HomeMy WebLinkAboutOrd 23-05 SmokingInPublicPlaces
ORDINANCE NO. 23 - 05
AN ORDINANCE OF THE CITY OF DUBLIN
111:."''''*****''***
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN AMENDING SECTION 5.56.050
OF THE DUBLIN MUNICIPAL CODE,
RELATING TO SMOKING IN PUBLIC PLACES
WHEREAS, it is the intention of the City Council of the City of Dublin to prohibit smoking in retail
or wholesale tobacco shops and private smokers' lounges as authorized by Labor Code section 6404.5(i)
and Health and Safety Code section 118910 and 118940.
NOW, THEREFORE, the City Council ofthe City of Dublin does ordain as follows:
Section 1:
Amendment to Section 5.56.050 m the Dublin Municinal Code
Section 5.56.050 of the Dublin Municipal Code is amended by adding subsection E, to read as
follows:
"E. Notwithstanding the exception in subsection A above for enclosed places identified
in California Labor Code Section 6404.5(d) or it successor, "place of employment" shall
include retail or wholesale tobacco shops and private smokers' lounges, as such terms are
defined in California Labor Code section 6404,5(d)( 4)"
Section 2:
Severabilitv
The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part
thereofis held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such
illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to
other persons or circumstances.
Section 3:
Effective Date and Postin\! of Ordinance
This Ordinance shall take effect immediately. This ordinance is adopted as an urgency ordinance
pursuant to subdivision (b) of Government Code section 36937, to take effect immediately, and is for the
immediate preservation of the public peace, health and welfare, The facts constituting the urgency are the
following: Cancer causally related to smoking tobacco is the second-leading cause of death in the United
States. Secondhand smoke increases the risk for lung cancer and coronary heart disease in non-smokers,
The City of Dublin has received inquiries regarding the permitting and establishment of retail and
wholesale tobacco shops and private smokers' lounges and other businesses permitting smoking on the
premises within the City, The City of Dublin does not regulate the location and land use impacts of retail
and wholesale tobacco shops and private smokers' lounges and other businesses permitting smoking on
the premises within the City. Absentthe adoption of this urgency ordinance, the establishment and
operation of retail and wholesale tobacco shops and private smokers' lounges and other businesses
permitting smoking on the premises within the City would result in the harmful effects identified above,
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As a result of the harmful primary and secondary effects associated with tobacco use and the current and
immediate threat such effects pose to the public health, safety, and welfare, it is necessary to prohibit
smoking in retail and wholesale tobacco shops and private smokers' lounges and other businesses,
Postinl! of Ordinance
Section 4:
The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 39633 of the Government Code of
California.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this 4tb of
October, 2005, by the following votes:
A YES: Council members Hildenbrand, McCormick, Oravetz and Mayor Lockhart
NOES: None
ABSENT: Vice Mayor Zika
ABSTAIN: None
ATTEST:
AI'^^-~a, "
City lerk Fawn Holman
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