HomeMy WebLinkAbout6.2 Muni Code Smoke Pollution
CITY CLERK
File # D[3J[k][Q]-~[(2]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 3, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT: None
PUBLIC HEARING: Amendment of Dublin Municipal Code
Chapter 5.56 (Smoking Pollution Control)
Report Prepared by Roger Bradley, Administrative Analyst
1)
Ordinance Amending Chapter 5.56 of the Dublin Municipal
Code relating to Smoking Pollution Control.
"Clean" version of Ordinance Amending Chapter 5.56
without strikethrough notations.
Notice to Businesses.
2)
3)
Receive Staff Presentation;
Open Public Hearing;
Receive Public Testimony;
Close Public Hearing and Deliberate; and
Waive the reading and INTRODUCE the Ordinance
Amending Chapter 5.56 ofthe Dublin Municipal Code
relating to Smoking Pollution Control (Attachment 1).
DESCRIPTION: At the City Council Meeting on December 18, 2007, the City
Council directed Staffto research and present recommendations for augmenting the City's Smoking
Pollution Control policies and regulations. As part of this direction, Staff was to prepare a Municipal
Code Amendment for Council's consideration that would modify the definition of "reasonable distance"
to increase it from 15 feet to 20 feet. In addition, Council directed Staff at the May 6,2008 meeting to
amend the Chapter to state that smoking is prohibited within a reasonable distance from any "exit,
operable window, vent, or other opening." The Ordinance has been updated to include this language.
Amendment Proposal
The proposed Ordinance expands the distance within which smoking is prohibited from any unenclosed
area where smoking is prohibited and from the entrance, exit, operable window, vent, or other opening
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COPY TO: Janice Louie, ALCO Tobacco Coalition
Page 1 of2
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F:\Council\Agenda Statements\2007-2008\as-resonable distance increase.l.doc
ITEM NO.
into an enclosed area where smoking is prohibited except while actively passing on the way to another
destination and without entering or crossing any area in which smoking is prohibited. "Reasonable
distance" is currently defined as 15 feet, and the proposal is to extend it to 20 feet.
Enforcement of Proposed Ordinance
Dublin Police Services is responsible for enforcing the provisions of the smoking Ordinance. Typically,
enforcement occurs when the City receives notice that a specific violation or repeat violation has occurred.
Fines may be given when necessary, particularly for repeat offenses. A fine not exceeding $100 may be
issued for any single violation within a given year, followed by a fine of $200 for a second violation, and a
fine of $500 for all subsequent violations within the same year.
Outreach & Notification
All Dublin businesses have received an individual notice, as a courtesy, about the proposed Ordinance and
information about when and how to provide public testimony (Attachment 3). In addition, a courtesy
announcement appeared in the Valley Times on Saturday, May 24, 2008 to inform the community of the
City Council's consideration of the proposed Ordinance.
RECOMMENDATION: Staff recommends that the City Council: 1) receive Staff
presentation; 2) open public hearing; 3) receive public testimony; 4) close public hearing and deliberate;
and 5) waive the reading and INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin
Municipal Code relating to Smoking Pollution Control (Attachment 1).
Page 2 of2
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE
RELATING TO SMOKING POLLUTION CONTROL
WHEREAS, smoking has been shown to pose health risks to smokers; and
WHEREAS, secondhand smoke and its residual contaminants have been shown to pose
health risks to both smokers and nonsmokers; and
WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the
health of it residents by reducing the possibility of exposure to secondhand smoke and its
contaminates by increasing the buffer zone around areas in which smoking is prohibited.
NOW, THEREFORE, the City Council ofthe City of Dublin does hereby ordain as follows:
Section 1. Sections 5.56.040 and 5.56.070 ofthe Dublin Municipal Code are amended as
follows, with additions indicated by double underline:
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 that is devoted to the serving of alcoholic beverages for consumption by
guests on the premises and in which the service of food is incidental to the consumption of
beverages and in which persons younger than twenty-one (21) years of age are at all times
excluded.
"Business" means any sole proprietorship, partnership, joint venture, corporation or other
business entity formed for profit-making purposes, including private residences that are licensed
to provide childcare, adult-care, and other healthcare related services,1etail 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 area containing a counter or table upon which meals are served or
any area designed, established, or regularly used for consuming meals.
