Non Smoker Protection Act Effective October 1

The Non-Smoker Protection Act is effective October 1, 2007. The Act will affect almost all areas, including restaurants, offices and work places. Some Common Questions and Answers are posted below along with a link to the actual bill.

Question: Where can I find a copy of the amended bill?Answer: A copy of the bill can be obtained by going to the Web site

www.legislature.state.tn.us/bills/currentga/Amend/HA0739.pdf.

Question: When will this law take effect?

Answer: Public Chapter 410, known as the "Non-Smoker Protection Act", was signed into law by Governor Bredesen on June 11th, and will become effective on October 1, 2007.

Question: Which version of smoke-free workplace bill passed both the House and Senate and was signed by Governor Bredesen?

Answer: House Bill 1851 was passed by the State House of Representatives. The original language of the bill was amended and completely replaced with stronger smoke-free workplace requirements. That amendment is House Amendment No. 2. Senate Bill 1325 passed the State Senate. The language of this bill was amended and replaced with language mirroring HB1851.

Question: Where is smoking prohibited under the new law?

Answer: Under this new law, smoking is prohibited in all enclosed public places within the State of Tennessee with a few exceptions. The smoking ban applies, but is not limited to:

Restaurants

Public and private educational facilities

Health care facilities

Hotels and motels

Retail stores and shopping malls

Sports arenas, including enclosed public areas in outdoor arenas

Restrooms, lobbies, reception areas, hallways and other common-use areas

Lobbies, hallways and other common areas in apartment buildings and other multiple-unit residential facilities

Child care and adult day care facilities

Question: What areas are exempt from the smoking ban?

Answer: The following are exempt from the smoking ban provisions:

Private homes, private residences and private motor vehicles unless used for child care or day care

Non-enclosed areas of public places, including open air patios, porches or decks; any that are enclosed by garage type doors when all such doors are open; and any that are enclosed by tents or awnings with removable sides or vents when all such sides or vents are removed or open (Smoke from these areas must not infiltrate into areas where smoking is prohibited.)

Venues that restrict access to persons who are 21 years of age or older at all times

Private businesses with 3 or few employees, where smoking may be allowed only in an enclosed room not accessible to the general public; smoke from such a room must not infiltrate into areas where smoking is prohibited

Private clubs

Smoking rooms in hotels and motels, provided that no more than 25 percent of the rooms in a hotel or motel can be designated as smoking rooms

Tobacco manufacturers, importers and wholesalers

Retail tobacco stores that prohibit minors

Nursing homes and long-term care facilities, which are subject to the policies and procedures established by those facilities.

Commercial vehicles when the vehicle is occupied only by the operator

Question: Are bars exempt?

Answer: To be exempt under this law, an establishment must restrict access to persons who are 21 years of age or older at all times. This means that bars within restaurants, bowling alleys and hotels must be smoke-free unless the entire establishment limits access to persons 21 or older at all times.

Question: In order to allow smoking, can an establishment be smoke-free during the day, and limit access to 21 and up at night?

Answer: No, an establishment must limit access to patrons 21 and up at all times to be exempt from this law.

Question: Are establishments with separately ventilated smoking rooms exempt?

Answer: No, they are not.

Restaurants and Bar establishments

Question: I operate a restaurant. If I prohibit smoking and allow customers of all ages in the establishment during the daytime hours but at night restrict access to only those who are twenty-one years of age or older, can I allow smoking during the night when no one under 21 will be permitted inside?

Answer: No. An "age-restricted venue" under the Act means a legal establishment that affirmatively restricts access to its building or facilities at all times to persons who are twenty-one (21) years of age or older. An establishment that is age-restricted only at night but allows people of all ages during the daytime hours would not be an establishment that restricts access at all times to persons twenty-one years of age or older.

Question: Will all restaurants be smoke-free?

Answer: All restaurants in Tennessee will be smoke-free unless they choose to limit access to people 21 and older at all times. This includes restaurants with bars, as well as chain and hotel restaurants. Restaurants can allow smoking on outdoors patios.

Question: I know that I have to prohibit smoking in my restaurant, but can I build a smoking room in my restaurant with a separate entrance and limit access to that room to smokers twenty-one (21) years of age or older?

