HomeMy WebLinkAboutItem 6.2 Smoking Pollution Control Ordinance (2) S 0- v
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 14, 1986
SUBJECT ORDINANCE Related to Smoking Pollution Control'
EXHIBITS ATTACHED Draft Ordinance
Letter from Smoking Action Coalition dated June 2 ,
1986
Letter from Mr. Stephen Vasquez dated June 2, 1986
Chamber of Commerce Smoking Ordinance Smoking Survey
Results
RECOMMENDATION 1 ) Open Public Hearing
2 ) Receive Staff Report
3 ) Obtain Public Testimony
4 ) Close Public Hearing
5 ) Deliberate and Consider introduction of the
ordinance
FINANCIAL STATEMENT: The ordinance contains enforcement provisions which
will require staff time. The amount of time will
vary, depending on the number of inquiries and/or
complaints . Also, mailing costs will be incurred for
the initial notification to businesses .
DESCRIPTION At the regular City Council meeting on May 27 , 1986 ,
the City Council continued the public hearing on the proposed Smoking
Pollution Control Ordinance to the meeting of July 14 , 1986 . The
continuance was granted to provide the Chamber of Commerce with time to
obtain feedback from its members . The following discussion outlines
provisions of the ordinance .
In the case of ce.Ytain retail establishments, the ordinance allows the
establishment of smoking areas provided that the area is not greater than 50
percent. Also, employers are required to provide smoke-free areas for non-
smoking 'employees to the maximum extent possible . The ordinance does not
require an employer to make structural or other physical modifications to
provide these areas . Employers will be given 60 days after the ordinance is
in effect to develop a written smoking policy. The policy must allow the
employee to designate their work area as a non-smoking area and the employer
should also designate at least 50 percent -of the floor area of employee
lounges, lunchrooms , or cafeterias as non-smoking areas .
The proposed ordinance would not regulate smoking in Bars, private
residences (with some exceptions ) hotel and motel rooms , and hotel
conference rooms used for private functions . The ordinance specifies the
type of signing required to designate "Smoking" and "No Smoking" areas .
Movie theater operators are also required to inform patrons of the smoking
prohibition, by displaying the information for at least five seconds on the
screen. Restaurants must inform patrons of the availability of a non-
smoking section .
The enforcement provisions of the ordinance require the City Manager to
implement the ordinance . Staff has surveyed other communities , which have
adopted the model ordinance . The experience of most entities has been that
the volume of complaints is very low. Initial notification of the ordinance
requirements has been the largest part of the workload. Most complaints
have only required written contact with the violator to obtain compliance .
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COPIES TO: Smoking Action Coalition
6 Chamber of Commerce
ITEM N0. �
AG".-JL'A STATEMENT: Ordinance Related to smoking Pollution Control
Page 2
At the previous public hearing, there was some question as to the treatment
of bowling alleys . Section 1002-Definitions provides a definition of
"Sports Arena" . The definition specifically includes a bowling' alley.
Section 1004 designates the prohibition of smoking in public places
throughout the City . Among the list of prohibited places, subsection 10
states, "Sports arenas and convention halls, except in designated smoking
areas . " The ordinance does not specify the percentage of the bowling alley
which could be designated as a smoking/non-smoking area. Therefore, the
size of these areas would be established by each operator.
The Chamber of Commerce Board of Directors met on Wednesday, July 9, 1986,
and reviewed the results of a survey conducted by the Government, Education,
Community Development Committee . The majority of those members responding
to the survey opposed a mandatory smoking ordinance . The Board of Directors
took action on a unanimous vote to oppose the smoking ordinance .
Staff recommends that the City Council conduct a public hearing, receive
public input, deliberate and consider introduction of the ordinance .
ORDINANCE NO.
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 A en on
SEC. 1013 Other Appl ' ws
SEC. 1014 Severabili
SEC. 1015 Effective D e ? W
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, 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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1 A
Numerous studies have shown that a majority of both nonsmokers and
smokers desire to have restrictions on smoking in public places and z
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. 1042 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 employer
in consideration for direct or indirect monetary wages or
profit, and any person who volunteers his or her services
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,
6. "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, 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 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 employment,
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, restaurants, retail food production and marketing
establishments, retail service establishments; retail
stores,� theaters, and waiting rooms.
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 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.
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 enclosed facilities owned by the City of Th,hl;n 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 Q_Ubj_n , 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 of D,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,
1. Restaurants, provided , however , that this prohibition does
not prevent (a) the designation of a contiguous area
within a restaurant that contains a maximum of 50% of the
seating capacity of the restaurant as a smoking area, or
(b) providing separate rooms designated as smoking rooms ,
so long as said rooms do not contain more than 50% of the
seating capacity of the restaurant.
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B. 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 (50%) 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.
11). 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 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,
B. 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, It 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
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-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 rooms, elevators , hallways, medical
facilities, and restrooms
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.
4. In any dispute arising under this smoking policy, the
health concerns of the non-smoker shall be given
precedence.
C. The smoking policy 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.
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 o this Ordinance
to thz
contrary, the following areas shall not be subject to the
smoking restrictions of this article:
1 . Bars.
2. Private residences , except when used as a child care or a
health care facility.
3. Hotel and motel rooms rent-ad to guests.
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4. Restaurant, hotel and motel conference or meeting rooms, .
and public and private assembly roams 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.
S. 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 i " 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.
S. 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 host 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,
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 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,
S. It shall be unlawful for -any person to smoke in any area
restricted by the provisions of this 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,
Sac. 1010 Nonretaliation
No person or employer shall discharge, refuse to hire, or in any
manner, retaliate against any employee or applicant for employment
because such employee or applicant exercises any rights afforded by
this article.
Sec. 1011 Public Education
The City Manager shall engage in a continuing prcgram 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 th:l
needed expertise to conduct such campaigns.
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' r
r
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
If any provision or clause of this Ordinance or 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 Effective Date
This article shall be effective thirty (30) days from the date of
adoption.
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
day of 1986.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
—9—
SM&\ING ACTION COALITIvN
sponsored by
ALAMEDA COUNTY HEALTH AGENCIES
AMERICAN CANCER SOCIETY AMERICAN LUNG ASSOCIATION AMERICAN HEART ASSOCIATION
3100 Summit, 5th Floor, Suite B
Oakland, CA 94609
(415) 832-7012
June 2, 1986
Peter W. Snyder
Mayor , Dublin City Council
P. 0. Box 2340
Dublin, CA. 94568
Dear Mayor Snyder:
On behalf of 'the Alameda County Smoking Action Coalition, I would like
to thank you for providing us an opportunity to testify in support of
the proposed Smoking Control Ordinance. In view of the Council 's
decision to delay introduction of the ordinance until July 14,
awaiting a report from the Chamber of Commerce, we anticipate
presenting additional supportive testimony at that time.
Members of our Coalition have been involved with other Coalitions in
other counties and would be pleased to share our experience with you.
We would be happy to assist you or answer any questions or concerns
prior to the July 14 public hearing. Please do not hestite to contact
us if you require any additional clarification of our model ordinance.
Sincerely,
Susan Magazine
Coalition Coordinator
SM/me
9jAMERICAN
CANCER AMERICAN LUNG ASSOCIATION American Heart
SOCIETY of Alameda County " Association
• ' /�' ` L 6,�"
1
June 2 , 1986
The Honorable Peter Snyder
Mayor
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Dear Mayor Snyder:
As a resident of Dublin, I would like to voice my opposition
to the proposed smoking ordinance in our city.
My main concern with this proposed law is the fact that it
places some severe restraints upon my personal freedoms.
It has been my experience that voluntary measures in regards
to smoking work much better than those imposed by law.
Besides this basic issue, other questions which need to be
considered include:
-enforcement costs and logistics
-impact upon the business community
Thank you for your consideration. Please let me know by
return letter your opinion on this matter.
Yours truly,
S ep asq ez
7669 Martin Canyo Road
Dublin, CA 94568
F
FROM: DUBLIN CHAMBER OF COMMERCE liu
TO: CITY OF DUBLIN, CITY MANAGER PAUL RANKIN
RESULTS FROM THE "SMOKING ORDINANCE SURVEY"
A BREAKDOWN OF EACH BUSINESS TYPE RESPONDING:
PROFFESSIONAL OFFICES
RESTAURANTS
FINANCIAL INSTITUTIONS
BUSINESS OFFICES
ENTERTAINMENT
MANUFACTURING
RETAIL
OTHER (FLORISTS, PRINT SHOPS, HUMAN SERVICES ETC
TOTAL RESPONDING PER BUSINESS TYPE AND SURVEY FIGURES PER YES,VOLUNTARY NO,ORDINANCE
PROFFESSIONAL OFFICES 10 5 5
RESTAURANTS 9 7 2
FINANCIAL INSTITUTIONS 8 6 2
BUSINESS OFFICES 16(DUBLIN) 15 6
ENTERTAINMENT 3 3 0
MANUFACTURING 1(DUBLIN) 1 1
RETAIL 25 16 9
OTHER 20 - 15 7
QUESTION #1 , DO YOU FEEL A VOLUNTARY PROGRAM IS MORE DESIRABLE THAN AN ORDINANCE?
YES- 68 NO- 31
QUESTION #2, DO YOU PRESENTLY HAVE tORIN PROCESS) A SMOKING POLICY?
YES- 65 NO- 39
QUESTION #3, WOULD YOU BE WILLING TO PARTICIPATE IN A VOLUNTARY SMOKING POLICY PROGRAM?
YES- 63 NO- 27
THE CHAMBER RECEIVED 114 RESPONSES BACK FROM THE CHAMBER MEMBERS, TOTAL MEMBERS 368.
THE BOARD OF DIRECTORS FOUND BASED OFF THIS SURVEY 2/3RDS OF THE RESPONDING MEMBERS
DO NOT WANT A SMOKING ORDINANCE. SOME COLLECTIVE STATEMENTS FROM THE RESPONDING
MEMBERS FELT THAT RESTAURANTS, STORES BUSINESS OFFICES ETC. ARE PRIVATELY OWNED
EVEN THOUGU THE GENERAL PUBLIC ARE PRESENT. THEY BELIEVE IT IS UP TO.:THE MANAGEMENT
OF SUCH ESTABLISHMENTS TO DESIGNATE THEIR OWN AREAS FOR SMOKING AND NON SMOKING.
THEY ALSO DID NOT FEEL THE CITY SHOULD PROCLAIM AN ORDINANCE OF PUBLIC NO SMOKING.
A MOTION WAS PASSED, BY UNANIMOUS VOTE BY THE ENTIRE BOARD OF DIRCTORS, THAT WE
STAND BEFORE THE COUNCIL ON BEHALF OF OUR BUSINESSES, AND OPPOSE A SMOKING ORDINANCE.
JO ANNE BERGERON CASTRO
CHAIRMAN, GOVERNMENT, EDUCATION, COMMUNITY DEVELOPMENT COMMITTEE