"Employee" means any person who is employed by any employer or hired as an independent
contractor 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.
"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
11~1t fOrd 6]3/0€ ~
Attachment 1 - - 0
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 area under the control of a public or private employer that
employees may have cause to enter during the normal course of employment, including, but not
limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and
classrooms, cafeterias and hallways, except that a private residence is not a place of employment
unless it is used as a child care or a health care facility.
"Public place" means any area in 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.
"Reasonable distance" means a distance that ensures that occupants of an area in which
smoking is are not to secondhand smoke created by smokers outside the area.
Except as this distance shall be a minimum of fifteeB
8-A twentv (20) feet unless the application of the twenty (20) foot minimum would
place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a
location closer than fifteeB twenty feet which does not place the smoker in a potentially unsafe
location. A "reasonable distance" shall be a minimum of twenty-five (25) feet from a playground
or a tot lot sandbox area
"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private
or public school cafeteria, and any other eating establishment, organization, club, boardinghouse
or guest house, which gives or offers food for sale to the public, guests, patrons, members or
employees.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products
and accessories.
"Secondhand smoke" means the tobacco smoke created by burning or carrying any lighted
pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in
smoking.
"Self-service display" means the open display of tobacco products or tobacco paraphernalia in
a manner that is accessible to the general public without the assistance of the retailer or employee
of the retailer.
"Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any
lighted pipe, cigar or cigarette of any kind.
"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming
pools, roller and ice rinks, bowling alleys and other similar places where members of the public
assemble to engage in physical exercise, participate in athletic competition, or witness sports
events.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking or
ingestion of tobacco products.
"Tobacco product" means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco.
"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange
for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. "Tobacco
retailing" shall mean the doing of any of these things. This definition is without regard to the
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quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged,
or offered for exchange.
"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 tobacco products and/or tobacco accessories.
5.56.070 Reasonable smoking distance required~$~~~
A. Smoking shall within a reasonable
5.56.040, from any
enclosed area in which smoking is prohibited except on way to
another destination and without entering or crossing any area in which smoking is prohibited.
B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, from any unenclosed area in which smoking is prohibited except while actively passing
on the way to another destination and without entering or crossing any area in which smoking is
prohibited.
Section 2. Severability. The provisions of this Ordinance are severable and ifany
provision, clause, sentence, word or part thereof is 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. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 4. Posting. 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 _ day of
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk
3
3~7
'-f~1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE
RELATING TO SMOKING POLLUTION CONTROL
WHEREAS, smoking has been shown to pose health risks to smokers; and
WHEREAS, secondhand smoke and its residual contaminants have been shown to pose
health risks to both smokers and nonsmokers; and
WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the
health of it residents by reducing the possibility of exposure to secondhand smoke and its
contaminates by increasing the buffer zone around areas in which smoking is prohibited.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Sections 5.56.040 and 5.56.070 ofthe Dublin Municipal Code are amended as
follows, with additions indicated by double underline:
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 that is devoted to the serving of alcoholic beverages for consumption by
guests on the premises and in which the service of food is incidental to the consumption of
beverages and in which persons younger than twenty-one (21) years of age are at all times
excluded.
"Business" means any sole proprietorship, partnership, joint venture, corporation or other
business entity formed for profit-making purposes, including private residences that are licensed
to provide childcare, adult-care, and other healthcare related services,: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 area containing a counter or table upon which meals are served or
any area designed, established, or regularly used for consuming meals.
"Employee" means any person who is employed by any employer or hired as an independent
contractor 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.
"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
1
ATTACHMENT 2
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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 area under the control of a public or private employer that
employees may have cause to enter during the normal course of employment, including, but not
limited to, work areas, vehicles, employee lounges and restrooms, conference rooms and
classrooms, cafeterias and hallways, except that a private residence is not a place of employment
unless it is used as a child care or a health care facility.
"Public place" means any area in 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.
"Reasonable distance" means a distance that ensures that occupants of an area in which
smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area.
Except as otherwise provided in this Chapter, this distance shall be a minimum of twenty (20)
feet unless the application of the twenty (20) foot minimum would place the smoker in a
potentially unsafe location, in which case a "reasonable distance" shall be a location closer than
twenty feet which does not place the smoker in a potentially unsafe location. A "reasonable
distance" shall be a minimum of twenty-five (25) feet from a playground or a tot lot sandbox
area
"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private
or public school cafeteria, and any other eating establishment, organization, club, boardinghouse
or guest house, which gives or offers food for sale to the public, guests, patrons, members or
employees.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products
and accessories.
