ORDINANCE NO. 26-11291
AN ORDINANCE OF THE CITY OF SALINA, KANSAS, AMENDING ARTICLE III OF CHAPTER 17 OF THE SALINA CODE, INCLUDING SECTION 17-28 AND 17-31 OF THE CODE OF THE CITY OF SALINA, KANSAS, RELATING TO SMOKING REGULATIONS; PROVIDING FOR CONSISTENCY WITH THE KANSAS INDOOR CLEAN AIR ACT; AND REPEALING THE EXISTING SECTIONS 17-28 AND 17-31.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
WHEREAS, the City of Salina has adopted regulations governing smoking and the use of electronic cigarettes in enclosed public places, places of employment, and certain outdoor areas in order to protect the public health and welfare; and
WHEREAS, the City of Salina first passed an Ordinance identifying environmental tobacco smoke (ETS) as a public health risk in 2009, pre-dating the Kansas Indoor Clean Air Act; and
WHEREAS, the Kansas Legislature has enacted the Kansas Indoor Clean Air Act, K.S.A. 21-6109 et seq., which establishes statewide standards regulating smoking in public places and places of employment; and
WHEREAS, the Kansas Indoor Clean Air Act provides specific exceptions under which smoking is permitted; and
WHEREAS, the Governing Body finds that certain provisions of Chapter 17 of the Salina City Code may be more restrictive than state law and prohibit conduct that is permitted under the Kansas Indoor Clean Air Act; and
WHEREAS, the Governing Body desires to amend Sections 17-28 and 17-31 of the Salina City Code to clarify that the City’s regulations shall be interpreted consistently with state law and to expressly recognize the exceptions authorized under the Kansas Indoor Clean Air Act;
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS:
SECTION 1. Sections 17-28 and 17-31 of the Code of the City of Salina, Kansas, are hereby amended to read as follows:
Sec. 17-28. Prohibition of smoking and use of electronic cigarettes in enclosed public places, public meetings, and other places; smoke and electronic cigarette vapor free workplace.
It shall be unlawful, with no requirement of a culpable mental state, to smoke or to use an electronic cigarette in an enclosed area or at a public meeting within the city, including, but not limited to, the following places:
(1) Public places;
(2) Public transportation and transportation facilities including, but not limited to, buses, bus terminals, taxicabs, train stations, limousines, and airports; as well as ticket, boarding, and waiting areas of public transit facilities;
(3) Restrooms, lobbies, reception areas, hallways, elevators, and any other common areas in public and private buildings, apartment buildings, condominiums, common areas in mobile home parks (club houses, storm shelters), retirement facilities, nursing homes, and other multiple-residential facilities;
(4) Restrooms, lobbies, reception areas, hallways, elevators, and other common areas in hotels and motels and in a least eighty (80) percent of the sleeping quarters within a hotel or motel that may be rented to guests;
(5) Access points of all buildings and facilities not exempted pursuant to section 17-31;
(6) Any place of employment;
(7) All vehicles and enclosed facilities owned, leased, or operated by the city;
(8) Service lines;
(9) Retail stores and retail service establishments;
(10) All areas available to and customarily used by the general public in all businesses and non-profit entities patronized by the public, including, but not limited to, offices, banks, and laundromats;
(11) Food service establishments and bars, excluding areas of a food service establishment or bar that are not enclosed areas;
(12) Galleries, libraries, and museums;
(13) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital or other similar performance, except that performers may smoke when the smoking is a part of a stage production;
(14) Sports arenas and convention halls; bowling facilities and billiard parlors;
(15) Every room, chamber, place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is located within the city;
(16) Waiting rooms, hallways, wards, and patient rooms of health care facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices;
(17) Polling places;
(18) Licensed childcare and adult day care facilities; and
(19) Bingo facilities.
Sec. 17-31. Where smoking and use of electronic cigarettes are not regulated.
Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the restrictions of this article:
(1) The outdoor areas of any building or facility beyond the access points of such building or facility;
(2) Private homes or residences, except when such home or residence is used as a public place, place of employment, licensed child care facility, or a licensed day care home as defined in K.S.A. 65-530, as amended;
(3) A hotel or motel room rented to one (1) or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty (20) percent;
(4) Private places;
(5) Areas of a food service establishment or bar that are not an enclosed area; and
(6) Any area, location, or circumstance in which smoking is permitted under the Kansas Indoor Clean Air Act, K.S.A. 21-6109 through 21-6116, as amended, including but not limited to:
(a) Private clubs as defined by state law;
(b) Tobacco specialty retail stores;
(c) Gaming floors and facilities where smoking is authorized by state law; and
(d) Any area or structure that does not meet the definition of an “enclosed area” under state law.
Section 2. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 3. Effective date. This ordinance shall be in full force and effect from and after publication.
Passed: July 13, 2026
Signed: July 13, 2026
Michael L. Hoppock, Mayor
ATTEST:
Nikki Goding, City Clerk