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OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA The Honorable Al McAffrey State Senator, District 46 ATTORNEY GENERAL OPINION 2013-2 2300 N. Lincoln Blvd., Room 527 A Oklahoma City, Oklahoma 73105 Dear Senator McAffrey: February 5, 2013 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Are municipalities prohibited by the Smoking in Public Places and Indoor Workplaces Act, (63 0.S.2011 & Supp.2012, §§ 1-1521 - 1-1527), or the provisions of Oklahoma's public nuisance statute, 21 0.S.Supp.2012, § 1247, from enacting and enforcing ordinances banning public smoking in all outdoor areas of municipally owned or operated properties, including but not limited to all outdoor areas of municipal public parks? Your question can be answered by examining the authority of municipalities to enact ordinances to control smoking, and determining whether such ordinances would be preempted or superseded by the Smoking in Public Places and Indoor Workplaces Act or the provisions of Oklahoma's public nuisance statute. I I. ALL REGULATIONS, INCLUDING MUNICIPAL ORDINANCES, ENACTED TO CONTROL PUBLIC SMOKING MUST BE THE SAME As THE PROVISIONS OF THE SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES ACT. The Smoking in Public Places and Indoor Workplaces Act ("Smoking in Public Places Act"), 63 0.S.2011 & Supp.2012, §§ f-1521 - 1-1527, generally regulates and prohibits smoking in specified public places and outdoor areas. Enacted by the Oklahoma Legislature in 1987, the 1 Your original Opinion request includes four questions; however, the questions have been consolidated into one as the answer to the consolidated question resolves all issues. See letter from AI McAffrey, Oklahoma State Senator, to E. Scott Pruitt, Attorney General of Oklahoma (Oct. 10,2012) (on file with author). 313 N.E. 21sr STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A \.., recycled paper
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Title | 2013-2 ocr 1 |
Full text | OFFICE OF ATTORNEY GENERAL STATE OF OKLAHOMA The Honorable Al McAffrey State Senator, District 46 ATTORNEY GENERAL OPINION 2013-2 2300 N. Lincoln Blvd., Room 527 A Oklahoma City, Oklahoma 73105 Dear Senator McAffrey: February 5, 2013 This office has received your request for an official Attorney General Opinion in which you ask, in effect, the following question: Are municipalities prohibited by the Smoking in Public Places and Indoor Workplaces Act, (63 0.S.2011 & Supp.2012, §§ 1-1521 - 1-1527), or the provisions of Oklahoma's public nuisance statute, 21 0.S.Supp.2012, § 1247, from enacting and enforcing ordinances banning public smoking in all outdoor areas of municipally owned or operated properties, including but not limited to all outdoor areas of municipal public parks? Your question can be answered by examining the authority of municipalities to enact ordinances to control smoking, and determining whether such ordinances would be preempted or superseded by the Smoking in Public Places and Indoor Workplaces Act or the provisions of Oklahoma's public nuisance statute. I I. ALL REGULATIONS, INCLUDING MUNICIPAL ORDINANCES, ENACTED TO CONTROL PUBLIC SMOKING MUST BE THE SAME As THE PROVISIONS OF THE SMOKING IN PUBLIC PLACES AND INDOOR WORKPLACES ACT. The Smoking in Public Places and Indoor Workplaces Act ("Smoking in Public Places Act"), 63 0.S.2011 & Supp.2012, §§ f-1521 - 1-1527, generally regulates and prohibits smoking in specified public places and outdoor areas. Enacted by the Oklahoma Legislature in 1987, the 1 Your original Opinion request includes four questions; however, the questions have been consolidated into one as the answer to the consolidated question resolves all issues. See letter from AI McAffrey, Oklahoma State Senator, to E. Scott Pruitt, Attorney General of Oklahoma (Oct. 10,2012) (on file with author). 313 N.E. 21sr STREET· OKLAHOMA CITY, OK 73105· (405) 521-3921 • FAX: (405) 521-6246 A \.., recycled paper |
Date created | 2013-02-12 |
Date modified | 2013-02-12 |