HomeMy WebLinkAboutOrd 36-08 Smoking PollutionORDINANCE NO. 36 - 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, 5.56.050 and 5.56.070 of the 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 child
care, adult care, and other health care 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.
"City sponsored event" means an event which the City of Dublin plans, administers, coordinates, and
finances, and which is held upon property owned by the City of Dublin.
"Community Park" means Dougherty Hills Dog Park, Dublin Heritage Center, Dublin Historic Park,
Dublin Sports Grounds, Dublin Swim Center, Emerald Glen Park, Fallon Sports Park, Shannon Park, and
any new park constructed after the effective date of this Ordinance that is greater than eight (8) acres in
size.
"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
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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.
"Park recreation area" means any and all children's play areas, playgrounds, swimming areas, sports
fields, sports courts, skate parks, and picnic areas.
"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.
"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.
"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 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.
5.56.050 Prohibition of smoking in public places and places of employment.
A. Smoking shall be prohibited in any enclosed public place, business, restaurant, or place of
employment within the city of Dublin except in the enclosed places identified in California Labor Code
Section 6404.5(d), or its successor.
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B. Smoking shall be prohibited in the following enclosed places:
1. Common areas of multi-unit, multi- residence, or multi-family buildings including, but not
limited to, apartments, condominiums, retirement facilities, and nursing homes; and
2. Areas that have a common or shared air space with other enclosed areas in which smoking is
prohibited such as, without limitation, air conditioning systems, heating systems, ventilation systems,
entries, doorways, hallways, and stairways.
C. Smoking shall be prohibited in the following unenclosed places:
1. Dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or
located in any public place;
2. Any City park except for a community park;
3. Any park recreation area within any City park or community parks and within one-hundred (100)
feet of a park recreation area in a community park, except while actively passing on the way to another
destination and without entering or crossing any area in which smoking is prohibited;
4. Any place where people are using or waiting for a service, entry, or a transaction whether or not
such service includes the exchange of money including, but not limited to, ATMs, bank teller windows,
telephones, ticket lines, bus stops and cab stands:;
5. Any City sponsored event, except in any area designated by the City as a smoking area. City
sponsored events may have one but no more than three designated smoking areas of an appropriate size,
provided the area is prominently marked with signs and is located the greatest distance practicable from
all areas of high pedestrian traffic, any parking lots, and any area where smoking is prohibited by other
provisions of this Code, state law, or federal law. In no case shall a designated smoking area be placed
less than 25 feet from such areas.
D. No person shall provide or place ash receptacles such as, without limitation, ashtrays or ash cans,
within an area in which smoking is prohibited, including, without limitation, inside the perimeter of any
reasonable smoking distance required by this chapter.
E. Notwithstanding the exception in subsection A of this section for enclosed places identified in
California Labor Code Section 6404.5(d) or its 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), as well as private residences licensed as family day care homes regardless of
their hours of operation.
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.
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.
Ord No. 36-08, Adopted 10-21-08, Item 4.2 Page 3 of 4
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 21St day of October, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATT~T:
,~
City Clerk
Mayor
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