HomeMy WebLinkAbout6.1 Smoking Pollution Control Ordinance CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 11, 1986
SUBJECT Smoking Pollution Control Ordinance
EXHIBITS ATTACHED Proposed Ordinance
RECOMMENDATION 1) Open Public Hearing
2) Obtain any additional testimony
q��3 ) Close Public Hearing
4 ) Deliberate, waive the reading and adopt the
Ordinance
FINANCIAL STATEMENT: Cost of advising businesses of requirements and
enforcement costs by City Staff will be incurred.
DESCRIPTION The City Council conducted three public hearings on
the proposed ordinance.
The ordinance was introduced at the regular City Council meeting on July 28,
1986 . If a majority of the City Councilmembers vote to approve the
ordinance it will be effective in thirty days .
Staff recommends that the City Council conduct a public hearing, waive the
reading and adopt the ordinance.
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COPIES TO:
ITEM NO.
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ORDINANCE -NO.' r
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. 1005 Violations and Penalties
SEC. 1010 Nonretaliation
SEC. 1011 Public Education
SEC. 1012 Governmental Agen on
SEC. 1013 Other Appl ' aws
SEC. 1014 Severabili
SEC. 1015 Effective D e
r"�yrJ
Sec. 1000 Title
This article shall be known as the Smoking Pollution Control
Ordinance.
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, branchoconstriction, and
bronchospasm; and
Nonsmokers with allergies , respiratory diseases and those who
suffer ether 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 have shown that a majority of both nonsmokers and -
smokers desire to have restrictions an smoking in puhlic. places and
_ places of employment. ;
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 words 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 sale 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 empleye_r
in consideration for direct or indirect monetary wages or
profit, and any person who volunteers his or her sarvic_s
for a non-profit entity.
"Emoloyer" 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.+ "Nan-Profit Entity" means any corporation, unincorporated
association,' or other entity created 'for charitable, edu-
- catianal , political , social , or other similar -purposes, the
: ..__._. . . _._. _.._..._ ._ net proceed-.s..f.r.om.-the.-o.p.er.at.ions. of which are comm,,i=tted= t a-
-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.
S. "Place of Employment" means any enclosed area under the
control of a public or private employer which employees
normally frequent during the *course of employment,
including but not limited to, work areas, employee lounges,
and restrooms, conference and class roams, 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 "pl.ace of
employment%
4. "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, restaurants, retail food roduction and marketing_
establishments , retail 'service establishments, retail
stores,- theaters, and waiting roams.
10. "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 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 acre_
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.
14. "Sports Arena" means sports pavilions, gymnasiums, health
spas, boxing arenas, swimming pools, roller and 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 encl.osed facilities owned by the City of rh,hl;n shall be
subject to the provisions of this article.
Sec. 1004 Prohibition of Saoking in Public Places
A. Smoking shall be prohibited in all enclosed pudic places
within the City of Dihlin , including , but not limiter
to, the following places:
1. Elevators and restrooms.
2. Buses , taxicabs and other means of public transit under
the authority of the City of Q„hlin , and in tic` e ,
boarding , and waiting areas of public transit depot:;
provided, however , that this prohibition does not pr event
(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 aiven waitino area
as smoking area.
3. 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 tires: G; such
establishments set aside for the purpose gf serving of
food and drink , restrooms and off ices, and arm_: thereof
not open to the public, which may be othErwis=_ requlat=_d
by this article.
b. All arias available to and customarily used by the g=n=ral
public in all businesses ano non-profit entities
patronized by the public , including , but not Iiait=a to,
business_ offices, banks, hotels and mat=_ls.
1. Restaurants , provided , however , that this prolibiticn does
not prevent (a) the resignation of a contiguoLis area
within a restaurant that contains a maxisua of 507 of the
seating capacity of the restaurant as a sjokine are_, or
(b) providing saparat= rooms designated as sacking rooms,
so long as said rooms do not contain more than 507 of tha
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. do.es. n-at ..pr_e.ve.nt -.the designation. af a contiguous-.___M ... - _
area containing a maximum of fifty percent X) of a
lobby as a smoking area.
9. Any building not open to the sky which is used primarily
for exhibiting any notion picture, stage drama, lecture,
musical recital or other similar performance, except when
smoking is part of any such production, provided however ,
that this prohibition doe=_ not prevent the designation of
a contiguous area containing a maximum of fifty percent
(cJ4 7) of a lobby as a smoking area.
10. Sports arenas and convention halls, excEpt in designated
smoking areas.
11. Every room, 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
City.
12. Waiting roams , hallways, wards , and semi-priVate maims of
health facilities, including ,- but not limited ta,
hospital=_ , clinics , physical therapy facilities , dec_ars
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 %he rcom
are smokers and request in writing upon the health care
facility's admission forms to be placed in a rcom wh=_re
smoking is permitted.
13. Polling Places.
B. Notwithstanding any other provision of this sactian , any owner,
operator , manager or other person who controis 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. It shall be the responsibility o= e.,aplayers to provide
smoke-:ree areas for nonsmoking employees within existing
facilities to the maxiiaum extent passible but employers are
not required to incur any expense to make structural or other
physical madifications -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
_. _shald -adopt, -.i.mpLement•,-•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-smaking area and
to past the same with an appropriate sign or signs, to be
provided by the employer.
2. Prohibition of smoking in auditoriums, classrooms,
conference and meeting roans, elevators, hallways, medical
facilities, and restrooms .
3. Provision and maintenance of separate and ccntiguaus
nonsmoking areas of not less than fifty percent of the
seating capacity and floor space in cafeterias, lunchrooms
and employee lounges or provision and maint=_nanc= a;
separate and equal sized cafeterias, lunchrooms and
employee lounges for smokers and nonsmokers.
4. In any dispute arising under this smoking policy, the
health concerns of the non-smoker shall be given
precedence.
C. the sipkina • policy shall be communicated to all employers
within three weeks of its adoption.
0. All employers shall supply a written copy of the sacking policy
to any prospective employee.
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. Wh_re Smoking Nat Regulated
A. Notwithstanding any other provlsians of this 0rinanc=_ to tha
contrary, the following area=_ shall not be su;,;act to the
smoking re=strictions of this article:
1 . Bars.
2. Private residences , except when U =—j as a c"Ij C_re cr a
health care facility.
3. Hotel and motel rooms rent=d to guests.
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a. Restaurant, hotel and motel conference or meeting rooms,, .
and public and private assembly--roams while these places
_ . . . .
are being .used for .pri.vate_functions;
5. ` A private enclosed place occupied exclusively by smokers,
even .though such a place may be visited by non-smokers.
8. 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 establishment.
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
past 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 a cn the
screen for at leas five seconds prior to the showing of each
feature motion picture.
C. E,Yery restaurant shall have posted at every EnlZrance 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 host or hostess (if one is 'on duty) . A
parson taking reservations for a restaurant shall likewise ask
.ii there is a nonsmoking or smoking prefer2nc2.
Sec. 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 o; 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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provision of this article, a private_-
- _➢. ,• ,dnq any other Q _..
citizen may ning legal action to enforce this article.
_Notwithst�ni _ y
Sec. 1004 Violations and Penalties
It shall be unlawful for any person who owns, manages, operates
A. y remises subject to the .
or otherwise controls the use of an p
regulation under fail to
provisions. Th
shall. not be deemed in violation of Sec. 1007 (c) if the hoses
or hostess Of tatrgns ,�butnshalllba deemed tin violation thereof
preference gf p patrons
if the restaurant has no stated policy requiring that p'
be asked their preference. .
unlawful for any person to smoke in any area
S. 1, shall be
restricted by the previsions of this article.
C. Any person who violates any provision of this article shill be
guilty of an infraction, punishable by:
. 1. A fine, not. exceeding 3100, for first violaticn;
not exce°_ding $200, for a second violaticn of this
2. A fine ,
article within 1 y ear,,
not exceeding $500, for eaci additional vicla�iUn
3. A fine,
of this article within 1 y ear.
Sec. 1010 Nonretaliation
No person or employer shall discharge_ , refuse to hire, or in any
any employee or applicant for employment
manner ) retaliat e against
marine 2 SUCK employee or applicant Exercises any riches afforded by
this article.
Sec. 1011 Public Educatior-
The City Manager shall eneag_
in a cgntinuinq prcaram to explain
and clarify the purposes of this
article to citizens affect=d by
it , and to guide owners , operators and mana;ers in their c„apliancz
with it.
The City Manager shall leave the resransibility of canductina a
g the health consequences of
public education campaign regarding pp
health agencies e4ui ed with
smoking to ocher governmental and
needed expertise to conduct such campaigns.
_S_
Governmental Agency Cooperation
Sec, .1012 . .. . __. _- ... .- ... _._-... dvern®ental and
annually request other- g' _. .....__..._ _-_--
Manager shall facilities within the City- to establish
The City having e with this
educational aagencfocedures in cooperation and cStatz,nCounty and
local operatln9 p Manager shall urge Federal , �• soaking
article. The City a encies to enforce their existing
school district to comply voluntarily with this articls-
soecial ulations and
control reg
Sec, 1013 other Applicable laws
to permit
ot
meted or construed
be ir stricted by other applicable laws•
This article shall not re-
,,,king where it is
sec, 1014 Severability lication
clause df this -ordinance or the app
I, any provision or es held to be unconstitutional
to any person or circuastanc-
thereof court of coapztznt iurisdictien,
' her Ordinance provisions or
or to be otherwise a11Y not of iecty of
such invalidity thereof which can be imdlesented witn°ut
clauses or applications a lication, and to this end the
rovision or clause or PF ,e aced to be
the invalid p of this Ordinance are d__-
provisions and clauses
severable.
Sec. 015 i5 Efie QC tiYe __ r
article shall be eif=dive thirty (30) days fro@ the dam= °
This are
adoption.
• Sec. 1016 Posting of ordinance
Clerk of the City of Dublin shall cause this Crcina-^-c°�o
public laces in accordant= With
The City three (3) Cc ' p o -• �;fornia-
be posted in at leas o,--,meat Cece of the Stagy or
Section 36933 of the C-0over i ;n cn t:'1's
PTED by the City Council of the City of j?ub__
pPSSED AND 1986.
day of
AYES
NOES
P.ESr.`1T
mayor
ATTEST-
City Clerk
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