Title 4. Environment and Natural Resources – Chapter 411

Title 4. Environment and Natural Resources – Chapter 411

CLEAN AIR

411.1. Purpose and Policy

411.2. Adoption, Amendment, Repeal

411.3. Definitions

411.4. Regulation of Smoking

411.1. Purpose and Policy

411.1-1. Purpose. The purpose of this law is to provide a healthy working and learning

environment within buildings and vehicles owned and operated by the Nation by prohibiting

smoking.

411.1-2. Policy. It is the policy of the Nation to commit to promoting health and wellness in all

forms. There is long standing evidence that smoking is harmful to oneself, and that second-hand

smoke is harmful to others. In addition, the long-term effects of electronic cigarettes on individuals

are unclear. In an effort to provide a healthy environment for children, employees, and visitors,

smoking shall be prohibited as described within this law.

411.2. Adoption, Amendment, Repeal

411.2-1. This law was adopted by motion of the Oneida Business Committee on May 25, 1994,

and amended by resolutions BC-02-24-10-I, BC-05-28-14-A, and BC-02-14-24-A.

411.2-2. This law may be amended or repealed by the Oneida Business Committee or General

Tribal Council pursuant to the procedures set out in the Legislative Procedures Act.

411.2-3. Should a provision of this law or the application thereof to any person or circumstances

be held as invalid, such invalidity shall not affect other provisions of this law which are considered

to have legal force without the invalid portions.

411.2-4. In the event of a conflict between a provision of this law and a provision of another law,

the provisions of this law shall control.

411.2-5. This law is adopted under authority of the Constitution of the Oneida Nation.

411.3. Definitions

411.3-1. This section shall govern the definitions of words and phrases used within this law. All

words not defined herein shall be used in their ordinary and everyday sense.

(a) “Building” means a structure that has a roof and more than two (2) substantial walls.

(b) “Electronic cigarette” means a device that enables a person to ingest nicotine, or other

chemicals or substances, by inhaling a vaporized liquid and shall include the cartridges and

other products used to refill the device.

(c) “Indoor” means within the exterior walls of any building.

(d) “Main entrance” means the front entrance to any building, or any entrance a majority

of the employees and public use to access the building.

(e) “Nation” means the Oneida Nation.

(f) “Smoke” or “Smoking” means the inhalation of:

(1) the smoke of burning tobacco encased in cigarettes, pipes and cigars; or

(2) a vaporized liquid from an electronic cigarette, whether the liquid contains or

does not contain nicotine.

(g) “Tobacco product” means any form of tobacco prepared in a manner suitable for

smoking.

411.4. Regulation of Smoking

411.4-1. Prohibition of Smoking. No person may smoke:

4 O.C. 411 – Page 1

(a) in any building owned or operated by the Nation;

(b) within thirty (30) feet of any building owned or operated by the Nation. Receptacles

for disposing of smoking materials shall be maintained at least thirty (30) feet from the

main entrances of the building; or

(1) Exception. A person may smoke within thirty (30) feet of the retail outlets or

any gaming establishments. Receptacles for disposing of smoking materials may

be maintained within thirty (30) feet of the entrances of these buildings.

(c) in any vehicle owned or operated by the Nation.

411.4-2. Exemptions. The following exemptions shall apply to the prohibition of smoking:

(a) Cultural Usage. The reasonable burning of tobacco, sage, cedar, and/or sweetgrass

shall be exempted for cultural usage. Employees working in the vicinity of this cultural use

shall be notified prior to use.

(b) Exempted Locations. The following locations shall be exempted from the prohibition

of smoking:

(1) all gaming areas in any building of the Nation;

(A) Smoking and non-smoking employee break rooms shall be provided in

these buildings and shall have separate ventilation.

(B) Employees shall not smoke while working in these buildings, other than

in the provided break room.

(2) residential buildings that are owned by the Nation, including, but not limited

to, single-family dwellings, two (2) family dwellings, and multiple-family

dwellings, unless otherwise prohibited by a lease or rental agreement; and

(3) a tobacco store, on or in premises controlled by Oneida Retail, that sells tobacco

product, unless prohibited by Oneida Retail or the terms and conditions of the lease

or land or building assignment.

411.4-3. Posting and Notices. All buildings of the Nation, except for those exempted by section

411.4-2(b) of this Law, shall be posted as “Non-Smoking” on entrances. In addition, the hallways,

restroom facilities, and other public areas of these buildings may also be posted as “NonSmoking.” Signs shall be large enough that they can be viewed and read thirty (30) feet from the

building.

411.4-4. Violations.

(a) Any building manager or designated agent of the Nation may file for injunctive relief

with the Nation’s Judiciary against any person who repeatedly or willfully violates this

law.

(b) An employee of the Nation who violates this law during their work hours may be

subject to the following disciplinary action in accordance with the Nation’s laws and

policies governing employment:

(1) written warning for a first-time violation;

(2) suspended without pay for a second violation; or

(3) terminated from employment for any violation thereafter.

End.

Adopted – OBC motion on 05-25-94, Grace period for thirty (30) feet until shelters complete, except for at educational

facilities where minors are present.

Amended – BC-02-24-10-I

4 O.C. 411 – Page 2

Amended – BC-05-28-14-A

Amended – BC-02-14-24-A

4 O.C. 411 – Page 3