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HomeMy WebLinkAbout6.2 Smoking Ord CITY CLERK FILE # 560-90 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 17, 2002 SUBJECT: Public Hearing: Amendments to the Smoking Pollution Control Ordinance -Second Reading Report Prepared By: Jason Behrmann, Administrative Analyst ATTACHMENTS: 1) Ordinance amending Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control 2) City Council Agenda Statement dated September 3, 2002 RECOMMENDATION: 1) Open Public Hearing  >ff/2) Receive Public Testimony ~ 3) Close Public Hearing 4) Deliberate 5) Waive'reading and ADOPT Ordinance FINANCIAL STATEMENT: None DESCRIPTION: At its meeting of September 3, 2002, the City Council introduced an Ordinance amending Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control (Attachment 1). The amendments would change the Ordinance as follows: 1. Prohibit the retailing of tobacco products or tobacco paraphernalia by means of a self-service display. 2. Prohibit smoking in outdoor dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place. 3. Prohibit smoking within a reasonable distance from any unenclosed area in which smoking is prohibited and the main entrance of any 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. Reasonable distance is defined as a minimum of 10 feet. COPIES TO: ITEM NO. ~ H/cc-forms/agdastmt.doc 4. Prohibit smoking in common areas of multi-family bUildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes. Additionally, the Ordinance has been updated to reflect changes that have occurred in State law since the Ordinance was last amended in 1994. RECOMMENDATION: Staff recommends that the City Council open the public hearing, receive public testimony~ close the public heating, deliberate, waive the reading and ADOPT the Ordinance amending Dublin Mtmicipal Code Chapter 5.56 -Smoking Pollution Control. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING AND REGULATION OF SALES OF TOBACCO AND RELATED PRODUCTS THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS: SECTION 1: FINDINGS. The purpose of this ordinance is to bring the existing provisions of Chapter 5.56 of the Dublin Municipal Code regulating smoking into conformity with recent changes in state law and to add additional permissible restrictions on smoking in enclosed and unenclosed public places and places of employment. The Council has received information from the public that some bothersome smoking permissible under state law in places of employment and in enclosed and unenclosed public places continues despite the known health risks to smokers and of secondhand smoke. The Council's intent in adopting this ordinance is to preserve and improve the health of the residents and workers of the City by reducing their exposure to secondhand smoke and the harmful effects thereof on human health. SECTION 2: CHAPTER 5.56 OF THE MUNICIPAL CODE AMENDED. Chapter 5.56 of the Dublin Municipal Code is hereby amended as follows, with smaclc o'at text indicating deletion and double underlined text indicating addition: 5.56.030 Applicability. All enclosed areas and facilities owned by the city shall be subject to the provisions of this Chapter. 5.56.040 Definitions. "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 excluded an ,,,;**.;~ ~...-~ ~,c ....... ;~,~.~ ..,;**. .... , ...... · ...~;~ ;~ are atall times ~.~. , ........ , v ............................................ "D~ning ama" means an~ ~e8 containing a co~t~r or table upon which m~a]s ~ s~d or any ~ea desired, established, or re~larly used for consuming meals any enclosed area 1 A-n-ACHMENT 1 "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 an:, .......... ~"- ;~ "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 any ,enclosed area render "Public place" means any ~etosed 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 insures that occupants of an area in which smoking is prohibited are not exposed to secondhand smoke created by smokers outside the area. This distance shall be a minimum often (10) feet unless the application of the ten-foot minimum would place the smoker in a potentially unsafe location, in which case a "reasonable distance" shall be a location closer than ten 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, rons,, members or em~_ovees. ~..j .......... F, ......... , ....... ,______ ____ ...... , .... 2 "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. "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. 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 p lace of emplosment within the city of Dublin except in the enclosed places identified in California Labor Code section 6404.5(d), or its successor. 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 3 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; Children's play areas; 3. 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. 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. Janum'y I, ~ 9 13. 5.56.060 Du~ of employer, business, or nonnrofit enti~ o .... ,..~..r.~].:.. :. ~. ~o employer, business, or nonprofit entit~ shall ~owingly or intentiOnally pe~it the smoking of tobacco products in an area which is under the employer's, business's, or nonprofit entitv's control and in which smoking is prohibited. B. No employer, business,' or nonprofit entity shall ~owingly or intentionally pe~it the presence or placement of ash receptacles, such as, wi~out limitation, ~h trays or ash cans, within an ~ea which is under the employer's, business's, or nonprofit entity's control and in which smoking is prohibited, including, without limitation, inside the pehmeter of any reasonable smoking dist~ce required by this chapter. C. No~ithstanding any other provision of this chapter, any employer, business, nonprofit entity, or other person who controls ~v area may declare that ~y pa~ of such area in which smoking would othe~ise be pe~itted is a nonsmoking area. 5.56.070 Reasonable smokin~ distance reueired -10 feet ~ ...... ' ..... A. Smoking shall be prohibited withn a reasonable dist~ce, as defined in this chapter, ~om any main enhance into an enclosed ~ea in which smoking is prohibited except while actively passing on the way to another destination and without entehng or crossing ~y area in which smoking is prohibited. B. Smoking shall be prohibited withn a reasonable distance, as defined in this chapter, ~om ~y unenclosed area in which smoking is prohibited except while actively passing on the way to another destination ~d without entering or crossing any area in which smohng is prohibited. 