ORDINANCE NO. 2025-12 ADDING A NEW ARTICLE 200, “SMOKING REGULATIONS,”

May 29, 2026

AN ORDINANCE AMENDING cHAPTER 6, “HEALTH & SANITATION,” OF THE SEYMOUR REVISED CODE OF ORDINANCES BY ADDING A NEW ARTICLE 200, “SMOKING REGULATIONS,” TO ESTABLISH REGULATIONS FOR SMOKING IN PUBLIC PLACES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS,the City of Seymour, Texas (the “City”) is a Type A general law municipality located in Baylor County, Texas, created in accordance with the provisions of Chapter 6 of the Local Government Code, and operating pursuant to the enabling legislation of the State of Texas; and

WHEREAS, the City has complied with all legal requirements regarding notice, publication, and procedural requirements for this ordinance amendment; and

WHEREAS, the purpose of Chapter 6, “Health & Sanitation” of the Seymour Revised Code of Ordinances reflects the intent of the City to establish such regulations, prohibitions, and provisions as are necessary to protect and promote the health and safety of residents of the City; and

WHEREAS,the City Council finds it necessary to regulate and restrict the location of smoking in public places and finds it in the best interest of the health, safety, and general welfare of the citizens of the City and the public.

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEYMOUR, TEXAS, THAT:

SECTION 1.

            The findings above are found to be true and correct legislative and factual findings and are incorporated herein for all purposes.

SECTION 2.

            Article 200, “Smoking Regulations,” of Chapter 6, “Health & Sanitation,” of the Seymour Revised Code of Ordinances is hereby created to read as follows:

“ARTICLE 6.200 SMOKING USE REGULATIONS

§ 6.201 Purpose.

The purpose of this article is to protect the public health, safety, and welfare of the public by regulating smoking and other tobacco use, including the creation of a smoke- and tobacco-free environment, in order to protect and promote the health and safety of residents of the city.

§ 6.202  Definitions.

The following definitions shall apply to this article:

Person. Any individual.

Public Building. Any building, other than a building used as a private residence. If a building is used as both a private residence and for business purposes or other commercial activities, then “public building,” as used herein, shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a private residence. The term “public building” includes, but is not limited to, restaurants, offices and other workplaces, warehouses, health care facilities, elevators, and enclosed common areas of multifamily developments that are accessible to the public. For purposes of this definition, it does not include a private area not accessible to the public.

Smoke or Smoking. Inhaling, exhaling, or burning a lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form.

Vape or Vaping. The act of inhaling an aerosol (mist) produced by a battery-operated device, often called an e-cigarette or vape pen, which heats a liquid (e-liquid) containing nicotine, flavorings, and other chemicals.

§ 6.203 Smoking Prohibited In or Near Entrances to Public Buildings.

  • It shall be unlawful for any person to engage in any of the following activities in any public place in the City, including within ten (10) feet of any public entrance or exit to any public building:
  • Smoking;
    • Vaping;
    • Carrying a lighted cigarette, cigar, tobacco-containing pipe, or other tool containing lighted tobacco;
    • Carrying an active e-cigarette or vape pen; or
    • Light a cigarette, cigar, or tobacco-containing pipe.
  • It shall be unlawful for any owner of a public building to allow smoking within ten (10) feet of such public building, except that an owner may permit persons to smoke in a designated outdoor area dedicated for such use adjacent to a public building, so long as the smoking area is located greater than ten (10) feet from any public entrance or exit to such building.

§ 6.204-6.205 Reserved.”

SECTION 3.

This Ordinance shall be cumulative of all provisions of ordinances and the Seymour Revised Code of Ordinances, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed.

SECTION 4.

It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable. If any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this Ordinance.

SECTION 5.

            Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be deemed guilty of a Class C misdemeanor and upon conviction therefore shall be fined in accordance with Section 1.106, Seymour Revised Code of Ordinances. Each day that a violation is permitted to exist shall constitute a separate offense.

SECTION 6.

All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the Seymour Revised Code of Ordinances, amended or revised herein, or any other ordinances affecting the subject matter herein which have accrued at the time of the effective date of this Ordinance. Any and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances shall not be affected by this Ordinance, but may be prosecuted until final disposition by the courts.

SECTION 7.

The City Secretary is hereby directed to publish the caption and penalty clause of this Ordinance in the official City newspaper as authorized by Section 52.011 of the Texas Local Government Code.

SECTION 8.

This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained.

PASSED AND APPROVED THIS ___ DAY OF ________________, 2025.

                                                                        __________________________________

Mark McCord, Mayor

ATTEST:

________________________________

Lauren Bush, City Secretary