HomeMy WebLinkAbout8.1 Smoking Policy •
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 11 , 1989
SUBJECT Smoking Policy for City Facilities
Prepared by Paul S . Rankin , Assistant City Manager)
EXHIBITS ATTACHED City of Dublin Ordinance No . 13-86
Proposed Resolution
RECOMMENDATION f2 : Adopt Resolution .
FINANCIAL STATEMENT: None .
DESCRIPTION In 1986 , the City Council adopted an ordinance which
addresses Smoking Pollution Control . The ordinance includes provisions for
smoking restrictions within places of employment as well as public
buildings .
The occupation of the Civic Center has resulted in a need to address smoking
restrictions within public facilities . As defined by Ordinance No . 13-86
smoking would be prohibited in several areas of the facility . This includes
elevators , restrooms , areas customarily used by the general public , public
meeting rooms and a minimum of 50% of the lobby area . In addition , within
the office areas , employees would be allowed to designate their work area as
a non-smoking area.
The ordinance provides that an employer may designate the entire workplace
as a non-smoking area ( Section 1005E) . This provides the easiest policy to
administer for employees . It can also avoid conflicts in open work areas.
Although the ordinance allows the posting of up to 50% of a lobby or
lunchroom as a smoking area, the signing of these areas can be very
difficult . In a main lobby this can distract from the aesthetics of the
facility. In a lunch room situation , it is difficult to assume that the
smoke will only fall within the smoking area .
This problem also presents itself in areas where partition workstations are
located . In administering the ordinance , Staff has found that complaints
often result when an employee is allowed to smoke at their open work area .
Often the end result is that the employer designates the entire area as
non-smoking in order to resolve this situation. As noted in the ordinance ,
disputes regarding an employer ' s smoking policy must give precedence to the
health concerns of the non-smoker ( 1005B4) .
The City Council has committed funding towards physical training equipment ,
which will be one component of an employee wellness program. The adoption
of a non-smoking policy will further the City ' s efforts to maintain a
healthy workforce and promote the public health and welfare . This type of
workplace requirement is also becoming more common place . The action by the
City Council will not prohibit employees from smoking provided that it is
not done within an enclosed City facility . The policy was distributed in
"Draft" form among employees and regular users of the Recreaton Facilities .
The only comments received by the time this report was prepared were
supportive of the proposed policy .
Staff has prepared a resolution which will implement this policy at all City
facilites . It is recommended that the City Council adopt the resolution .
COPIES TO :
ITEM NO. 641
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,- ORDINANCE NO. 13-86
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AN ORDINANCE OF THE CITY OF DUBLIN
• • .- RELATED • TO SMOKING -POLLUTION-CONTROL--"
SEC. 1000 Title _
• SEC. 1001 Findings and Purpose
SEC. 1002 • Definitions
SEC. 1003 Application of Article to City Owned Facilities
SEC. 1004 Prohibition of Smoking in Public Places
SEC. 1005 Regulation of Smoking in Places of Employment
SEC. 1006 Where Smoking Not Regulated
SEC. 1007 Posting of Signs
SEC. 1008 Enforcement
SEC. 1009 Violations and Penalties
SEC. 1010 Nonretaliation . .
SEC. 1011 Public Education .
SEC. 1012 Governmental Agency Cooperation
SEC. 1013 Other Applicable Laws
SEC. 1014 Severability
SEC. 1015 Effective Date
Sec. 1000 Title
This article shall be known as the Smoking Pollution Control
Ordinance.
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Sec. 1001 Findings and Purpose
The City Council of the City of Dublin hereby finds that:
• Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution; and
Reliable studies have shown that breathing second—hand smoke is a •
significant health hazard for certain population groups , including
elderly people, individuals with cardiovascular disease, and
individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease; and
Health hazards induced by breathing second—hand smoke include lung
cancer , respiratory infection , decreased exercise tolerance,
decreased respiratory function , bronchoconstriction, and
bronchospasm; and
Nonsmokers with allergies , respiratory diseases and those who
suffer other ill effects of breathing second—hand smoke may
experience a loss of job productivity or may be forced to take
periodic sick leave because of adverse reactions to same; and
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Numerous studies Alt shown that a majority of bothSnsmokers and
smokers desire to have restrictions on smoking in public places and
places of employment.
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Smoking is a documented cause of fires , and cigarette and cigar
burns and ash stains on merchandise and fixtures cause economic
losses to businesses.
Accordingly, the City Council finds and declares that the purposes
of this ordinance are 1) to protect the public health and welfare
by prohibiting smoking in public places except in designated
smoking areas , and by regulating smoking in places of employment;
and 2) to strike a reasonable balance between the needs of smokers
and the need of nonsmokers to breathe smoke-free air, and to
recognize that , where these needs conflict, the need to breath
smoke-free air shall have priority.
