Cleveland Law Library Weblog

More Commentary on Smoking Ban

Professor David Forte points out that the smoking ban places restrictions on smoking on outdoor patios, in private clubs and tobacco stores, making the ban more restrictive than most voters probably realized.  See Professor Forte Speaks Out on Smoke-Free Legislation Election Results by Jan Novak, Cleveland Marshall Law Library Blog, Nov. 17, 2006. 

Bricker and Eckler offers this informative article: Ohio SmokeFree Workplace Act: What Businesses Need to Know, Nov. 2006.  The article points out that smoking must be banned in company owned vehicles and employee smoking lounges are no longer allowed.

Ohio Passes Smoking Ban

Ohioans voted to enact a ban on smoking in public places and places of employment.  There are exceptions, including exceptions for  private clubs (if the club has no employees), private homes, and family owned and operated businesses where all employees are relatives and the employment area is not open to the public.  Issue 5  will enact Ohio Revised Code Chapter 3794. 

The Ohio Department of Health is to establish fines for violations.  Fines for business owners must be not less than $100 but not more than $2,500.  Each day will constitute a separate violation.  The schedule of fines will be progressive, based on the number of past violations by the business.  A first offense will receive a warning and no fines. Businesses must also post no smoking signs and remove ashtrays. The text of Issue 5 including ORC Ch. 3794 see  Issue 5: Proposed Law on the League of Women Voters web page.  Sources:  Sweeping Prohibition on Smoking is Adopted by Harlan Spector, The Plain Dealer, Nov. 8, 2006. Constitutional Amendments for 2006 , 11/6/06, on the Ohio Legal Research Blog. 

The law will become effective in thirty days.  See Ohio Constitution, Article 2, Section 1(b); When Are Ballot Initiatives Effective?, Cincinnati Law Library Blog, Nov. 8. 2006.   The enforcement date is yet to be decided.  The Department of Health must first establish rules for enforcement.  See Voters Send a Message: No Ifs, Ands or Butts in Ohio by Harlan Spector, The Plain Dealer, Nov. 9, 2006. 

Cleveland Considers Banning Spray Paint Sales to Minors

Cleveland City Council is considering a proposed ordinance which will ban spray paint sales to minors, making it a criminal offense for both the minor and the seller.  Adults can not furnish a minor with aerosol paint, except for lawful activities supervised by a parent, teacher, guardian or employer.  Possession by a minor is also illegal, unless one of these exceptions apply.  New sections 623.101 and 623.102 would be created.  See City Record for October 4, 2006, at page 1795, page 15 of the pdf document. 

New Junk Fax Rules Now in Effect

New FCC rules on junk faxing go into effect today.  Unsolicited advertising can be sent via fax only if there is an established business relationship.  The sender must provide opt out information. TVC Alert, Aug.1, 2006, citing,   FCC Report and Order, April 6, 2006, containing the new junk fax regulations.  Also see:  Fax Advertising: What You Need to Know on the FCC webpage. 

City of Cleveland Expands Definition of "Regulated Items" for Junk Yards

The City of Cleveland recently amended Cleveland Codified Ordinance 676.01 to expand the definition of "regulated items" for junk yards.  Regulated items now include residential copper and plumbing and electrical wire, aluminum gutters and downspouts, stained glass, household fixtures and fixtures or property from places of worship. Special records must be maintained for regulated items if the items are not obtained from an exempt entity.  If the police give notice that stolen material has been found among the regulated items, the items must be retained intact for police inspection. See CCO Chapter 676.  The new ordinance also amended CCO 676.15 to provide that a business in violation of CCO Chapter 676 or any other applicable statute, rule or ordinance, shall be ordered closed.   See Ordinance No. 1132-04, City Record, July 19, 2006, pages 1333 and 1352, pages 43 and 62 of the pdf document.