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HomeMy WebLinkAbout5.1 Smoking Pollutiono Control Ordinance �� oJ9v CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 27, 1986 SUBJECT ORDINANCE Related to Smoking Pollution Control EXHIBITS ATTACHED Draft Ordinance 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 some staff. time, depending on the number of inquiries and/or complaints . There could also be some mailing costs to initially notify businesses of the new ordinance. DESCRIPTION At the regular City Council meeting on May 12 , 1986 , a representative of the Smoking Action Coalition requested a public hearing on the proposed Smoking Pollution Control Ordinance . The City Attorney has reviewed the Ordinance and modified the repetitive language related to retail tobacco stores . The ordinance will restrict smoking in most public spaces . In the case of certain 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 . Staff would recommend that the City Council conduct a public hearing and consider the introduction of the proposed ordinance . •---------------------------------------------------------------------------- COPIES TO: Smoking Action Coalition ITEM NO. �. Chamber of Commerce 0 t 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 Agency Cooperation SEC. 1013 Other Applicable laws SEC. 1014 Severability SEC. 1015 Effective Date Sec. 1000 Title This article shall be known as the Smoking Pollution Control Ordinance. 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 , bronchoconstric*_ion , 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 -1- Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public 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 sole proprietorship, partnership , joint venture, corporation or other business entity formed for profit-making purposes, including retail establish- ments where goods or services are sold as well as pro- fessional corporations and other entities where legal , medical , dental , engineering , architectural , or other. professional services are delivered. 3. "Dining Area" means any enclosed area containing a counter or tables upon which meals are served. 4. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services 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. -2- e 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. f 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 p1h1in 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 Dublin , including , but not limited to, the following places: 1. Elevators and restrooms. Z. Buses , taxicabs and other means of public transit under the authority of the City of rn,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. 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 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. -4- 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. 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 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. -5- ' . ' / 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; \ . Any employee in a place of employment shall have the right to designate his or her work area as a non-smoking area and to post the same with an appropriate sign or signs, to be provided by the employer. 2. Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms` elevators / hallways, medical facilities` and restrooms . ' � 3. Provision and maintenance of separate and contiguous nonsmoking areas of not less than fifty percent of the seating capacity and floor space in cafeterias` lunchrooms and employee lounges or provision and maintenance of separate and equal sized cafeterias` lunchrooms and employee lounges for smokers and nonsmokers. 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 '.olicy 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 of this Ordinance to the 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 rented to guests. -6- r 4. Restaurant , hotel and motel conference or meeting rooms, and public and private assembly rooms while these places i are being used for private functions; f 5. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by non-smokers. B. Notwithstanding any other provision of this section, any owner, operator, manager , or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking 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 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. -7- D. Notwithstbnding 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. A. 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. Sec. 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 program to explain and clarify the purposes of this article to citizens affected by it , and to guide owners, operators and managers in 'their compliance with it. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other governmental and health agencies equipped with the needed expertise to conduct such campaigns. -8- 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—