ORDINANCE No.  _____ - 2008 
AN ORDINANCE ESTABLISHING THE CLAY COUNTY COURTHOUSE CAMPUS AS A NONSMOKING AREA AND RESTRICTING SMOKING AREAS IN OTHER COUNTY BUILDINGS

	WHEREAS, it is in the best interest of the citizens of Clay County, Indiana to encourage and foster the health and safety of the County employees and general public; 
	WHEREAS, the Board of Commissioners of Clay County, Indiana recognize and support the cessation of smoking in order to promote the health and welfare of County employees and the general public that work in and visit the Clay County Courthouse premises and other County government buildings; and 
	WHEREAS the Executive has authority under the Clean Indoor Air Law as found at I.C. 16-41-37-9 to make the within restrictions. 
	Now, therefore, BE IT ORDAINED by the Board of Commissioners of Clay County, Indiana as follows:
1.	“Smoking” is defined as carrying or holding of a lighted cigarette, cigar, pipe, or any other lighted smoking equipment, or the inhalation or exhalation of smoke from any lighted smoking equipment.
2.	There shall be no smoking allowed in the Clay County Courthouse or on the campus of the Clay County Courthouse which includes the four corners of the Courthouse grounds between National Avenue, Alabama Street, Jackson Street and Harrison Street.
3.	That there shall be no smoking in the building of the Clay County Justice Center or in the building of the Clay County Highway Department Garage and Office except in areas that may be designated by the Board of Clay County Commissioners as a smoking area which area shall be clearly marked as a designated smoking area.  
4.	That there shall be no smoking in any other areas of any other buildings under the control of the Board of Clay County Commissioners.   
5.	Violation of this Ordinance shall be a Class B infraction.  However, the violation is a Class A infraction if the person has at least three (3) previous unrelated judgments for violating this Ordinance within the twelve (12) months immediately preceding the violation.  
6.	This Ordinance shall be effective upon its passage and proper publication.  Resolution 2-1987 and Ordinance 2001-10 are hereby rescinded.	
	PASSED, ADOPTED AND ORDAINED this 7th day of January,
2008.
BOARD OF COMMISSIONERS
OF CLAY COUNTY, INDIANA

______________________________
Charles Brown

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Paul Sinders

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Jack Withers

ATTEST:

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Mary Jo Alumbaugh
Auditor, Clay County, Indiana

Prepared by Eric D. Somheil
Attorney for Clay County Commissioners

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.

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