2013-05-30 Work Session Kodiak Island Borough
Assembly Work Session
Thursday, May 30, 2013, 7:30 p.m., Borough Conference Room
Work Sessions are informal meetings of the Assembly where Assembly members review the upcoming regular meeting agenda
packet and seek or receive information from staff. Although additional items not listed on the work session agenda are discussed
when introduced by the Mayor, Assembly, or staff, no formal action is taken at work sessions and items that require formal
Assembly action are placed on regular Assembly meeting agenda. Citizen's comments at work sessions are NOT considered part of
the official record. Citizen's comments intended for the"official record"should be made at a regular Assembly meeting.
CITIZENS' COMMENTS (Limited to Three Minutes per Speaker)
ITEMS FOR DISCUSSION
1. FY2014 Budget Final Review Including Nonprofit Funding
2. Non-Smoking Ordinance
3. Legal Services Request for Proposal Process
PACKET REVIEW
PUBLIC HEARING
Ordinance No. FY2014-01 Levying Taxes on All Taxable Real and Personal Property Within
the Kodiak Island Borough for the Expenses and Liabilities of the Kodiak Island Borough for the
Fiscal Year Commencing on the First Day of July 2013 and Ending on the Thirtieth Day of June
2013 (Fiscal Year 2014 Budget).
Ordinance No. FY2013-01C Amending Ordinance No. FY2013-01 Fiscal Year 2013 Budget by
Amending Budgets to Account for Various Revenues that are Over Budget, Provide for
Additional Expenditures, and Move Funds Between Projects.
State of Alaska Alcoholic Beverage Board Liquor License Application for Transfer of
Controlling Ownership (Licensee/Applicant: Kodiak Rendezvous Inc.)
UNFINISHED BUSINESS — None.
NEW BUSINESS
CONTRACTS
Contract No. FY2013-30 Purchase of Agenda Management Software.
Contract No. FY2013-31 Larsen Bay School Roof Replacement.
Contract No. FY2013-32 Karluk School Oil Tank Removal and Replacement.
RESOLUTIONS
*Resolution No. FY2011-08C Amending the Composition of the Project Advisory Committee
(PAC).
Resolution No. FY2013-32 A Joint Resolution of the Kodiak Island Borough Assembly and
Kodiak City Council Documenting the Kodiak Fisheries Work Group's Scope and Authority.
ORDINANCES FOR INTRODUCTION
Ordinance No. FY2013-17 Rezone a 3.92 Acre Portion of Tract 6, US Survey 5509 Port Lions
Subdivision from RR2-Rural Residential Two to PL-Public Use Land (P&Z Case13-023, City of
Port Lions).
Ordinance No. FY2013-18 Rezone to Allow for the Proposed Expansion of the Old Harbor
Airport from R1-Single-Family Residential to LI-Light Industrial (P&Z Case 13-026, City of Old
Harbor).
OTHER ITEMS
Approval of a 7.5-Foot Vacation of a 10-Foot Wide Easement in Accordance with KIBC
16.60.060 Along the South Lot Line of Lot 2, Block 1, Island Vista Subdivision (P&Z Case 13-
019, Sundberg).
Approval of the Vacation of a 20-Foot Wide Utility Easement, in Accordance with KIBC
16.60.060, Centered on the Common Boundary of Lots 1C and 1D, Block 5, Bells Flats Alaska
Subdivision (P&Z Case S13-022, Ness).
Hiring for the Position of Community Development Director at Salary Range 24.0, Step K.
*Declaring a Seat on the Kodiak Fisheries Advisory Committee Vacant (Al Burch).
MANAGER'S COMMENTS
CLERK'S COMMENTS
MAYOR'S COMMENTS
ASSEMBLY MEMBERS COMMENTS
FY2014 NON-PROFIT FUNDING BUDGET DETAIL
FY14 Application Grant
FY14 ASSEMBLY Received Actual Financials Report
Organization REQUEST FUNDING By 3/26/13 Status included? Rec'd?
