The Lawrence Public and Workplace Smoking Restriction Ordinance (PDF) restricts smoking in all enclosed public places and places of employment. This includes, but is not limited to common work offices, elevators, hallways, company-owned vehicles, employee lounges, stairs, restrooms, and all other enclosed facilities.
Please note that this summary is not intended to be comprehensive or provide an authoritative legal interpretation. For more detailed information about the ordinance, please refer to the city code (PDF).
Requirements
The following places are included in the smoke-free ordinance:
- Enclosed area: all space between a floor and ceiling which is enclosed on all sides by solid walls or windows (except for doors or passage ways).
- Place of Employment: any area that employees normally frequent during the course of employment. This includes, but is not limited to: common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, company-owned vehicles, employee lounges, stairs, restrooms, and all other enclosed facilities.
Exemptions
The following places are specifically excluded from the smoke-free ordinance:
- Private residences, except when used as a childcare, adult day care or health care facility.
- Personal motor vehicles.
- Hotel and motel rooms, no more than twenty-five percent (25%) of rooms.
- Retail tobacco stores.
- Rooms being used for private functions except while contracted food or beverage service functions are taking place (including set-up, service and clean-up activities or when the room is used for exhibit activities).
- Outdoor places of employment unless an entire establishment is designated by the owner as non-smoking.
Complaints and Enforcement
Report smoking complaints to the Emergency Communications Center via the non-emergency number (785) 832-7509.
Complaints will be forwarded to the Fire & Medical Department and the next business day (or as soon as possible), an Inspector from the Prevention Division will contact the owner, manager or operator of the establishment to notify them of the complaint and educate them on the ordinance and/or take steps to enforce the ordinance.
Frequently Asked Questions
- Signs must be posted at each entrance reading “No Smoking” (minimum one-inch lettering) or have the international no smoking symbol.
- A written smoking policy must be implemented and communicated to employees.
- Any person smoking in a nonsmoking area must be informed that they are in violation of the ordinance.
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under the Article to fail to comply with all of its provisions. Any patron or business who violates any provision of this Article shall be guilty of a misdemeanor, punishable by:
- A fine not exceeding One Hundred Dollars ($100.00) for the first violation.
- A fine not exceeding Two Hundred Dollars ($200.00) for a second violation within a one (1) year period of the first violation.
- A fine not exceeding Five Hundred Dollars ($500.00) for an additional violation within a one (1) year period of the first violation.
When?
The ordinance takes effect July 1, 2004.
Why?
Eliminating smoking in public places and places of employment improves and protects the public’s health, 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.
What?
- Employers are required to provide a smoke-free workplace for all employees.
- Smoking is prohibited in all enclosed places of employment within the City Lawrence.
How?
- 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.
- 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.
For help transitioning to a smoke-free work site:
Lawrence-Douglas County
Health Department
(785) 843-3060
For help in quitting smoking:
Call the Kansas toll-free Quitline at (866) KAN-STOP, (866) 526-7867
Visit the interactive website at http://www.kanstop.org
Additional Resources:
Douglas County CHIP
(785) 843-3060
Lawrence-Douglas County Health Department
(785) 843-3060
Lawrence Memorial Hospital
(785) 749-5800
Watkins Memorial Health Center
(785) 864-9500
American Heart Association
(785) 272-7056
American Lung Association of Kansas
(785) 272-9290
