HomeMy WebLinkAboutItem 6.1 Prohibit Smking Daycare
CITY CLERK
File # D[3j~[Q]-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 2008
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: /lMY 1)
\ 2)
~ 3)
. 4)
5)
FINANCIAL STATEMENT: None
Ordinance Prohibiting Smoking within Licensed Care Center
Facilities by Amending Chapter 5.56 of the Dublin Municipal Code
Report Prepared by Roger Bradley, Administrative Analyst
1)
2)
3)
Proposed Ordinance
California Labor Code Section 6404.5
Notice to Individual Care Centers
Open the Public Hearing;
Receive Public Testimony;
Close Public Hearing;
Deliberate; and
Waive the reading and INTRODUCE the Ordinance
DESCRIPTION: At the City Council Meeting on December 18,2007, the City
Council directed Staff to research and present recommendations for augmenting the City's Smoking
Pollution Control policies and regulations. As part of this direction, Staff was to prepare a Municipal
Code Amendment for Council's consideration that would prohibit smoking 24 hours a day and 7 days a
week within licensed care centers, operating within the City of Dublin.
Current City and State Law
Dublin Municipal Code (DMC) Section 5.56, relating to Smoking Pollution Control, prohibits smoking in
any enclosed public place, business, restaurant, and certain places of employment (DMC S 5.56.050.A).
The places of employment that receive an exception both under the City's Municipal Code and also under
State law are listed in California Labor Code Section 6404.5(d) (Attachment 2). As part of this section,
private residences are not included as a place of employment, except for private residences licensed as
family daycare homes, during the hours of operation as family daycare homes and in those areas where
children are present.
COPY TO: Janice Louie, ALCO Tobacco Coalition
All Licensed Care Centers within Dublin
Page 1 of2
ITEM NO.
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F:\Council\Agenda Statements\2007-2008\as-Licensed Care Centers. doc
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While State and 10ca11aw do not regulate private residences within which care centers operate, beyond
daycare centers during their hours of operation, State law does allow cities to adopt ordinances that are
more stringent. Specifically, California Labor Code Section 6404.5(i) states, "any area not defined as a
'place of employment' or in which smoking is not regulated pursuant to [6404.5(d)].. . shall be subject to
local regulation of smoking of tobacco products." Thus, the proposed Ordinance is allowable under State
law.
Amendment Proposal
The proposed Ordinance expands the definition of a "Business" to include private residences that are
licensed to provide childcare, adult-care, or other healthcare related services. This then makes the
workplace prohibition established within the Municipal Code (DMC S 5.56.050.A) apply to these
business types on a 24 hour a day and 7 day a week basis. In addition, Section 5.56.050.E is proposed to
be amended, clarifying the City's intent of creating an exception to the Labor Code wherein daycare
centers at private residences would have smoking prohibited regardless oftheir hours of operation.
Enforcement of Proposed Ordinance
Dublin Police Services is responsible for enforcing the provisions of the smoking 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 may be
issued for any single violation within a given year, followed by fine of $200 for a second violation, and a
fine of $500 for all subsequent violations within the same year.
Outreach & Notification
There are currently 48 licensed care centers within the City of Dublin, the preponderance of which are run
as regular commercial businesses. Out of the 48, there are approximately 6 private homes that operate as a
care center. All 48 care centers have received an individual notice, as a courtesy, about the proposed
Ordinance and information about when and how to provide public testimony (Attachment 3). A copy of
the Staff Report has also been provided to each care center. In addition, a courtesy announcement
appeared in the Valley Times on Saturday, March 8, 2008 to inform the community of Council's
consideration of the proposed Ordinance.
RECOMMENDATION: Staff recommends that the City Council open the public hearing,
receive public testimony, close the public hearing, deliberate, waive the reading and INTRODUCE the
proposed ordinance.
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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, state law does not prohibit smoking outside the normal hours of operation of
licensed care 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 in such facilities by prohibiting smoking
therein.
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 Drivate residences that are licensed
to orovide childcare. adult-care. and other healthcare 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.
"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 or more persons.
"Enclosed" means closed in by roof and four walls with appropriate openings for ingress and
egress.
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ATTACHMENT IV
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"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.
"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.
"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 provided below, this distance shall be a minimum of fifteen (15) feet unless the
application of the fifteen (15) foot minimum would place the smoker in a potentially unsafe
location, in which case a "reasonable distance" shall be a location closer than fifteen feet which
does not place the smoker in a potentially unsafe location. A "reasonable distance" shall be a
minimum of twenty-five (25) feet from a playground or a tot lot sandbox area
"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 ofthe retailer or employee
of the retailer.
"Smoking" means the consumption of tobacco by inhaling, exhaling, burning or carrying any
lighted pipe, cigar or cigarette of any kind.
"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.
"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.
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"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.
"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 multi-family buildings including, but not
limited to, apartments, condominiums, retirement facilities, and nursing homes; and
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. Children's play areas;
3. 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, A TMs, bank
teller windows, telephones, ticket lines, bus stops and cab stands.
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" 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 orivate residences licensed as
familv dav care homes regardless oftheir hours of ooeration.