1 Alutiiq Museum&Archaeological Repository $ 2,000 $ 2,000 Yes 501c3 Yes Yes I
2 American Red Cross _ 7,101 7,101 _ Yes 501c3 _ Yes Yes i
3 Brother Francis Shelter 53,000 53,000 Yes 501c3 Yes Yes
4 Historical Society 6,500 6,500 Yes 501c3 Yes Yes
5 Hope Community Resources 5,200 5,200 • Yes 501c3 Yes Yes i
6 Humane Society 5,000 5,000 Yes 501c3 Yes Yes I
7 KANA(WIC/ILP/Family Center) 12,000 11,000 Yes 501c3 Yes Yes (1,000)
8 Kodiak Area Special Olympics 7,500 7,500 Yes 501c3 Yes Yes
9 Kodiak Area Transit System 15,000 15,000 Yes 501c3 Yes Yes
10 Kodiak Arts Council _ 16,500 _ 16,000 Yes 501c3 Yes Yes (500)
11 Kodiak Baptist Mission(Food Bank) 41,310 40,310 Yes 501c3 Yes Yes (1,000)
12 Kodiak Girl Scouts 1,000 1,000 Yes 501c3 Yes Yes
13 Kodiak Head Start 9,000 9,000 Yes 501c3 Yes Yes
14 Kodiak Island Health Care Foundation(Clinic) 24,500 2.4,500 Yes 501c3 Yes Yes
15 Kodiak Maritime Museum 9,126 9,126 Yes 501c3 Yes Yes
16 Kodiak Public Broadcasting 10,000 9,000 Yes 501c3 Yes Yes (1,000)
17 Kodiak Soil&Water Conservation District 6,900 6,400 Yes 501c3 Yes Yes (1,000)
18 Kodiak Women's Resource&Crisis Center 60,000 59,000 Yes 501c3 Yes Yes (1_000)1
19 Providence Counseling Center(Safe Harbor) 24,500 24,500 Yes 501c3 Yes Yes
20 Salvation Army 10,000 10,000 Yes 501c3 Yes Yes
21 Senior Citizens of Kodiak 35,000 34,000 Yes 501c3 Yes Yes (1,000)
22 Threshold Services 9,195 9,195 Yes 501c3 Yes Yes
Total Requested $ 370,332 $ 364,332
Budget 364,425 364,425
Available $ (5,907) $ 93
In-Kind Requests
23 Kodiak Teen Court* 5,100 Yes 501c3 Yes Yes
24 Dig Afognak" 133 Yes n/a Yes Yes Ifff
Total Requested $ 5,233
"requesting space rent in lieu of cash donation
"requesting property tax amount in lieu of cash donation
Late Application
Audubon Society 1,595 No 501c3 Yes Yes
Page 1 of 4
Anchorage, Alaska, Code of Ordinances» TITLE 16-HEALTH »Chapter 16.65-SECONDHAND SMOKE CONTROL
ORDINANCE*»
Chapter 16.65 -SECONDHAND SMOKE CONTROL ORDINANCE*
Chapter 16.65 Chapter 16.65
16.65.005 Definitions.
(AO No. 2000-91(S), § 1, 12-31-00)
16.65.010 Application of chapter to municipal facilities.
(AO No. 2000-91(S), § 1, 12-31-00)
16.65.015 Prohibition of smoking in public places.
(AO No. 2000-91(S), § 1, 12-31-00)
16.65.020 Prohibition of smoking in places of employment.
(AO No. 2000-91(5), § 1, 12-31-00)
16.65.025 Reasonable distance.
(AO No. 2000-91(5), § 1, 12-31-00)
16.65.030 Where smoking not regulated.
(AO No. 2000-91(5), § 1, 12-31-00)
16.65.035 Posting of signs.
(AO No. 2000-91(S), § 1, 12-31-00)
16.65.040 Non-retaliation.
(AO No. 2000-91(5), § 1, 12-31-00)
16.65.045 Violations and penalties.
(AO No. 2000-91(5), § 1, 12-31-00)
16.65.050 Public education.
(AO No. 2000-91(S), § 1, 12-31-00)
16.65.055 Other applicable laws.
(AO No. 2000-91(S), § 1, 12-31-00)
16.65.001 -Title and purpose.
16.65.005-Definitions.
16.65.010-Prohibition of smoking.
16.65.020-Reasonable distance.
16.65.030-Exceptions; areas where smoking is not prohibited.
16.65.040-Obligations of property owners and employers.
16.65.050-Violations and penalties.
16.65.060-Public education.
16.65.070-Non-retaliation and non-discrimination.
16.65.001 -Title and purpose.
A. This chapter shall be known as "The Secondhand Smoke Control Ordinance."
B. The purposes of this chapter are to:
1. Protect the public health, safety and general welfare by eliminating exposure to secondhand smoke in
public places, places of employment, and places where child care is offered.
2. Acknowledge the need of nonsmokers, especially children, to breathe smoke-free air, recognizing the
danger to public health which secondhand smoke causes.
3. Recognize that the need to breathe air free of the disease-causing toxins in secondhand smoke
should have priority over the desire and convenience of smoking in public places, places of
employment and childcare.
4. Recognize the right and benefit to municipal residents and visitors to be free from unwelcome
secondhand smoke in public places and places of employment.
4/9/2013
Page 2 of 4
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.005 - Definitions.
In this chapter:
Business means any natural person or legal entity (such as, without limitation, a business-for-profit
corporation, nonprofit corporation, partnership, limited liability company or trust) that undertakes to provide goods
or services to the public or to persons who are members of a private group that is eligible to obtain the goods or
services, regardless of whether the business exists or is conducted for the purpose of making a profit.
