Loading...
HomeMy WebLinkAboutItem 6.1 MuniCode Smoking Pollution~~ -' -~ ,C'~ ~~ CITY CLERK File # ^^!0^0- 9^^ AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 15, 2009 SUBJECT: PUBLIC HEARING: Amendment of Dublin Municipal Code Chapter 5.56 (Smoking Pollution Control) RepoYt Prepared by Roger Bradley, Administrative Analyst m 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) 2) 3) C/' 4) 5) FINANCIAL STATEMENT: None. Receive Staff Presentation; Open Public Hearing; Receive Public Testimony; Close Public Hearing and Deliberate; and Waive the reading and INTRODUCE the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control. 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: Page 1 of 2 ITEM NO. 6 . i F:\Council\Agenda Statements\2009-2010\as-Childcare Centers.lst.doc 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. 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 °~- ~ 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, , . - -{ ~eieted: clry 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. ~+e~m ~ t~, I w ~ t5 l oq ATTACHMENT 1 ~ ~- , i "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 3~,~ "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 C. ity of Dublin, except in the enclosed places identified in California _ - -( ~eieted: ~~ry 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 ~~-.w 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. !tv park except for a community park;, _ , - ~ ~e~eted: ~~~y 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. - { ~eieted: ~~~ City-sponsored events may have one (1) but not more than three (3) designated smoking areas of - ~eieted: ~~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 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 5~-~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 ~ °~ i I 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 ~ ~f i- "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 g ~f ~i "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 q ~- ~ ~ 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 io ~ i 1 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 ~~ ~ ,i 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.codepublishin~.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.bradlevna,ci.dublin.ca.us. Cordially, Roger Bradley Administrative Analyst City Manager's Office cc: Joni L. Pattillo, City Manager Chris Foss, Assistant City Manager ATTACHMENT 3