Sec. 1002 Definitions
The following wards and phrases , whenever used in this article ,
shall be construed as defined in this section:
1. "Bar" means an area which is devoted to the serving of
• alcoholic beverages and in which the service of food is
only incidental to the consumption of such beverages.
2. "Business" means any sole proprietorship , partnership ,
joint venture , corporation or other business entity formed
for profit-making purposes , including retail establish-
ments where goods or services are sold as well as pro-
fessional corporations and other entities where legal ,
medical , dental , engineering , architectural , or other
professional services are delivered.
. 3. "Dining Area" means any enclosed area containing a counter
or tables upon which meals are served,
4. "Employee" means any person who is employed by-any employer
in consideration for direct or indirect monetary wages or
profit, and any person who volunteers his or her services
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for a non-profit entity.
5. "Employer" means any person , partnership, corporation, or
non-profit entity, including a municipal corporation, who
employs the services of one or more persons.
b: "Enclosed" means closed in by roof and four walls with
appropriate openings for ingress and egress.
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7. "Non—Profit Entity". means -any corporation, -unincorporated
association., or other entity created for. charitable, edu
cational , political , social , -or .other- similar- purposes, thee
. 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 is .not a "non—profit entity"' within the meaning of ' .
this section.
. 8. "Place of Employment" means any enclosed area under the .
control of a public or private employer, which -employees .
- normally frequent during the 'course of.. e�mployment, .r.
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' including but not limited to, work areas, employee lounges, - .
and restrooms, conference and class rooms, cafeterias and .•
- hallways. Except: - -
. . a. A private residence is not a place of employment, . .
unless it is used as a child care.-or a health care
facility.
b. The dining area of a restaurant is not a "place of -
. ' employment".. . - - - • - - - -
9. "Public Place" means any enclosed area to 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, restadrants , retail food production and marketing . - `
- •establishments , -retail service establishments; retail - -
. - stores,- theaters , and waiting roams. ` -
. 10. "Restaurant" means any coffee shop, cafeteria, tavern, -
sandwich - stand , soda fountain , pr-ivate 'or public .school
• - cafeteria, and any other eating establishment, -
organization , club , boardinghouse,- or :guesthouse, ' which
gives or offers food for sale to the - public, guests , .
. - patrons, or employees, except that the term. "restaurant" -
. shall not include a cocktail Lounge. or tavern if -said - -
cocktail lounge or -tavern is a "bar" as defined in section . •1002 (1) . . , _ .
11. "Retail Tobacco Store" means a retail store utilized - .
primarily for the sale of tobacco products .and accessories. .
12. "Service Line" means any .indoor line at- which one- or more
persons are waiting for or__.receiving service of any kind , .
' whether or not such service includes the exchange of money.
. - 13. "Smoking" means inhaling , exhaling , burning, or carrying -
. - . any lighted. pipe, cigar, or cigarette of any kind, :or- any
other combustible substance: - -
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14. "Sports Arena" means sports pavilions, gymnasiums, health
spas, boxing arenas , swimming paols, roller an'd 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.
Sec. 1003 Application of Smoking in City Owned Facilities.
All enclosed facilities owned by the City of nih1in shall be
subject to the provisions of this article.
Sec. 1004 Prohibition of Smoking in Public Places
A. Smoking shall be prohibited in all enclosed public places
within the City of [l,hl_in , including , but not limited
to, the following places:
1 . . Elevators and restrooms.
2. Buses , taxicabs and other means of public transit under
the authority of the City ofl„hlin , and in ticket,
boarding , and waiting areas of public transit depots;
provided , however , -that this prohibition does not prevent
(a) the establishment of separate waiting areas for
smokers and nonsmokers , of equal size or (b) the
establishment of a maximum of 50�. of a given waiting area
as smoking area.
;; Service lines •
4. Retail Stores , except areas in said stores not open to the
public and all areas within retail tobacco stores.
5. Retail food marketing establishments , including grocery ,
' stores and supermarkets , except those areas of such
establishments set aside for the purpose of serving of
food and drink , restrooms and offices, and areas thereof
not open to the public , which may be otherwise regulated
by this article.
6. All areas available to and customarily used by the general
public in all businesses and non-profit entities
patronized by the public , including , but not limited to ,
business offices , banks , hotels and motels.
• 7. Restaurants , provided , however , that this prohibition does
not prevent (a) the designation of a contiguous area
within a restaurant that contains a maximum of 507. of the
seating capacity of the restaurant as a smoking area, or
(b) providing separate rooms designates as smoking rooms ,
so long as said rooms do not contain more than 507. of the
seating capacity of the restaurant.