Employee means any person who is employed by any business for compensation or works for a business as
a volunteer without compensation.
Enclosed area means all interior space within a building or other facility between a floor and a ceiling that is
enclosed on all sides by walls, windows, or doors extending from the floor to the ceiling.
Place of employment means an area under the control of an employer, that employees may frequent during
the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference
rooms, classrooms, cafeterias, hallways, and vehicles.
Private club means an organization (whether a legal entity or an informal association of persons) that 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 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 any enclosed area to which the public is invited or into which the public is permitted,
including but not limited to, educational facilities, entertainment, food and beverage service, offices, retail stores,
and transportation facilities and vehicles accessible to the general public.
Smoking means inhaling, exhaling, burning or carrying any lighted tobacco product.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.010 - Prohibition of smoking.
A. Smoking is prohibited at the following places:
1. All enclosed public places within the Municipality of Anchorage, including, but not limited to, all
businesses visited by the public, transportation facilities, waiting areas of public transit depots, buses,
taxicabs, sports arenas, and other enclosed areas open to the public.
2. All enclosed areas that are places of employment.
3. All enclosed areas on properties owned or controlled by the Municipality of Anchorage, including the
Anchorage School District, and including every room, chamber, place of meeting or public assembly
under the control of any municipal board, council, commission, committee, or municipal authority.
4. All areas within 20 feet of each entrance to enclosed areas on properties owned or controlled by the
Municipality of Anchorage including the Anchorage School District, and including every room,
chamber, place of meeting or public assembly under the control of any municipal board, council,
commission, committee, or municipal authority.
8. All areas within 50 feet of each entrance to a hospital or medical clinic.
6. All enclosed areas where a person provides child care on a fee for service basis.
7. Seating areas of outdoor arenas, stadiums, and amphitheaters.
8. All areas within five feet of the entrance to a premises licensed under state law to sell alcoholic
beverages for consumption on the premises. When a licensed premises includes an outdoor area
such as a patio or deck, the minimum reasonable distance under subsection 16.65.020 shall be five
feet.
4/9/2013
Page 3 of 4
B. Smoking is prohibited on any property not listed in subsection A of this section, with or without enclosure, if
the owner, operator, manager, or other person having control of the property chooses to prohibit smoking.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.020 - Reasonable distance.
To ensure that smoke does not enter any enclosed area where smoking is prohibited through entrances,
windows, ventilation systems or any other means, smoking shall occur only at a reasonable distance outside any
enclosed public place or place of employment where smoking is prohibited. Unless otherwise stated under this
chapter, or increased by the owner, operator, manager, or other person having control of the property, the
minimum reasonable distance is 20 feet.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.030 - Exceptions; areas where smoking is not prohibited.
A. Smoking is not prohibited in the following places:
1. A maximum of 25 percent of hotel and motel sleeping rooms rented to guests designated as smoking
rooms if the hotel or motel designates at least 75 percent of its guest rooms as permanently
nonsmoking.
2. Private clubs that are not licensed for the sale of alcoholic beverages under state law and are not
places of employment; however, if an enclosed area is being used for a purpose, event, or function to
which the general public is invited, then smoking is prohibited.
3. Outdoor areas of places of employment except the outdoor areas identified under AMC 16.65.010
4. Private residences, except enclosed areas during the time child care is provided on a fee for service
basis. Individuals providing day care on a fee for service basis shall not expose children to
secondhand smoke.
B. Nothing in this chapter shall be construed or interpreted to provide any person a right to smoke on premises
or property owned, leased or under the legal control of another.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.040 - Obligations of property owners and employers.
A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a
burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and
conspicuously posted by the owner, operator, manager, or other person having control of a building or other
area where smoking is prohibited by this chapter.
B. Every public building owned or controlled by the Municipality of Anchorage shall have posted at every
entrance a conspicuous sign clearly stating that smoking is prohibited within 20 feet of the entrance to the
building and within the building.
C. Every hospital and health care facility to which this chapter applies shall have posted at every entrance a
conspicuous sign clearly stating that smoking is prohibited within 50 feet of the entrance to the building and
within the building.
a All ashtrays and other smoking accessories offered for on-premises use shall be removed by the building
owner, operator, manager, or other person having control of a building or other area where smoking is
prohibited by this chapter.
E. It shall be the responsibility of employers to provide a smoke-free workplace, and neither an employer nor
person having legal control of the premises may permit an employee, customer, or other person to smoke
inside enclosed areas that are places of employment.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.050 -Violations and penalties.
A.
4/9/2013
Page 4 of 4
It shall be unlawful for any person to smoke in any area where smoking is prohibited and for any person who
owns, manages, operates, or otherwise controls the use of premises subject to this chapter to fail to comply
with the provisions of this chapter.
B. A person who smokes in an area where smoking is prohibited by the provisions of this chapter shall be
subject to a fine of$100.00.
