HomeMy WebLinkAbout4.07 MuniCode Smoking Pollution~~
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CITY CLERK
File # ^~~ 0^-~ Q^
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 6, 2009
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
(.~~'
FINANCIAL STATEMENT:
DESCRIPTION: At the City Council meeting on June 16, 2009, the City Council
directed Staff to prepare a Municipal Code amendment for the City Council's consideration that would
prohibit smoking within the total property area of private residences that are licensed to operate as
childcare centers on a 24-hour-a-day and 7-day-a-week basis.
CITY COUNCIL ACTION: On September 15, 2009, the City Council heard a presentation from
Staff (Attachment 1) and conducted a public hearing on the proposed ordinance. At that meeting, the City
Council waived the reading and introduced the ordinance (Attachment 2).
RECOMMENDATION: Staff recommends that the City Council waive the reading and adopt
the ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution
Control.
COPY TO:
Adoption of Ordinance Amending Dublin Municipal Code Chapter
5.56 (Smoking Pollution Control)
Report Prepared by Roger Bradley, Administrative Analyst
1) City Council Agenda Statement dated September 15, 2009
(with attachments)
2) Ordinance Amending Chapter 5.56 of the Dublin Municipal
Code Relating to Smoking Pollution Control
Waive the reading and adopt the ordinance Amending Chapter 5.56
of the Dublin Municipal Code relating to Smoking Pollution Control
None.
Page 1 of 1
ITEM NO. ~
F:\Council\Agenda Statements\2009-2010\as-Childcare Centers.2nd.doc
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CITY CLERK
File # ^Q(o^0- 9^0
i ~,~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 15, 2009
SUBJECT: PUBLIC HEARING: Amendment of Dublin Municipal Code
Chapter 5.56 (Smoking Pollution Control)
Report Prepared by Roger Bradley, Administrative Analyst
ATTACHMENTS: 1) Ordinance Amending Chapter 5.56 of the Dublin Municipal
Code Relating to Smoking Pollution Control with
Strikethrough Notations.
2) Ordinance Amending Chapter 5.56 of the Dublin Municipal
Code Relating to Smoking Pollution Control without
Strikethrough Notations.
3) Courtesy meeting notice to Licensed Day Care Operators
RECOMMENDATION: 1) Receive Staff Presentation;
2) Open Public Hearing;
C~ 3)
4) Receive Public Testimony;
Close Public Hearing and Deliberate; and
5) Waive the reading and INTRODUCE the Ordinance
Amending Chapter 5.56 of the Dublin Municipal Code
relating to Smoking Pollution Control.
FINANCIAL STATEMENT: None.
DESCRIPTION: At the City Council meeting on June 16, 2009, the City Council
directed Staff to prepare a Municipal Code amendment for the City Council's consideration that would
prohibit smoking within the total property area of private residences that are licensed to operate as
childcare centers on a 24-hour-a-day and 7-day-a-week basis. Two copies of the proposed ordinance are
attached. Attachment 1 shows the changes proposed to Chapter 5.56 with additions underlined and
deletions denoted in the margins, and Attachment 2 is a clean version provided for adoption.
Current City and State Law
Previously, the City Council adopted an ordinance prohibiting smoking within private homes that operate
as licensed care centers on a 24/7 basis. This was in response to State law, which allows smoking within
daycare homes after their hours of operation as a care center. In addition, the Dublin Municipal Code
prohibits smoking within a reasonable distance of 20 feet from any entrances, exits, operable windows,
COPY TO: ------------------------------------------------------------- ~._L;'P~~ ~-LJ ~I I ~ ~ b ~~
Page 1 of 2
ATTACHMENT 1
vents or other openings of private residences that are licensed to operate as childcare centers. Under State
law, smoking is prohibited on the premises of commercial daycare centers. a
s
Amendment Proposal
The proposed ordinance amendment adds the definition of a "single-family residence" to Chapter 5.56 of
the Municipal Code, and it prohibits smoking within the unenclosed areas of this property type when
childcare services are provided by the occupants. This amendment makes the total outdoor parcel area
nonsmoking to accompany the current ban on smoking within the home on a 24 hour a day and 7 day a
week basis. Specifically, Section 5.56.050(C)(7) is proposed to be added, indicating the City's intent of
prohibiting smoking at private residences licensed to operate as childcare centers, not only within the
home but also within the total property area.
It is important to note that multifamily residences would not be included under the proposed amendment.
Staff recommends excluding multifamily dwellings from this ordinance as it may create issues between
neighbors about who gets to smoke and who gets to have a daycare. Although Staff recommends leaving
multifamily dwellings out of this amendment, they are addressed by other sections of the ordinance. For
example, smoking is prohibited within the common areas of apartment complexes as well as prohibited
within the hallways of condominium developments. Additionally, homeowner association (HOA) rules
may address smoking in common areas of multi-unit residences.
Enforcement of Proposed Ordinance
Dublin Police Services is responsible for enforcing the provisions of the Smoking Pollution Control
Ordinance. Typically, enforcement occurs when the City receives notice that a specific violation or repeat
violation has occurred. Fines may be given when necessary, particularly for repeat offenses. A fine not
exceeding $100 maybe issued for any single violation within a given year, followed by a fine of $200 for
a second violation, and a fine of $500 for all subsequent violations within aone-year period.
Outreach & Notification
There are currently 51 private residences that are licensed care centers within the City of Dublin. All 51
childcare centers have received an individual notice (see Attachment 3), as a courtesy, about the proposed
ordinance and an invitation to attend an informational meeting on Wednesday, September 2, 2009. There
were no interested parties in attendance at the informational meeting. In addition, a courtesy
announcement appeared in the Valley Times on Saturday, September 5, 2009 to inform the community of
the City Council's consideration of the proposed Ordinance.
RECOMMENDATION: Staff recommends that the City Council: 1) Receive Staff
presentation; 2) Open public hearing; 3) Receive public testimony; 4) Close public hearing and deliberate;
and 5) Waive the reading and INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin
Municipal Code relating to Smoking Pollution Control.
Page 2 of 2
J~18
ORDINANCE NO.
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 nonsmokers; and `
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 (21) 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 Citv of Dublin plans,_administers, _ _ _ _ _ _ , . - -{ ~eietea: ~~ry
coordinates, and finances, and which is held upon property owned by-the city of Dublin.
"Community park" means Dougherty Hills Dog 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.
~~~a
"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.
"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 is 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.
"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 familx.
"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 paraphernalia 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 Safety 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 C. ity of Dublin,_except in the enclosed places identified in California , ~ - - ~e~eted: ~~ey
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
b ~ ig
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 restaurant, business, nonprofit entity, place of employment,
or located in any public place;
2. Any C~ park except for a community park; , - Deleted: city ~
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;
5. Any.~City-sponsored event, except in any area designated by the C'_ity as a_smoking area._ _ _ __ , - Ue~eted: ~~Ty
City-sponsored events may have one (1) but not more than three (3) designated smoking areas of ' ~ Deleted: ~~ri
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 from 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 anyparce) 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 California Labor Code Section 6404.5(d) or its successor, "place of employment"
4
i ~ -g
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, 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.
PASSED, APPROVED AND ADOPTED this day of , 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
1289465.1
C.;~+ j ~S
ORDINANCE NO.
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 nonsmokers; and
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 (21) 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 owned by the city of Dublin.
"Community park" means Dougherty Hills Dog 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.
"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 is 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.
2
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"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.
"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 paraphernalia 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 Safety 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 in 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
3
1I ~~~~
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 restaurant, 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;
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 from 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 maybe 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 California Labor Code Section 6404.5(d) or its successor, "place of employment"
4
i~~~$
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, 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.
PASSED, APPROVED AND ADOPTED this day of , 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
1289465.1
a3~~ lg
August 13, 2009
Dublin Childcare Provider:
Re: Smoking Pollution Control Ordinance Informational Meeting
On September 15, 2009, the Dublin City Council will consider an ordinance amending Municipal Code Section
5.56, which is entitled Smoking Pollution Control. Specifically, the proposed ordinance would prohibit smoking
on a 24 hour a day and 7 days a week basis within the total property area of private homes that are licensed to
operate as childcare facilities within the City.
Currently, the Dublin Municipal Code prohibits smoking within private homes licensed to operate as childcare
centers on a 24/7 basis, and the proposed ordinance amending the section would expand this prohibition to
include the outside areas of the property. A copy of the municipal code is available for viewing at
http: / /www.codepublishing.com/ca /dublin.html.
In order to provide greater awareness to those this ordinance would affect, City of Dublin Staff will be holding
an informational meeting on Wednesday, September 2, 2009 at 7:00 p.m. in the Regional Meeting Room at the
Dublin Civic Center - 100 Civic Plaza. Attendance at this meeting is highly encouraged. At the meeting, you will
receive an overview of the proposed ordinance and will be afforded the opportunity to ask any questions you
may have.
If you have any questions or concerns about the meeting or the ordinance, please contact me at your
convenience at 925-833-6650 or by email at roger.bradle~(a~ci.dublin.ca.us.
Cordially,
Roger Bradley
Administrative Analyst
City Manager's Office
cc: Joni L. Pattillo, City Manager
Chris Pons, Assistant City iVfanager
ATTACHMENT 3
Iy~18
ORDINANCE NO.
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 nonsmokers; and
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 (21) 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 owned by the city of Dublin.
"Community park" means Dougherty Hills Dog 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.
ATTACHMENT 2
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"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.
"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 is 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.
2
ATTACHMENT 2
~~~,a
"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.
"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 paraphernalia 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 Safety 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 in 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
ATTACHMENT 2
i~~~z
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 restaurant, 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;
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 from 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 California Labor Code Section 6404.5(d) or its successor, "place of employment"
4
ATTACHMENT 2
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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, 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.
PASSED, APPROVED AND ADOPTED this day of , 2009.
AYES:
NOES:
ABSENT:
ABSTAIN:
Tim Sbranti, Mayor
ATTEST:
Caroline Soto, City Clerk
1289465.1
ATTACHMENT 2