Answer: No. A restaurant is a public place and the Act bans smoking in public places. You would have to restrict access to the entire restaurant to people, including employees, twenty-one (21) years of age and older in order to qualify for an exemption.

Question: I own a restaurant. I know that people can smoke in an open air patio. How far from the entrance to the restaurant must my first smoking table be placed?

Answer: The exemption for open air patios still requires you to keep smoke from that area from infiltrating into areas where smoking is prohibited. There is no minimum distance requirement. However, no matter how far away your first smoking table is from an entrance to the restaurant, if any smoke from the patio gets back into the restaurant, then you will be in violation of the Act.

Defining work places

Question: I am a new home builder. I usually have crews of 5 to 10 workers build the new home. Since the home under construction is not a public place can I allow my workers to smoke while working?

Answer: The Act prohibits smoking in enclosed public places and places of employment. The new home under construction is a "place of employment" and therefore comes under the coverage of the Act. As to whether the workers would be prohibited from smoking while building the new home will depend upon when the new home under construction becomes an "enclosed area" under the Act. A site becomes an "enclosed area" under the Act when all space between a floor and ceiling is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to ceiling. Therefore, the new home becomes a "place of employment" that is an "enclosed area" where smoking is prohibited when the ceiling, all walls and windows are installed.

Apartment Complexes

Question: I live in a multi-resident housing complex. If my neighbors are smoking outside on their patio/porch and their smoke infiltrates into my residence through the heating and/or air conditioning unit, is this a violation of the Act?

Answer: No. The Act provides no protection against the secondhand smoke of your neighbor infiltrating into your residence. The Act does prohibit smoking in lobbies, hallways, and other enclosed common areas of apartment building and other multiple-unit residential facilities.

Requirements of Compliance

Question: What is required of employers or business owners?Answer: Employers and business owners are required by law to do the following:

Post "No Smoking" signs at every entrance to every public place and place of employment where smoking is prohibited.

Notify and inform all existing and prospective employees that smoking is prohibited.

Inform patrons and customers who are found smoking on the premises that it is prohibited.

Enforcement and Penalties
Question: Who is responsible for enforcing the smoking ban?

Answer: Both the Tennessee Department of Health and the Tennessee Department of Labor and Workforce Development have authority to enforce the law.

Question: What are the penalties for violating the smoking ban?

Answer: A person who knowingly smokes in area where smoking is prohibited is subject to a civil penalty of $50. A business that knowingly fails to comply with the requirements of this act shall be subject to the following:

For a first violation in a twelve-month period, a written warning from the Department of Health or the Department of Labor and Workforce Development

For a second violation in a twelve-month period, a civil penalty of $100

For a third or subsequent violation in a twelve-month period, a civil penalty of $500
Filing a Complaint

Question: How do I register a complaint about a violation of the smoking ban?

Answer: If you are interested in filing a complaint about a restaurant, hotel, licensed child care or health care facility, contact the Department of Health. Complaints will be accepted beginning October 1, 2007.

Board Of Commissioners October meeting schedule

A ceremony for outgoing Vice-Mayor Stephanie Anderson is schedulcd for 6:00 p.m., Thursday, October 4 prior to the October Board of Commissioners meeting.

Then Randy Nicholson, Mark Hartz and Gerrit Verschuur will take the Oath of Office as Commissioners.

A short reception will be held for Vice Mayor Anderson and the Commissioners after the Oath of Office.

The Regular Meeting will start at 6:30 p.m.

All Lakeland residents are welcome to attend.

Town Hall Meeting date changed

Lakeland residents are reminded that the Town Hall Meeting, which normally is held on the first Board of Commissioners meeting in October has been rescheduled to the November Board of Commissioners Regular Meeting to avoid conflicting with the presentation to the outgoing Commissioner and the Oath of Office ceremony for the new/re-elected Commissioners.

Soliciting in Lakeland

I recently was advised of some confusion concerning door to door "soliciting" in Lakeland. The Ordinance in effect is published below.

Persons noticing illegal soliciting may call the Sheriff at 379-7625.