C. A person, owner, manager, employer, or operator who controls an enclosed area or place of employment or
child care in violation of this chapter shall be subject to the following penalties:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation; and
3. A fine not exceeding $500.00 for each additional violation.
D. Any person aggrieved by a violation or threatened violation of this chapter may bring a civil action under
AMC 1.45.010.8 to enjoin the violation and to obtain the relief described in that section.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.060 - Public education.
A. The Department of Health and Human Services shall engage in a continuing program of education about the
public health purposes, benefits and requirements of this chapter for municipal residents and visitors and to
guide owners, managers, employers, and operators concerning the requirements of this chapter.
B. The continuing education program may include publication of a brochure for affected businesses and
individuals explaining the provisions of this chapter, the requirement to post"No Smoking" signage, the
obligation to provide a smoke-free work place, and other actions consistent with AMC 16.65.040, to property
owners, managers, employers, and operators.
(AO No. 2006-86(S), § 1, 7-1-07)
16.65.070 - Non-retaliation and non-discrimination.
No person or employer shall discharge, refuse to hire, or in any other manner retaliate or discriminate
against any employee, applicant for employment, or customer because such employee, applicant for employment
or customer insists upon compliance with any requirement of this chapter.
(AO No. 2006-86(S), § 1, 7-1-07)
4/9/2013
Haines Borough Chapter 8.18 SECONDHAND SMOKE POLLUTION CONTROL Page 1 of 5
Chapter 8.18
SECONDHAND SMOKE POLLUTION CONTROL
Sections:
8.18.010 Definitions.
8.18.020 Enclosed areas where smoking is prohibited.
8.18.030 Reasonable distance.
8.18.040 Outdoor areas where smoking is prohibited.
8.18.050 Declaration of smoke-free area.
8.18.060 Exceptions—Areas where smoking is not prohibited.
8.18.070 Signage —Obligations of property owners and employers.
8.18.080 Violations and penalties.
8.18.090 Enforcement.
8.18.100 Nonretaliation and nondiscrimination.
8.18.110 Public education.
8.18.010 Definitions.
The following definitions pertain to this chapter:
A. "Bar" means a business that sells alcoholic beverages for consumption on the premises and in which
the serving of food is only incidental to the consumption of those beverages, including but not limited to
taverns, nightclubs, cocktail lounges, and cabarets.
B. "Business" means any natural person or legal entity(such as a business-for-profit corporation,
nonprofit corporation, sole proprietorship, partnership, limited liability company or trust)that undertakes
to provide goods or services to the public regardless of whether the business exists or is conducted for
the purpose of making a profit.
C. "Employee" means any person who is employed by any employer for compensation or volunteers
his or her services.
D. "Employer" means a person, business, partnership, association, corporation including a municipal
corporation, trust, or nonprofit entity that employs the services of one or more individual persons.
E. "Enclosed area" means the interior space within a building or other facility between a floor and a
ceiling that is enclosed on all sides by walls, windows, or doors, whether the windows or doors are open
or closed, the combination of which extend from the floor to the ceiling.
F. "Health care facility' means a business, office, or institution that provides care or treatment of
diseases or disability, whether physical, mental or emotional.
G. "Operator" means the owner or manager of a business or place of employment.
The Haines Borough Code is current through Ordinance 12-11-309, passed December 11, 2012.
Haines Borough Chapter 8.18 SECONDHAND SMOKE POLLUTION CONTROL Page 2 of 5
H. "Place of employment" means an area under the control of a public or private employer, including but
not limited to work areas, places of business, private offices, employee lounges, restrooms,
conference rooms, classrooms, cafeterias, hallways, and vehicles.A vehicle is not a place of
employment if it is assigned to, driven by, and used exclusively by a single individual.A private
residence is not a place of employment unless it is used as a child care, adult care or health care facility
on a fee for service basis.
I. "Private club" means an organization (whether a legal entity or an informal association of persons)that
is the owner, lessee, or occupant of a building used for club purposes, which is operated solely for a
recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary
gain and which has been granted an exemption from the payment of federal income tax as a club under
26 U.S.C. Section 501.
J. "Public place" means any enclosed area into which the public is invited or permitted, including but not
limited to educational facilities, health care facilities, hotels and motels, entertainment establishments,
restaurants, food and beverage service establishments, bars, offices, retail stores, and transportation
facilities and vehicles accessible to the general public.A private club is a public place when being used
for a function open to the public.A private residence is not a public place unless it is used as a child
care, adult care or health care facility on a fee for service basis.
K. "Restaurant" means an eating establishment, including but not limited to a coffee house, cafeteria or
sandwich shop that gives or offers for sale food to the public, guests or employees, including the
kitchen or food preparation areas. The term "restaurant" includes a bar area within a restaurant.
