HomeMy WebLinkAboutOrd 14-09 Muni Code Smoking PollutionORDINANCE NO. 14-09
AN ORDINANCE C)F THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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 rE;sidual contaminants have been shown to pose
health risks to both smokers and nonsmokers; ar~d
WHEREAS, cigarette butts pose a health threat to young children when ingested, which may
result in vomiting, lethargy, nausea, and asphyxiation; and
WHEREAS, state law does not prohibit smoking on the premises of licensed childcare facilities
operating out of private residences; and
WHEREAS, the City Council of the City of Dublin wishes to preserve and improve the health of
those who reside, work, or receive care at such facilities by prohibiting smoking within the total
property area.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as
follows:
Section 1. Sections 5.56.040 and 5.56.050 of the Dublin Municipal Code are amended as
follows, with additions indicated in 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 (:?1) 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.
"City-sponsored event" means an event which the City of Dublin plans, administers, coordinates,
and finances, and which is held upon property ovvned by the city of Dublin.
"Community park" means Dougherty Hills Docl 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 the ordinance codified in this chapter that is
greater than eight (8) acres in size.
"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.
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"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 (1) or more persons.
"Enclosed" means closed in by a roof and four (4) walls with appropriate openings for ingress and
egress.
"Landlord" means any person who owns real property leased as residential property, any person
who lets residential property, or any person who manages such property, except that "landlord" does
not include sublessors.
"Multi-unit residence" means a premises that contains sixteen (16) or more units for rent:
"Multi-unit residence common area" means any outdoor area of a multi-unit residence accessible to
and usable by residents of different units, including but not limited to play areas, common cooking
and eating areas, swimming pools, common courtyards, paths and walkways, and parking areas.
"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 lis 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.
"Person" means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity.
"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.
"Premises" means a piece of land and any improvements upon it such as is usually described in a
deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are
owned by the same person or by multiple persons owning and operating the land under common
control.
"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 (20) 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.
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"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.
"Single-family residence" means and includes a detached single-family dwelling designed or
intended for occupancy by one person or by one family.
"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 paraphernnalia sold, offered for sale, exchanged, or offered for
exchange.
"Unit" means: (1) a dwelling space consisting of complete independent living facilities for one or
more persons, including, for example, permanent provisions for living and sleeping, and any private
outdoor spaces like balconies and patios; and (2) senior citizen housing and single room occupancy
hotels, as defined in California Health and Sai~ety Code Section 50519(b)(1), even where lacking
private cooking.. facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or
motel that meets the requirements set forth in California Civil Code Section 1940(b}(2).
"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 iin 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 multifamily 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 restaurrant, 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;
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5. Any City-sponsored event, except in any area designated by the City as a smoking area.
City-sponsored events may have one (1) but not more than three (3) 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 in which
smoking is prohibited by this Code, state law, or federal law. In no case shall a designated smoking
area be placed less than twenty-five (25}feet fromm such areas.
6. Smoking is prohibited in all multi-unit residence common areas, except that a landlord may
designate a portion of the outdoor area of premises as a smoking area as provided in subparagraph
(a) below
a. A designated smoking area:
i. Must be located a reasonable distance from any area where smoking is prohibited; and
ii. Must be no more than twenty-five percent (25%) of the total outdoor area of the
premises for which it is designated; and
iii. Must have a clearly marked perimeter; and
iv. Must be identified by one conspicuous sign at the designated smoking area, and one
conspicuous sign elsewhere on the premises; .and
v. Must not overlap with any area in which smoking is otherwise prohibited by this chapter
or other provisions of this code, state law, or federal law.
7. The unenclosed spaces of any parcel on which a private single family residence licensed
as a family day care home exists.
b. If a suitable area cannot be determined, an exemption from the requirements of this
section may be granted at the discretion of the City Manager, or his or her designee, provided that the
smoking area does not overlap with any area otherwise prohibited by other provisions of this Code,
state law, or federal law.
c. Nothing shall prevent amulti-unit residence from designating all outdoor areas of the
premises as nonsmoking.
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
Ca-ifornia 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.
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, clausE~s, 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.
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PASSED, APPROVED AND ADOPTED this 6T" day of October, 2009, by the following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
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Mayor
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City Clerk
Ord. No. 14-09, Adopted 10-6-09, Item 4.7 Page 5 of 5