"Secondhand smoke" means the tobacco smoke created by burning or carrying any lighted
pipe, cigar, or cigarette of any kind, and the smoke exhaled by an individual who engages in
smoking.
"Self-service display" means the open display of tobacco products or tobacco paraphernalia in
a manner that is accessible to the general public without the assistance of the retailer or employee
of the retailer.
"Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any
lighted pipe, cigar or cigarette of any kind.
"Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming
pools, roller and ice rinks, bowling alleys and other similar places where members of the public
assemble to engage in physical exercise, participate in athletic competition, or witness sports
events.
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking
materials of all types, cigarette rolling machines, and any other item designed for the smoking or
ingestion of tobacco products.
"Tobacco product" means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other
preparation of tobacco.
"Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange
for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia. "Tobacco
retailing" shall mean the doing of any of these things. This definition is without regard to the
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quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged,
or offered for exchange.
"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 tobacco products and/or tobacco accessories.
5.56.070 Reasonable smoking distance required.
A. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, from any entrance, exit, operable window, vent, or other opening into an enclosed area
in which smoking is prohibited except while actively passing on the way to another destination
and without entering or crossing any area in which smoking is prohibited.
B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, from any unenclosed area in which smoking is prohibited except while actively passing
on the way to another destination and without entering or crossing any area in which smoking is
prohibited.
C. Smoking shall be prohibited within twenty-five (25) feet from a playground or tot lot
sandbox area.
Section 2. Severability. The provisions of this Ordinance are severable and if any ,
provision, clause, sentence, word or part thereof is 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. This Ordinance shall take effect and be enforced thirty
(30) days following its adoption.
Section 4. Posting. 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 day of
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk
3
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CITY OF DUBLIN
PUBLIC NOTICE AND SUMMARY REGARDING
A PROPOSED AMENDMENT TO THE
MUNICIPAL CODE INCREASING THE
REASONABLE SMOKING DISTANCE FOOTAGE
PROHIBITION FROM 15 TO 20 FEET
THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT A PROPOSED AMENDMENT TO THE
DUBLIN MUNlCIP AL CODE AND THE PUBLIC HEARING PROCESS. FOR SPECIFIC DETAILS, PLEASE
REVIEW THE ENCLOSED DESCRIPTIONS.
REASON FOR THIS NOTICE
You are being provided this notice as your business may be impacted by an ordinance amendment, which the City
Council will consider on June 3, 2008. Specifically, the Dublin City Council will consider amending the
reasonable smoking distance prohibition clause within the Dublin Municipal Code. Currently, smoking is
prohibited within 15 feet of any business entrance. Council will consider increasing this distance to 20 feet.
WHO SHOULD RECEIVE THE NOTICE
You are being provided with this notice as an identified operator of a business within the City of Dublin.
WHEN WILL THE CITY COUNCIL CONSIDER THE AMENDMENT
The City Council will consider the proposed Amendment at a Public Hearing on:
Tuesday, June 3, 2008
7:00 p.m. - City Council Chambers
100 Civic Plaza
Dublin, California 94568
WHEN WILL THE NEW AMENDMENT BE EFFECTIVE
Amendments to the Municipal Code must be considered by City Council at two (2) City Council Meetings. The
proposed amendment would become law 30 days following its second approval by the City Council.
IS THERE AN OPPORTUNITY FOR PUBLIC COMMENT
YES. The Public Hearing noted above is a public meeting and there will be opportunity for public input.
PLEASE NOTE: If you wish to file written comments, you must include the following information: 1) Identify the
issue; 2) Provide your printed name and complete address; 3) Indicate the address of your home or business; and
(4) Provide your signature and the date signed. You may mail your written comments in advance of the Public
Hearing to: Attention City Clerk, City of Dublin, 100 Civic Plaza Dublin, California 94568. In order to have your
written comments recorded, all of the information discussed above must be included.
QUESTIONS
It is our hope that the information included with this Notice is helpful in answering the most common questions. In
the event that you have additional questions, please contact the City Manager's Office at (925) 833-6650.
ATTACHMENT 3