L. "Smoking" means inhaling, exhaling, buming or carrying any lighted or heated tobacco product. (Ord.
08-08-186 § 4)
8.18.020 Enclosed areas where smoking is prohibited.
Smoking is prohibited in the following places:
A. Inside an enclosed public area, including a building or vehicle owned or controlled by the borough or
borough school district, and including every room, chamber, place of meeting or public assembly under
the control of any borough board, assembly, commission, committee, or borough authority.
B. Inside an enclosed area that is a public place within the borough, including, but not limited to, every
health care facility, transportation facility, retail store, place of business, bus, taxicab, sports arena, or
other enclosed area open to the public.
C. Inside every enclosed area within a place of employment.
D. Inside every enclosed area within a private club licensed under state law for the sale of alcoholic
The Haines Borough Code is current through Ordinance 12-11-309, passed December 11, 2012.
Haines Borough Chapter 8.18 SECONDHAND SMOKE POLLUTION CONTROL Page 3 of 5
beverages. (Ord. 08-08-186 §4)
8.18.030 Reasonable distance.
To ensure that smoke does not enter an enclosed area where smoking is prohibited through entrances,
windows, ventilation systems or any other means, smoking is permitted only at a reasonable distance
outside an enclosed area, public place or place of employment where smoking is prohibited. Unless
otherwise stated under this chapter, or increased by the owner, operator, manager, or other person
having control of the property, the minimum reasonable distance is 20 feet. (Ord. 08-08-186 §4)
8.18.040 Outdoor areas where smoking is prohibited.
Smoking is prohibited in the following places:
A. Within 50 feet of any entrance to a hospital or medical clinic.
B. Within 20 feet of any entrance to an enclosed area on property owned or controlled by the borough
or borough school district, including every room, chamber, place of meeting or public assembly under
the control of any borough board, assembly, commission, committee, or borough authority.
C. Within five feet of the entrance to a premises licensed under state law to sell alcoholic beverages for
consumption on the premises. When a licensed premises includes an outdoor area, such as a patio or
deck, the minimum reasonable distance shall be five feet.
D.An outdoor arena, stadium or amphitheater, except in a designated smoking area, which may be
established only in a perimeter area at least 20 feet from bleachers, grandstands, seating areas or
concession stands. (Ord. 08-08-186 §4)
8.18.050 Declaration of smoke-free area.
Smoking is prohibited on any property(in enclosed or outdoor areas) if the owner, operator, manager, or
other person having control of the property chooses to prohibit smoking. Smoking is prohibited in any
place in which a sign conforming to the requirements of HBC 8.18.070 is posted. (Ord. 08-08-186 § 4)
8.1.8.060 Exceptions —Areas where smoking is not prohibited.
A. Smoking is not prohibited in the following places:
1.A maximum of 20 percent of hotel and motel sleeping rooms that are rented to guests and
designated as smoking rooms, but only if the hotel or motel designates at least 80 percent of its
sleeping rooms as permanently nonsmoking. Smoking rooms on the same floor must be
contiguous and the status of rooms as smoking or nonsmoking may not be changed, except as to
add additional nonsmoking rooms. If feasible, smoking rooms should be designated on the
uppermost floor to reduce exposure to secondhand smoke.
2.An outdoor area, except one designated in HBC 8.18.030, Reasonable distance; 8.18.040,
The Haines Borough Code is current through Ordinance 12-11-309, passed December 11, 2012.
Haines Borough Chapter 8.18 SECONDHAND SMOKE POLLUTION CONTROL Page 4 of 5
Outdoor areas where smoking is prohibited; or 8.18.050, Declaration of smoke-free area.
3.A private residence, except when used as a child care, adult care, or health service facility on a
fee for service basis.
B. Nothing in this chapter shall be construed or interpreted to provide any person a right to smoke on
premises or property owned, leased or under the legal control of another. (Ord. 08-08-186 § 4)
8.18.070 Signage—Obligations of property owners and employers.
A. Every operator of a place of employment or a public place must conspicuously post signage
sufficient to inform the public and employees that smoking is prohibited in every enclosed place in the
premises or vehicle.
B. The owner, operator, manager, or other person having control of a building, enclosed area or other
area where smoking is prohibited by this chapter must remove any ashtrays and other smoking
accessories offered for on-premises use.
C.An employer must provide a smoke-free workplace, and neither an employer nor person having legal
control of the premises may permit an employee, customer, or other person to smoke inside an
enclosed area or place of employment or permit smoke to infiltrate into an area where smoking is
prohibited under the provisions of this chapter.
D.An owner, manager, operator, or employee of an establishment subject to this chapter who observes
a person smoking in violation of this chapter must immediately direct the person to stop smoking. If the
person violating the chapter does not stop smoking, the owner, manager, operator, or employee must
direct the person to leave the premises. (Ord. 08-08-186 §4)
8.18.080 Violations and penalties.
A. It is unlawful for any person to smoke in any area where smoking is prohibited or for any person who
owns, manages, operates, or otherwise controls the use of premises subject to this chapter to fail to
comply with the provisions of this chapter.
B.A person who smokes in an area where smoking is prohibited by the provisions of this chapter is
subject to a fine of$100.00.
C.A person, owner, manager, employer, or operator who controls a public place, a business, an
enclosed area, place of employment or place of child care or other premises in violation of this chapter
is subject to HBC 8.18.090(B)and the following penalties:
1.A fine of$100.00 for a first violation;
2.A fine of$200.00 for a second violation within a 24-month period; and
The Haines Borough Code is current through Ordinance 12-11-309, passed December 11, 2012.
Haines Borough Chapter 8.18 SECONDHAND SMOKE POLLUTION CONTROL Page 5 of 5
3.A fine of$300.00 for a third or additional violation within a 24-month period.
D. Each and every day that a violation occurs is a separate violation. (Ord. 08-08-186 §4)
8.18.090 Enforcement.
A. The borough manager or designee must administer this chapter.A person who desires to register a
complaint hereunder may initiate enforcement consideration with the borough manager or designee.
B. Before citing an operator for violation of this chapter, the borough manager must provide the operator
with a written warning for the violation. Thereafter, the operator is subject to the penalties set out in HBC
8.18.080.
C. In addition to the remedies provided in this chapter, a person aggrieved by the failure of the owner,
operator, manager or other person in control of a public place or place of employment to comply with
the provisions of this chapter may apply for injunctive relief to enforce those provisions in a court of
competent jurisdiction. (Ord. 08-08-186 § 4)
8.18.100 Nonretaliation and nondiscrimination.
A. No person or employer may discharge, refuse to hire, or in any other manner retaliate or discriminate
against any employee, applicant for employment, or customer because such employee, applicant for
employment or customer insists upon compliance with a requirement of this chapter. Notwithstanding
the provisions of HBC 8.18.080, violation of this subsection is a misdemeanor, punishable by a fine not
to exceed $1,000 for each violation.
B.An employee who works in a setting where an employer allows smoking does not waive or otherwise
surrender any legal rights the employee may have against the employer or any other party. (Ord. 08-08-
186 § 4)
8.18.110 Public education.
The borough manager will engage in a continuing effort to educate the public about the requirements of
this chapter and to guide owners, operators, and managers of enclosed areas and other areas subject
to the provisions of this chapter to ensure compliance. (Ord. 08-08-186 § 4)
The Haines Borough Code is current through Ordinance 12-11-309, passed December 11, 2012.
•
PART II -CODE OF ORDINANCES
TITLE 36- HEALTH AND SANITATION
Chapter 36.60-SECOND-HAND SMOKE CONTROL CODE
Chapter 36.60-SECOND-HAND SMOKE CONTROL CODE u
36.60.005- Definitions.
36.60.010 -Smoking prohibited.
36.60.020 -Smoking in enclosed areas that are places of employment or commercial passenger vehicles.
36.60.025 - Reasonable distance.
36.60.030 - Exceptions; areas where smoking is not prohibited.
36.60.035 - Posting of signs.
36.60.040 - Non-retaliation.
36.60.045 -Violations.
36.60.050 -Other applicable laws.
36.60.005 - Definitions.
In this chapter
Bar means a business, other than a restaurant, licensed by the State of Alaska to sell alcoholic
beverages.
Business means any sole proprietorship, partnership, joint venture, corporation, nonprofit
corporation, or other business entity.
Employee means any person who is employed by any employer for compensation or profit or who
works for an employer as a volunteer without compensation.
Employer means any person, partnership, corporation, including a municipal corporation, or nonprofit
entity, but not including the state or federal government, who employs the services of one or more
individual persons.
Enclosed area means all interior space within a vehicle, building or other facility between a floor and
a ceiling that is enclosed on all sides by temporary or permanent walls, windows, or doors extending from
the floor to the ceiling.
Enclosed public place means an enclosed area or portion thereof to which the public is invited or into
which the public is permitted, including:
(1) Retail stores, shops, banks, laundromats, garages, salons, or any other business selling goods
or services;
(2) The waiting rooms and offices of businesses providing legal, medical, dental, engineering,
accounting, or other professional services;
(3) Hotels, motels, boardinghouses, hostels, and bed and breakfast facilities, provided that the
owner may designate by a permanently affixed sign a maximum of 25 percent of the rooms as
exempt from this definition;
(4) Universities, colleges, schools, and commercial training facilities;
(5) Arcades, bingo halls, pull-tab parlors, and other places of entertainment;
Juneau,Alaska, Code of Ordinances Page 1
PART II -CODE OF ORDINANCES
TITLE 36- HEALTH AND SANITATION
Chapter 36.60-SECOND-HAND SMOKE CONTROL CODE
(6) Health clubs, dance studios, aerobics clubs, and other exercise facilities;
(7) Hospitals, clinics, physical therapy facilities;
(8) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture,
musical recital, or similar performance;
(9) Public areas of fish hatcheries, galleries, libraries and museums;
(10) Polling places;
(11) Elevators, restrooms, lobbies, reception areas, waiting rooms, hallways and other common-use
areas, including those in apartment buildings, condominiums, trailer parks, retirement facilities,
nursing homes, and other multiple-unit residential facilities;
(12) Restaurants, coffee shops, cafeterias, sandwich stands, private or public schools cafeteria, and
any other eating establishment which offers food for sale, and including any kitchen or catering
facility in which food is prepared for serving off the premises;
(13) Sports and exercise facilities, including sports pavilions, gymnasia, health spas, boxing arenas,
swimming pools, pool halls, billiard parlors, roller and ice rinks, bowling alleys, and similar
places where members of the public assemble to engage in physical exercise, participate in
athletic competition, or witness sports events;
(14) Any line in which two or more persons are waiting for or receiving goods or services of any kind,
whether or not in exchange for money;
(15) Areas used for and during the course of meetings subject to the Alaska Open Meetings Act; and
(16) Bars, private clubs, and any other enclosed place, where alcoholic beverages are sold, or food
is offered for sale.
(17) Commercial passenger vehicles regulated by the City and Borough under CBJ 20.40
Place of employment means an area or a vehicle under the control of an employer normally used by
employees in the course of employment, including work areas, private offices, employee lounges,
restrooms, conference rooms, classrooms, cafeterias, elevators, stairways, and hallways.
Private club means an organization, whether incorporated or not, that is the owner, lessee, or
occupant of a building or portion thereof used for club purposes, which is operated for a recreational,
fraternal, social, patriotic, political, benevolent, athletic, or other purpose.
Smoking means inhaling or exhaling tobacco smoke, or carrying any lighted tobacco product.
(Serial No. 2008-05(b), §2, 3-10-2008, eff. 4-10-2008; Serial No. 2010-23(b), § 3, 9-20-2010)
36.60.010 - Smoking prohibited.
(a) Smoking is prohibited in:
(1) Enclosed public places;
(2) Enclosed areas that are places of employment;
(3) Vehicles and enclosed areas owned by the City and Borough of Juneau, including the Juneau
School District;
(4) Commercial passenger vehicles regulated by the City and Borough under CBJ 20.40
(5) Bus passenger shelters;
Juneau, Alaska,Code of Ordinances Page 2
PART II -CODE OF ORDINANCES
TITLE 36- HEALTH AND SANITATION
Chapter 36.60-SECOND-HAND SMOKE CONTROL CODE
(6) Private clubs that are licensed by the State of Alaska to sell alcoholic beverages, or that offer
food for sale, regardless of the number of employees; and
(7) Indoor or outdoor areas designated by "No Smoking" signs meeting the requirements of CBJ
36.60.035
(b) Notwithstanding any other provision of this chapter, smoking and the use of smokeless tobacco
products is prohibited anywhere within the area defined as the"Hospital Tobacco-free Campus."
(1) For purposes of this subsection, the "Hospital Tobacco-free Campus" means all buildings and
facilities owned or leased by Bartlett Regional Hospital, whether inside or outside the buildings
or facilities; the Bartlett House, the Juneau Medical Center, and Wildflower Court, whether
inside or outside the buildings or facilities; the vehicle parking areas owned or leased by the
hospital; the vehicle parking areas for the Bartlett House, the Juneau Medical Center, and
Wildflower Court; and the public streets and public sidewalks adjacent to any of these buildings
and facilities; provided, however, the five pavilion areas at Wildflower Court are excluded from
the Tobacco-free Campus; all as shown on Exhibit A to Ordinance 2007-20.
(2) For purposes of this subsection, use of smokeless tobacco products means use of snuff,
chewing tobacco, smokeless pouches, or other forms of loose leaf tobacco.
(Serial No. 2008-05(b), §2, 3-10-2008, eff. 4-10-2008; Serial No. 2013-04, §2, 2-11-2013, eff. 3-14-
2013 )
36.60.020 -Smoking in enclosed areas that are places of employment or commercial
passenger vehicles.
(a) By the effective date of this chapter, any employer subject to this chapter shall adopt and enforce a
written policy prohibiting smoking in all enclosed areas that are places of employment and all
vehicles owned or operated by that employer and used by those employees.
(1) The smoking policy shall be communicated to all employees prior to its adoption.
(2) All employers shall supply a written copy of the smoking policy upon request to any current or
prospective employee or to an employee of the City and Borough engaged in enforcing this
chapter.
(b) Any person who owns, manages, operates, or otherwise controls any commercial passenger vehicle
regulated by the City and Borough under CBJ 20.40 shall adopt and enforce a policy prohibiting
smoking in any commercial passenger vehicle owned, managed, operated or otherwise controlled by
that person.
