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HomeMy WebLinkAboutOrd 10-11 Smoking Pollution ControlORDINANCE NO. 10-11 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 non-smokers; 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 providing housing for non-smokers within the City's apartment rental housing complexes. NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: Section 1. Sections 5.56.055 and 5.56.130 of the Dublin Municipal Code are amended to read as follows: 5.56.055 Prohibition of smoking in multi-unit residences A. Multi-unit residences: 1. In every Multi-Unit Residence, at least fifty percent (50%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), must be. permanently designated as non-smoking units by January .1, 2011 and at least seventy-five percent (75%) of said units must be permanently designated as non-smoking units by January 1, 2013; 2. Non-smoking units must be contiguously grouped together both horizontally and vertically and physically separated from those units in which smoking is permitted to the maximum extent practicable; 3. Not later than January 31, 2012, a Landlord who chooses to designate fewer than 100% of the Units of a Multi-Unit Residence as non-smoking shall submit the following in accordance with Section E: (i) a description of each proposed designated non-smoking Unit sufficient to identify the Unit; and (ii) a diagram depicting the location of the proposed designated non-smoking Units in relation to all other Units. 4. (i) At least sixty (60) days before submitting the proposed non-smoking Unit designations required by subsection 5.56.055.A(3) above, the Landlord shall provide each tenant with: (a) a written notice of the proposed designations, clearly stating that the proposed designation will take effect as of January 1, 2013, and that smoking in a Unit which is designated as a non-smoking Unit will be illegal as of January 1, 2013; (b) a diagram depicting the location of the proposed designated non-smoking Units in relation to all other Units; and (c) a copy of this Chapter.; (ii) A Landlord may modify the proposed designations based upon comments received from tenants. Page 1 of 4 (iii) At least thirty (30) days before submitting the proposed designations of non-smoking Units required by subsection 5.56.055.A(3) above, the Landlord shall provide a~ll tenants written notice of the proposed designations clearfy stating that Smoking in a designated non-smoking Unit will be illegal as of January 1, 2013. These proposed designations may differ from the proposed designations sent to tenants pursuant to subsection 5.56.055.A(4)(i). 5. All Units in any Rental Complex for which a Landlord is required to submit information pursuant to Section 5.56.055.E below, but for which such information, for any reason, is not fully and timely submitted shall be deemed to be designated as non-smoking Units as of January 1, 2013 or until such a time as the landlord has submitted the proper documentation. 6. Smoking is prohibited in designated non-smoking units in muiti-unit residences; 7. Landlords may designate a higher percentage of non-smoking units or do so within an earlier timeframe than required under subsection (A)(1). B. Required lease terms: 1. Every lease or other agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after March 1, 2009, shall include the provisions set forth in subsections (a - c) below on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice. a. A clause stating that smoking is prohibited in the unit if the unit is a designated non- smoking unit; b. A clause stating that it is a material breach of the lease or agreement to (i) violate any law regulating smoking while on the premises; (ii) smoke in a non-smoking unit; or (iii) smoke in any multi-unit residence common area except for a designated smoking area; c. A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above required clauses; 2. The California Apartment Association's form 34.0, revision 1/07 or 1/11, meets the requirements for lease terms as outlined and is an option for use to comply with this section; 3. The lease or agreement terms required by Section B(1) shall be implied and incorporated by law into every agreement to which Section B(1) applies and shall become effective as of the earliest possible date on which the landlord could have legally made the insertions pursuant to Section B(1); 4. A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (i) the landlord; and (ii) to any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of smoking regulations if the landlord has fu11y complied with Section B(1); 5. Failure to enforce any smoking prohibition in a lease or rental agreement on one or more occasions shall not constitute a waiver of the lease or rental agreement provisions required by this ordinance and shall not prevent future enforcement of any such smoking prohibition on another occasion. C. Disclosure by landlords of multi-unit residences: 1. Every landlord shall maintain a list of designated non-smoking units and a floor plan identifying the relative position of non-smoking units to units in which smoking is permitted. The floor plan also shall identify the location of any designated smoking areas. A copy of this list, floor plan, and a copy of any procedures for addressing smoking related complaints shall accompany every new lease or other agreement for the occupancy of a unit in a multi-unit residence. If a copy of the list and floor plan is not so supplied, the unit subject to the lease shall be a non-smoking unit. Page 2 of 4 D. Prohibitions and duties generally: 1. No person shall smoke or knowingly permit smoking in an area of the premises under his or her legal or de facto control in which smoking is prohibited by a lease or agreement term, by this Chapter, this Code, or any other state or federal law provided, however, that this prohibition does not apply to a person who is already compelled to act under state or federal law. E. Procedures and requirements for mandated submissions 1. Submissions required by this Chapter must be received by the City Manager, or his or her designee, on or before any applicable due date. The submissions shall include all material and information required by this Chapter and such other materials and information as the City Manager, or his or her designee, deems necessary for the administration and enforcement of this Chapter. 2. All material and information submitted pursuant to this Chapter constitute disclosable public records and are not private or confidential. 5.56.130 Enforcement-Administrative of~cer designated. A. Enforcement shall be implemented by the City Manager. . B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. D. Notwithstanding any other provisions of this chapter, a private citizen may bring legal action to enforce this chapter. E. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any Person against the City of Dublin or its agents to compel enforcement of this Chapter. 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. Page 3 of 4 PASSED, APPROVED AND ADOPTED this 19th day of July, 2011, by the following vote: AYES: Councilmembers, Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ; .~ Mayor ATTEST: ~ ~~ City Clerk Ord No. 10-11, Adopted 7-19-11, Item 4.5 Page 4 of 4