Section 1:

Chapter 9-201, 9-202 and 9-203 of the Lakeland Municipal Code are deleted in its entirety and replaced by the following:

Chapter 9-201: Selling Prohibited:

It shall be unlawful anywhere in the City of Lakeland, Tennessee, for any person, peddler, huckster, hawker or transient vendor to sell or offer for sale on streets and street right-of-ways, private residences, from motor vehicles, and all types of transportation conveyances, except as allowed elsewhere in the Code, any goods, wares, services or merchandise of any nature.

Chapter 9-202: Panhandling prohibited

It shall be unlawful anywhere in the City of Lakeland, Tennessee to stop a vehicle or approach a stopped vehicle on a public street or roadway and ask for donations of any kind or sell any product standing on said street, roadway, sidewalk or median.

Chapter 9-303: Exceptions:

A. The provisions of this Ordinance shall not apply to bona fide merchants who deliver goods in the regular course of business.

B. Solicitors for charitable, non-profit or religious organizations who go from dwelling to dwelling, business to business, street to street, taking or attempting to take orders for goods, wares and merchandise are exempt from these provisions, provided a Lakeland Permit is obtained, a picture identification is worn at all times and the organization meets the Internal Revenue Service Criteria to qualify as a charitable, non-profit or religious organization.

C. The dispensing of religious pamphlets or other literature which is protected by the United States Constitution under Freedom of Speech, Religion or Press is exempt from this chapter.

D. Campaigning for public office is exempt from this Chapter.

First Reading: May 04, 2006.

Public Hearing: May 22, 2006.

Final Reading: June 01, 2006.

Commissioner David Lillard new Commission Chair

Shelby County Commissioner David Lillard recently took the Oath of Office as Chairman of the Shelby County Board of Commissioners.

Chairman Lillard’s County Commission District includes Lakeland. He is interested in hearing from Lakeland residents and very responsive to needs of Lakeland. I have been very pleased with his awareness of the County impact on Lakeland and the need to represent his District, while he is also aware of the needs of all of Shelby County on the County Commission, especially in his role as Chair of the Commission.

Commissioner Lillard also serves as President of the Tennessee County Commissioners Association for 2006-2007, where he provides statewide leadership for Tennessee’s 1600 County Commissioners in Tennessee’s 95 Counties. Commissioner Lillard is the first Shelby County Commissioner to be elected President since TCCA was founded in 1966.
Commissioner Lillard has represented our District since 2002. His father, David Lillard, is a County Commissioner in Fayette County, Tennessee. They are the only father and son who serve simultaneously as County Commissioners from different Tennessee counties.

Highway 70/Canada Road signal design work to start

The Tennessee Department of Transportation has advised that a design consultant will be selected in three weeks to design the traffic signals at Highway 70 and Canada Road. The actual schedule of construction has not been established.

We will be closely monitoring this process and requesting that TDOT expedite the design and construction of the traffic signals.

The traffic signals will be funded by a safety grant and will be designed and built at no cost to the City of Lakeland. A fully signalized intersection with left hand turns in all directions is being designed.

Status Report of Transportation Projects

The Lakeland Board of Commissioners recently approved an engineering contract to design landscaping and bicycling/pedestrian trails for Canada Road from I-40 to Highway 64. We plan to complete the landscaping in the median this winter (which is the best time to plant landscaping).

The City has applied for an “enhancement grant” to fund these improvements. If the grant is approved, the bicycling/pedestrian trails will be completed within the next year. If it is not approved, the City will use the funds budgeted for matching the grant to landscape the median and the bicycling/pedestrian trails will be funded by a variety of means. Parts of the trail will be constructed by development adjacent to Canada Road, grants and local funding until the entire project is completed.

The City of Lakeland has a number of on-going transportation projects significantly affecting Lakeland residents, especially in the Canada Road corridor. A comprehensive plan is in progress, which will impact all persons using Canada Road.