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8. Public areas of aquariums, libraries, and museums when
open to the public; provided , however, that this pro- .
hibition does not prevent the designation of a contiguous
area containing a maximum of fifty percent (507.) of a
lobby as a smoking area.
9. Any building not open to the sky which is used primarily
for exhibiting any motion picture , stage drama, lecture,
musical recital or other similar performance, except when
smoking is part of any such production, provided however, '
that this prohibition .does not prevent the designation of •
a contiguous area containing a maximum of fifty percent
(50%) of a lobby as a smoking area.
10. Sports arenas and convention halls, except in designated
smoking areas.
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11. Every roam, chamber, and place of meeting or public
• assembly, including school buildings under the control of
any board , council , commission, committee, or agencies of
. the City or any political subdivision of the State during .
such time as a public meeting is in progress , to the
extent such place is .subject to the jurisdiction of the
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City.
12. Waiting rooms , hallways , wards, and semi-private rooms of
. health facilities , including , but not limited to,
hospitals , clinics, physical therapy facilities , doctors '
offices and dentists ' offices. In bed space areas of
• health facilities used for two or more patients, smoking
shall be prohibited unless all patients within the room
are smokers and request in writing upon the health care •
facility ' s admission forms to be placed in a room where
smoking is permitted.
13. Polling Places.
8. Notwithstanding any other provision of. this section , any owner ,
operator , manager or .other person who controls any establish- .
ment described in this section may declare that entire
establishment as a nonsmoking establishment.
Sec. 1005 Regulation of Smoking in Places of Employment
A. Lt shall be the responsibility of employers to provide
smoke-free areas for nonsmoking employees within existing
facilities to the maximum extent possible, but employers are
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• not required to incur any expense to make structural or other
physical modifications in providing these areas.
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B. Within 60 days of the effective date .of this article, each
• employer and each place of employment located within the City
shall adopt, implement , make known and maintain a written
. smoking policy, which shall contain at a minimum the following
requirements:
1. Any employee in a place of employment shall have the right
to designate his or her work area as a non-smoking area and
to post the same with an appropriate sign or signs, to be
provided by the employer. . .
2. Prohibition of smoking in auditoriums, classrooms,
conference and meeting rooms , elevators , hallways, medical
facilities , and restrooms .
3. Provision and maintenance of separate and contiguous
nonsmoking areas of not less than fifty percent of the
seating capacity and floor space in cafeterias, lunchrooms
and employee lounges or provision and maintenance of
separate and equal sized cafeterias, . lunchrooms and
employee lounges for smokers and nonsmokers.
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4. In any dispute arising under this smoking policy, the
health concerns of the non-smoker shall be given
precedence.
C. The smoking polidy shall be communicated to all employees
within three weeks of its adoption.
D. All employers shall supply a written copy of the smoking policy
to any prospective employee.
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E. Notwithstanding any other provisions of this section , every
employer shall have the right to designate any place of
employment , or any portion thereof , as a nonsmoking area.
Sec. 1006. . Where Smoking Not Regulated
A. Notwithstanding any other provisions of this Ordinance to the
contrary, the following areas shall not be subject to the
smoking restrictions of this article: •
1. Bars.
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2. Private residences , except when used as a child care or a
health care facility.
3. Hotel and motel rooms rented to guests.
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4. ..Restaurant, hotel and motel conference .or meeting rooms, . -
and public -and private assembly rooms while these -places .
are being used for private functions;- .
. 5, . A private enclosed place occupied exclusively by .smokers, -. '
even :though such a place may be visited by non-smokers.' - - .
B. Notwithstanding any other provision of this section, any owner,
• . operator, manager , or other person who controls any '
establishment described in this section ;may declare that entire
establishment' as a nonsmoking es.tabl,ishment.' • -
Sec. 1007 Posting of Signs . -
A. "Smoking" or "No Smoking" signs', whichever are appropriate, , .
with letters of not less than .1" in height or the international .
"No Smoking" symbol (consisting of :a pictorial representation
of- a burning cigarette enclosed in a red circle with a red bar .
across it) shall be clearly, sufficiently and conspicuously
. posted in every building or other place where smoking is .
controlled by this article, by the owner,. _operator, manager or ,
other person having control of such building or other place. -
B. Every theater owner , manager or operator shall conspicuously
• post signs in the lobby stating that smoking is prohibited -
within the. theater or auditorium, and in the case of motion
picture theaters, such information shall be shown upon the
screen for at least five seconds prior to the showing of each
feature motion picture.
. C. Every restaurant shall have posted at every entrance 'a sign ,
clearly stating that a nonsmoking section is available and the ,
. size of that section. Every patron shall be asked as- to his or •
.her preference by the, h-ost or hostess .(if one is on duty) . - A -
person taking reservations for a restaurant -shall likewise ask
. if there is a nonsmoking or smoking preference. .