5.56.115 Tobacco self-service displays and tobacco samples prohibited A. It is ~]awful for any person to display tobacco products or tobacco paraphernalia by means of a self-se~ice display or to engage in tobacco retailing by means of a self-se~ice display. Tobacco retailing by me~s of a vending machine is prohibited by this section. 6 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, 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 district, or any park district, except in retail tobacco stores. SECTION 3: SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unenforceable by a court of competent jurisdiction, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases, or the application of any of the foregoing to a particular person or circumstance, be held unconstitutional, invalid, or unenforceable. SECTION 4: PUBLICATION AND EFFECTIVE DATE. In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. 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 BY THE CITY COUNCIL OF THE CITY OF DUBLIN on this __ day of__, 2002, by the following votes: Ayes: Noes: Absent: Abstain: Mayor Attest: City Clerk CITY CLERK File # [~~~J-L~[~ AGENDA STATEMENT Cl .TY. COUNCIL MEETING DATE: September 3, 2002 SUBJECT: public Hearing: Amendments to the Smoking Pollution Control Ordinance Report Prepared By: Jason Behrmann, Administrative Analyst ATTACHMENTS: .1) Ordinance mending Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control 2) California Labor Code section 6404.5 (smoke-free workplace law) 3) Notice to businesses regarding proposed Smoking Ordinance amendments 4) Letter from Robert E. Lew, D.D.S. · 5) Letter from Dublin Chamber of Commerce 6) Smoking Control. Ordinances in Alameda County RECOMMENDATION_/ 1) Open Public Hearing 2) Receive Public Testimony 3) Close Public Hearing 4) Del/berate 5) Waive reading and INTRODUCE Ordinance FINANCIAL STATEMENT: None DESCRIPTION: At the regular city Council Meeting On July 16, 2002, the City Council directed Staff to introduce amendments to Dublin Municipal Code Chapter 5256 - Smoking Pollution Control (Attachment 1). The amendments would change the Ordinance as follows: 1. Prohibit the retailing of tobacco products or tobacco paraphernalia by means ora self-service display. 2. Prohibit smoking in dining areas that are part of a restaurant, business, nonprofit entity, place of employment, or located in any public place. COPIES TO: ITEM NO. 6.4 H/cc-forms/agdastmt. doc .. ATTACHMENT 2 3. Prohibit smoking within a reasonable distafi~ ~m any entrance, opening, or vent into an 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. 4. Prohibit smoking in common areas of multi-family buildings including, but not limited to, apartments, condominiums, retirement facilities, and nursing homes. Additionally, the OrdinanCe has been updated to reflect changes that have occurred in State law since the Ordinance was last amended in 1994. Current State law as it relates to. a smoke-free workplace is included as Attachment 2. On August 9, 2002, Staff mailed a notice '(Attachment 3) to all Dublin businesses and multi-family Complexes in the City informing them of the proposed amendments and public hearing date. City Staff has received 2 phone calls, one email and one letter (Attachment 4) in support of the proposed amendments. Additionally, the City has received a letter of opposition from the Dublin Chamber of Commerce (Attachment 5). 'The following table compares Dublin's proposed amendments with existing smoking control ordinances in neighboring juriSdictions. A complete list of all Alameda County jurisdictions is attached (Attachment 6). Dublin (Current) Dublin (Proposed) Livermore Pleasanton San Ramon Self-Service Banned - Banned- All Banned- Banned - Banned-All Displays Cigarettes only tobacco products Cigarettes Cigarettes tobacco and paraphernalia only only products Outdoor No provision Smoke-Free No Provision Smoke-Free Smoke-Free Dining Outdoor No provision Smoke-Free - 25 ft. Smoke-Free; Smoke-Free; Smoke-Free; Areas: No defined No defined No defined Reasonable footage footage footage Distance Multi-family No provision Smoke-Free Smoke-Free Smoke-Free smoke-Free common areas Section 5.56.060 of the Ordinance (Attachment 1, pg. 5) describes the responsibilities of businesses and employers in relation to the smoking 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 repeated violation has occurred. Warnings are usually given for first offenses, however fines may be given when necessary, particularly for repeat offenses. A fine not exceeding one hundred' ($100) may be issued for the first violation, followed by a two hundred ($200) fme for the second violation and a five hundred ·($500) fine for all subsequent violations within one year. Both businesses and/or individuals may be fined for any violation of the Ordinance. .}mCOMM NDAT OS: Staff recommends that the City Council open the public hearing, receive public testimony, close the 'mblic · hearing, deliberate, waive the reading and INTRODUCE the amendments to the Smoking Pollution Control Ordinance.