Major transportation projects are:

I-40 Interchange:

The Tennessee Department of Transportation has approved the design on the I-40 Interchange improvement. A “diamond” design was approved and the Lakeland Board of Commissioners have agreed to provide the extra funds for a “Single Point Urban Interchange”. (An example of a Single Point Urban Interchange is Walnut Grove and Germantown Road. To get the full impact of the Single Point, go east on Walnut Grove and then south on Germantown Road. The “single point” on I-40 and Canada Road will be on the top rather than on the bottom.)

STATUS: Plans being developed. Necessary easements and right-of-way to be acquired around July 1, 2008.

“New Canada Road” from I-40 to Highway 70

This project will create “New Canada Road”. The existing Canada Road will remain, but through traffic will use New Canada Road.

The City is approved for an 80% grant to engineer and build New Canada Road (estimated cost is $10,000,000). The Engineering is starting in the immediate future as soon as final contracts are approved by TDOT.

STATUS: A “Context Sensitive Solution” (CSS) design approach is planned to obtain input on the design of New Canada Road. The City is awaiting approval from the Tennessee Department of Transportation to start on the CSS. This should start in the near future. The CSS approach is to involve all stakeholders along the route of New Canada Road to have the opportunity to be involved in the design phase of New Canada Road.

Traffic Signals at Highway 70 and Canada Road

The Tennessee Department of Transportation has approved this project. We are awaiting final approval from TDOT for design and construction of this project.

STATUS: We expect this project to proceed relatively quickly as soon as the necessary environmental and other requirements are met. Some easements will be required since this will be a full signal with left hand turn lanes.

Beverle Revira extension to Seed Tick

Traffic signals at Beverle Revira/Davies Plantation and Canada Road

The City of Lakeland has funds budgeted to fund the extension of Beverle Revira to Huff &Puff/Seed Tick, thus eliminating the bottleneck at Huff & Puff and Canada Road.

The City has also been approved for a traffic signal at Beverle Revira/Davies Plantation to provide a much better traffic flow.

This project will significantly improve fire/ambulance response to the Lakeland Elementary School area and improve the current bottleneck at Canada Road and Huff and Puff.

Eventually, Beverle Revira Drive will extend from Canada Road to Chambers Chapel Road.

For those persons who are new to Lakeland, Beverle Revira Drive is named in honor Beverle Revira, the first Mayor of Lakeland.

STATUS: Plans have been completed and funds are budgeted for the extension of Beverle Revira Drive. We are currently awaiting final approval of easements.

Funds for the traffic signals have been approved. If we obtain the easements in the near future, the traffic signals will be installed at approximately the same time as the road extension.

Striping/Turn Lanes on Canada Road north of I-40

The City has been approved for state funding to re-stripe Canada Road from I-40 to Green Spruce. This will include striping to provide for improved flow of traffic and include a center turn lane.

The City also plans on installing a right turn lane from Davis Plantation East to the west (Memphis) entrance ramp to I-40 to expedite the flow of traffic going west on I-40

STATUS: This project has been approved for some time and funds are expected to be released in the near future.

Traffic Signals at I-40 and Canada Road

Funding for temporary traffic signals at I-40 and Canada Road have been approved. These signals will replace the “stop” signs and will substantially improve the flow of traffic until the interchange construction is completed.

STATUS: Funding is approved. Final approval is contingent on some final environmental reviews.

When all of these projects are considered as a comprehensive plan, they are a comprehensive solution to the problems in the Canada Road Corridor. Reflecting the regional nature of this Corridor, the projects will be paid for by a combination of Federal, State, County and local funds.

Woodland Park Street Improvements

Woodland Park Addition street improvements are programmed for this budget year to complete the street improvements started last year. The project will include repair of curb and gutter, repairs as needed and then an asphalt overlay of streets needing an overlay.

The areas needing repair are being identified at this time. Curb and gutter repair and some street repair will be required prior to the overlay of streets needing an overlay.

Please don’t hesitate to call City Hall (867-2717) if you have any questions about personnel marking the street repairs etc. In most cases, City personnel will be driving a marked City vehicle, wearing a uniform or have identification badges. PLEASE never hesitate to ask for identification or call City Hall for verification.

The curb and gutter repair and street repairs will be accomplished first followed by the overlay of the streets to be repaired. The schedule will depend on the weather and contractors schedule and amount of repairs necessary prior to the final overlay.