Set. 1008 Enforcement
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 article shall have the right to inform
• persons violating this article of the appropriate provisions . •
thereof.
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D. Notwithstanding any other provisions of this article, a private'
citizen may bring legal action to enforce this article.
Sec. 1009 Violations and Penalties
A. It shall be unlawful for any person who owns, manages, operates
or otherwise controls the use of any premises subject to the
regulation under this article to fail to comply with its
. provisions. The owner , manager or operator of a restaurant
shall not be deemed in violation of Sec. 1007 (c) if the host
or hostess of the restaurant fails to ask the seating
preference of patrons , but shall be deemed in violation thereof
if the restaurant has no stated policy requiring that patrons
be asked their preference.
B. It shall be unlawful for any person to smoke in any area
restricted by the provisions of thi $ article.
C. Any person who violates any provision of this article shall be
guilty of an infraction , punishable by:
1. A fine, not exceeding $100, for first violation;
2. A fine , not exceeding $200 , for a second violation of this
article within 1 year;
3. A fine , not exceeding $500 , for each additional violation
of this article within 1 year.
Sec. 1010 Nanretaliation
No person or employer shall discharge , refuse to hire , or in any
manner, retaliate against any employee or applicant for • employnant
because such employee or applicant exercises any rights afforded by.
this article.
Sec. 1011 Public Education
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The City Manager shall engage in a continuing program to explain
and clarify the purposes of this article to citizens affected by
it , and to guide owners , operators and managers in their compliance
with it.
The City Manager shall leave the responsibility of conducting a
• public education campaign regarding the health consequences of
smoking to other governmental and health agencies equipped with 'ths
needed expertise to conduct such campaigns.
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Sec. 1012 Governmental Agency Cooperation '
The City Manager shall annually request other governmental and - . .
educational- agencies having facilities within the City to establish,
local operating procedures in cooperation and compliance with this
article. The City Manager shall urge= Federal , State, County and .
special school district agencies to enforce their existing smoking -
• control regulations' and to comply voluntarily with this. article.
Sec. 1013- Other Applicable Laws
This article shall not be interpreted- or -construed to permit
smoking, where it is otherwise' restricted by other- applicable laws. ,'
Sec. 1014 Severability
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If any provision "or clause of this Ordinance ar the application
thereof to any person or circumstances held to be unconstitutional
or to be otherwise invalid by any court of competent-jurisdiction, .
such invalidity shall not affect other' Ordinance' provisions or . .
clauses or applications thereof which can be implemented without
the invalid provision or clause or application, and to this end the
provisions and clauses of this Ordinance are -declared, to be.'
severable.
• Sec. 1015 Ef fective Date " . •
This article shall be effective thirty (30) days. from the. date of ,
adoption. . .. .
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Sec. 1016 Posting of Ordinance
The City Clerk of the City of Dublin shall cause this Ordinance -to
be posted in at least three (3) public places in accordance with ,
.Section 36933 of the Government Code of the State of California. . '
PASSED AND ADOPTED by the' City Council of the City of Dublin on this-. .
11th day of August 1986. .
,AYES: Councilmembers Jeffery, Moffatt and Mayor Snyder -
NOES:. Councilmembers Hegarty and Vonheeder. . .
ABSENT: None / / /,i.
Mayor
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' ATTE •
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City Clerk
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RESOLUTION NO. - 89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
n*n'T n n n X 3C: n n n n n n n n it n T Y if n T*
ESTABLISHING A POLICY PROHIBITING SMOKING
WITHIN ALL ENCLOSED CITY FACILITIES
WHEREAS , in 1986 , the City Council adopted Ordinance No .
13-86 related to Smoking Pollution Control ; and
WHEREAS , the ordinance allows any employer to designate
the entire workplace as a non-smoking area; and
WHEREAS , the ordinance defines "Smoking" as : "inhaling ,
exhaling , or carrying any lighted pipe , cigar , or cigarette of any
kind or any other combustible substance . " ; and
WHEREAS , over the years the City has operated several
facilities including Shannon Community Center , Senior Citizens
Center , the Dublin Civic Center , Dublin Swim Center building , and
the Corporation Yard building ; and
WHEREAS , it is desirous to have a single policy for all
facilities ; and
WHEREAS , it is important that the policy be easily
understood in order to minimize the amount of administrative time
required ; and
WHEREAS , a policy of "No Smoking" within enclosed
facilities is a responsible action which will promote the public
health and welfare .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby adopt a policy which prohibits smoking
within all enclosed facilities operated by the City of Dublin.
PASSED , APPROVED AND ADOPTED this 11th day of
December , 1989 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk