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HomeMy WebLinkAboutOrd 02-94 Smoking PollutionORDINANCE 2-94 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING TITLE 5 CHAPTER 56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL Section 1 The City Council of the City of Dublin, does ordain as follows: Chapter,56' of Title 5 of the Dublin Municipal Code is amended to read as follows: 5.56.010 Title This chapter shall be known as "the smoking pollution control ordinance." (Ord. 13-86 Sect 1000) 5.56.020 Findings and Purpose. A. The City Council finds that: 1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and 2. Reliable studies have shown that breathing secondhand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and 3. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and 4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and 5. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment. 6. Smoking is a documented cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses. B. Accordingly, the City Council finds and declares that the purposed of this chapter are (1) to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and (2) to strike a reasonable balance between the needs of smokers and the need of non-smokers to breathe smoke- free air, and to recognize that, where these needs conflict, the need to breathe smoke-flee air shall have priority. (Ord. 13-86 Sect 1001) 5.56.030 Applicability. All enclosed facilities owned by the City. shall be subject to the provisions of this chapter. (Ord. 13-86 Sect 1003) 5.56.040 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area within, part of or associated with a restaurant which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered. "Dining area" means any enclosed area containing a counter or tables upon which meals are served. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. "Employer" means any person, partnership, corporation, or nonprofit entity, including a municipal corporation, who employs the services of one or more persons. "Enclosed" means cloSed in by roof and four walls with appropriate openings for ingress and egress. "Free-Standing Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the conSumption of such beverages and which is not a "bar," provided that, if there are any other uses in the building, the area has a self contained ventilation system separate and apart from any ventilation system for any portion of the building which is not devoted to the serving of alcoholic beverages. "Nonprofit entity" means any corporation, unincorporated association, or other entity created for charitable, educational, political, social, or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section. "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges, and restrooms, conference and class rooms, cafeterias and hallways. Except: 1. A private residence is not a place of employment, unless it is used as a child care or a health care facility; 2. The dining area of a restaurant is not a "place of employment." "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to: banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments; retail stores, theaters, and waiting rooms. . "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school cafeteria, and any other eating establishing, organization, club, boarding- house, or guest house, which gives or offers food for sale to the public, guests, patrons, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in the subsection defining "bar" in this section. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "Separately Ventilated Room" means 1. An area which has a separate heating, ventilation and air-conditioning system (HVAC) designed such that none of the air from the room will be recirculated into other areas of the building. 2. A Separately Ventilated Room should be located in an area which does not require non- smokers to enter the room for purposes of ingress, egress to and from a building or for the purposes of conducting normal business operations. "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. "Smoking" means inhaling, exhaling, burning, or carrying any lighted pipe, cigar, or cigarette of any kind, or any other combustible substance. "Sports arena" means sports pavilions, gymnasiums, health spas, boxing areas, swimming pools, roller and ice rinks, bowling centers and other similar places where members of the public assemble to engage in physical exercise, participate in athletic competition, or Witness sports events. (Ord 13-86 Sect 1002) "Vending Machine" means any electronic or mechanical device or appliance, the operation of which depends upon insertion of money, whether in coin or in paper bill, or other thing representative of value, which dispenses or releases a tobacco products and/or tobacco accessories. 5.56.050 Prohibition of smoking in public places. A. Smoking shall be prohibited in all enclosed public places within the City of Dublin including, but not limited to, the following places: 1. Elevators and restrooms; 2. Buses, taxicabs and other means of public transit under the authority of the City, and in ticket, boarding, and waiting areas of public transit deports; provided, however, that this prohibition does not prevent (a) the establishment of separate Waiting areas for smokers and non- smokers, of equal size or (b) the establishment of a maximum of fifty percent (50%) of a given waiting area as smoking area; 3. Service lines; 4. Retail stores, except areas in said stores not open to the public and all areas within retail tobacco stores; 5. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the purpose of serving of food and drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise regulated by this chapter. 6. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to, business offices, banks, hotels, and motels; 7. Restaurants, limited to indoor dining areas, waiting areas, restrooms, offices, break rooms, and food preparation areas. 8. Bars, which do not meet the requirements for Separately ventilated rooms, effective January 10, 1995; 9. Public areas of aquariums, libraries, and museums when open to the public. 10. Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production. 11. Sports arenas and convention halls. 12. Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, 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 subject to the jurisdiction of the city; 13. Waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices. In bed space areas of health facilities used for two or more patients, smoking shall be prohibited. 14. Polling places. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. (Ord. 13-86 Sect 1004) 5.56.060 Regulation of smoking in places of employment. A. It shall be the responsibility of employers to a provide smoke-free places of employment for all employees. B. Employers may, however, designate smoking areas that meet the requirements for a separately ventilated room. 5.56.070 Areas not regulated. A. Notwithstanding any other provisions of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: 1. Bars, as defined in this article, provided the bar meets the requirements for a separately ventilated room. . o facility; Free-Standing Bars. Private residences, except when used as a child care or a health care 4. Hotel and motel rooms rented to guests; B. Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. (Ord 13-86 Sect 1006) 5.56.080 Posting of signs. A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch (1") in height, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner, operator, manager or other person having control of such building or other place. B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of each feature motion picture. 5.56.090 Retaliation prohibited. No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 13-86 Sect 1010) 5.56.100 Public education by city. A. The City Manager shall engage in a continuing program to explain and clarify the purposes of this article to citizens affected by it, and to guide owners, operators and managers in their compliance with it. B. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other governmental and health agencies equipped with the needed expertise to conduct such campaigns. (Ord 13-86 Sect 1011) 5.56.110 Public education - Cooperation with other agencies. The City Manager shall annually request other governmental and educational agencies having facilities within the city to establish local operating procedures in cooperation and compliance with this chapter. The City Manager shall urge federal, state, county and special school district agencies to enforce their existing smoking control regulations and to comply voluntarily with this chapter. (Ord 13-86 Sect 1012) 5.56.115 Tobacco Vending Machines Prohibited and Tobacco Samples Prohibited A. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other'device designed or used for vending purposes. B. No person shall knowingly distribute or furnish without charge, or cause to be furnished without charge to the general public, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, at any event open to the public, or in any public place including but not limited to, any right-of-way, mall or shopping center, park, playground, and any other property owned by the city, any school district, or any park district, except in retail tobacco stores. 5.56.120 Interpretation. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord 13-86 Sect 1013) 5.56.130 Enforcement - Administrative officer designated. A. Enforcement shall be implemented by the City Manager. B. Any citizen who desires to register a complaint thereunder may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter. (Ord. 13-86 Sect 1008) 5.56.140 Violation - Penalty. A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions. B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter. C. Any person who violates any provision of this chapter shall be guilty of any infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100), for first violation; 2. A fine not exceeding two hundred dollars ($200), for a second violation of this chapter within one (1) year; 3. A fine not exceeding five hundred dollars ($500), for each additional violation of this chapter within one (1) year. (Ord. 13-86 Sect 1009) 5.56.150 Appeal Process Administrative decisions made by the City Manager relating to this Article may be appealed to the City Council in accordance with Section 1.04.050 of the Dublin Municipal Code. Section 2 - Effective Date and Posting of Ordinance This ordinance shall take effect and be in force 30 days after its adoption. 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 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 10th day of January, 1994 AYES: Councilmembers Burton, Howard, Houston, Moffatt, and Mayor Snyder NOES: ABSENT: ABSTAIN: ATTEST:..T~ ,~~,d/