(Serial No. 2008-05(b), §2, 3-10-2008, eff. 4-10-2008; Serial No. 2010-23(b), §4, 9-20-2010)
36.60.025 - Reasonable distance.
Except as provided in subsection 36.60.030(7), no person may smoke within ten feet of any
entrance, open window, or ventilation system intake of any building area within which smoking is
prohibited by this chapter; provided, however, no person may smoke or use smokeless tobacco products
anywhere within the "Hospital Tobacco-free Campus" as that area is defined in section 36.60.010(b) of
this chapter.
(Serial No. 2008-05(b), §2, 3-10-2008, eff. 4-10-2008)
Juneau,Alaska, Code of Ordinances Page 3
PART II-CODE OF ORDINANCES
TITLE 36- HEALTH AND SANITATION
Chapter 36.60-SECOND-HAND SMOKE CONTROL CODE
36.60.030 - Exceptions; areas where smoking is not prohibited.
(a) Smoking is not prohibited in the following places:
(1) Private residences, including those used as a place of employment, provided this exception
does not apply at any time the private residence is open for use as a child care, adult care, or
health care facility;
(2) Places of employment with a total of four or fewer employees, provided that this exception does
not apply to a place of employment that is an enclosed public place or a private club;
(3) Private enclosed areas in nursing homes or assisted living facilities;
(4) Reserved;
(5) Performers smoking as part of a stage performance;
(6) Reserved;
(7) Outdoor patios, decks, and other outdoor areas used for seating by a bar, restaurant, or other
establishment where alcoholic beverages are sold or food is offered for sale, provided that at
least two sides of the area are open directly to the outdoors, and provided further that the
minimum reasonable distance under section 36.60.025 shall be five feet meaning that no
person in these areas may smoke within five feet of any entrance, open window, or ventilation
system intake of the building area for the establishment;
(8) Federal or state property, or those portions of buildings leased by the federal or state
government; and
(9) Private property used for residential incarceration under contract to a federal or state
correctional agency.
(b) The owner, operator, or manager of property may by permanently affixing a sign thereon, waive any
exception provided in subsection (a)of this section.
(Serial No. 2008-05(b), § 2, 3-10-2008, eff. 4-10-2008)
36.60.035 - Posting of signs.
(a) Signs prohibiting smoking shall be prominently posted by the owner, operator, manager or other
person having control in every place or vehicle where smoking is prohibited by this chapter.
(b) Every place where smoking is prohibited by this chapter shall have posted at every entrance a
conspicuous sign clearly stating that smoking is prohibited.
(c) The owner, operator, manager or other person having control of any area where smoking is
prohibited by this chapter shall remove therefrom all ashtrays and other smoking paraphernalia,
except for ashtrays permanently affixed in a vehicle.
(Serial No. 2008-05(b), §2, 3-10-2008, eff. 4-10-2008; Serial No. 2010-23(b), § 5, 9-20-2010)
36.60.040 - Non-retaliation.
No person or employer shall discharge, refuse to hire, refuse to serve, or in any manner retaliate
against any employee, applicant for employment, or customer because such employee, applicant, or
customer exercises any right or seeks any remedy afforded by this chapter.
(Serial No. 2008-05(b), §2, 3-10-2008, eff. 4-10-2008)
Juneau,Alaska, Code of Ordinances Page 4
PART II -CODE OF ORDINANCES
TITLE 36- HEALTH AND SANITATION
Chapter 36.60-SECOND-HAND SMOKE CONTROL CODE
36.60.045 -Violations.
(a) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of
any place or vehicle subject to regulation under this chapter to fail to comply with any of its
provisions. Violation of this subsection is an infraction.
(b) It shall be unlawful for any person to smoke or use a smokeless tobacco product in any place or
vehicle where smoking or use of smokeless tobacco products is prohibited by the provisions of this
chapter. Violation of this subsection is an infraction.
(c) In addition to the penalties and remedies available under this Code, the City and Borough or any
person aggrieved by a violation or threatened violation of this chapter may bring a civil action to
enjoin that violation.
(Serial No. 2008-05(b), § 2, 3-10-2008, eff. 4-10-2008; Serial No. 2010-23(b), §6, 9-20-2010)
36.60.050 - Other applicable laws.
This chapter shall not be construed to permit smoking where it is otherwise restricted by other
applicable laws.
(Serial No. 2008-05(b), § 2, 3-10-2008, eff. 4-10-2008)
FOOTNOTE(S):
---(1) ---
Editor's note—Serial No. 2008-05(b), § 2, adopted March 10, 2008, effective April 10, 2008, amended
Ch. 36.60, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 36.60
pertained to smoking in public places. See also the Code Comparative Table. (Back)
Juneau, Alaska, Code of Ordinances Page 5
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