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Home My WebLink AboutOrd 25-08 Smoke Pollution Cont ORDINANCE NO. 25 - 08 AN ORDINANCE OF THE CITY COUNCIL 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: 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 Ord No. 25-08, Adopted 6/17/08, Item 4.11 Page 1 of 3 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 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 accessones. "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. Ord No. 25-08, Adopted 6/17/08, Item 4.11 Page 2 of 3 "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 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 17th day of June, 2008, by the following vote: AYES: NOES: ABSENT: Councilmembers Hildenbrand, Oravetz, and Scholz, and Vice Mayor Sbranti None Mayor Lockhart ABSTAIN: None (j'{~ Vice Mayor AT1L: {; fW Deputy City Clerk Ord No. 25-08, Adopted 6/17/08, Item 4.11 Page 3 of3