
(3) Each additional violation within one year of the previous violation: Fine not
exceeding five hundred dollars ($500.00).
Definitions, Severability, and other laws
Definitions
a) The following words and phrases, whenever used in this article will be construed as
defined in this section.
b) Employee: Any person that the City of Muskegon employs and receives direct or indirect
monetary wage from the City of Muskegon or volunteers his or her services to the City.
c) Employer: City of Muskegon
d) Enclosed areas: All space between a floor and ceiling which a solid wall or window
encloses on all sides, and extends from the floor to the ceiling, including all space
therein screened by partitions which do not extend to the ceiling or are not solid.
e) Smoking: The use of any tobacco product, including but not limited to: Inhaling,
exhaling, burning or carrying any lighted cigar, cigarette, weed, plant, or other
combustible substance in any manner or in any form.
f) Severable: Ability to exist with certain portions extracted.
Revised September 2015
g) “Tobacco Product” means any product containing, made or derived from tobacco that is
intended for human consumption. Tobacco products include, but are not limited to,
cigars; little cigars; cheroots; periques; granulated, plug cut, crimp cut, ready rubbed,
and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine-
cut and other chewing tobacco; shorts ; refuse scraps, clippings, cuttings and sweepings
of tobacco, cigarettes, and other kinds and forms of tobacco. Tobacco Product also
includes electronic cigarettes. Tobacco products excludes any tobacco product that has
been approved by the USFDA for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is being marketed and sold
solely for such an approved purpose.
1. Severability
If any provision, clause, sentence, or paragraph of this article or the application there of to
any person or circumstances shall be held invalid, such invalidity shall not affect the other
provisions of this article. This article can be given effect without the invalid provisions or
application, and to this end the provision of the article are declared to be severable.
2. Other Application Laws
This article shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
Adopted - 1993
Amended November 10, 2015
Revised September 2015
Sign up for City of Muskegon Emails