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 ofthe 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.
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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
,2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Carolyn Parkinson, Interim City Clerk
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CALIFORNIA LABOR CODE
SECTION 6404.5
6404.5. (a) The Legislature finds and declares that regulation of
smoking in the workplace is a matter of statewide interest and
concern. It is the intent of the Legislature in enacting this section
to prohibit the smoking of tobacco products in all (100 percent of)
enclosed places of employment in this state, as covered by this
section, thereby eliminating the need of local governments to enact
workplace smoking restrictions within their respective jurisdictions.
It is further the intent of the Legislature to create a uniform
statewide standard to restrict and prohibit the smoking of tobacco
products in enclosed places of employment, as specified in this
section, in order to reduce employee exposure to environmental
tobacco smoke to a level that will prevent anything other than
insignificantly harmful effects to exposed employees, and also to
eliminate the confusion and hardship that can result from enactment
or enforcement of disparate local workplace smoking restrictions.
Notwithstanding any other provision of this section, it is the intent
of the Legislature that any area not defined as a "place of
employment" pursuant to subdivision (d) or in which the smoking of
tobacco products is not regulated pursuant to subdivision (e) shall
be subject to local regulation of smoking of tobacco products.
(b) No employer shall knowingly or intentionally permit, and no
person shall engage in, the smoking of tobacco products in an
enclosed space at a place of employment. "Enclosed space" includes
lobbies, lounges, waiting areas, elevators, stairwells, and restrooms
that are a structural part of the building and not specifically
defined in subdivision (d).
(c) For purposes of this section, an employer who permits any
nonemployee access to his or her place of employment on a regular
basis has not acted knowingly or intentionally in violation of this
section if he or she has taken the following reasonable steps to
prevent smoking by a nonemployee:
(1) Posted clear and prominent signs, as follows:
(A) Where smoking is prohibited throughout the building or
structure, a sign stating "No smoking" shall be posted at each
entrance to the building or structure.
(B) Where smoking is permitted in designated areas of the building
or structure, a sign stating "Smoking is prohibited except in
designated areas" shall be posted at each entrance to the building or
structure.
(2) Has requested, when appropriate, that a nonemployee who is
smoking refrain from smoking in the enclosed workplace.
For purposes of this subdivision, "reasonable steps" does not
include (A) the physical ejection of a nonemployee from the place of
employment or (B) any requirement for making a request to a
nonemployee to refrain from smoking, under circumstances involving a
risk of physical harm to the employer or any employee.
(d) For purposes of this section, "place of employment" does not
include any of the following:
(1) Sixty-five percent of the guestroom accommodations in a hotel,
motel, or similar transient lodging establishment.
(2) Areas of the lobby in a hotel, motel, or other similar
transient lodging establishment designated for smoking by the
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establishment. An establishment may permit smoking in a designated
lobby area that does not exceed 25 percent of the total floor area of
the lobby or, if the total area of the lobby is 2,000 square feet or
less, that does not exceed 50 percent of the total floor area of the
lobby. For purposes of this paragraph, "lobby" means the common
public area of an establishment in which registration and other
similar or related transactions, or both, are conducted and in which
the establishment's guests and members of the public typically
congregate.
(3) Meeting and banquet rooms in a hotel, motel, other transient
lodging establishment similar to a hotel or motel, restaurant, or
public convention center, except while food or beverage functions are
taking place, including setup, service, and cleanup activities, or
when the room is being used for exhibit purposes. At times when
smoking is not permitted in a meeting or banquet room pursuant to
this paragraph, the establishment may permit smoking in corridors and
prefunction areas adjacent to and serving the meeting or banquet
room if no employee is stationed in that corridor or area on other
than a passing basis.
(4) Retail or wholesale tobacco shops and private smokers'
lounges. For purposes of this paragraph:
(A) "Private smokers' lounge" means any enclosed area in or
attached to a retail or wholesale tobacco shop that is dedicated to
the use of tobacco products, including, but not limited to, cigars
and pipes.
(B) "Retail or wholesale tobacco shop" means any business
establishment the main purpose of which is the sale of tobacco
products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories.
(5) Cabs of motortrucks, as defined in Section 410 of the Vehicle
Code, or truck tractors, as defined in Section 655 of the Vehicle
Code, if no nonsmoking employees are present.
(6) Warehouse facilities. For purposes of this paragraph,
"warehouse facility" means a warehouse facility with more than
100,000 square feet of total floorspace, and 20 or fewer full-time
employees working at the facility, but does not include any area
within a facility that is utilized as office space.
(7) Gaming clubs, in which smoking is permitted by subdivision
(f). For purposes of this paragraph, "gaming club" means any gaming
club, as defined in Section 19802 of the Business and Professions
Code, or bingo facility, as defined in Section 326.5 of the Penal
Code, that restricts access to minors under 18 years of age.
(8) Bars and taverns, in which smoking is permitted by subdivision
(f). For purposes of this paragraph, "bar" or "tavern" means a
facility primarily devoted to the serving of alcoholic beverages for
consumption by guests on the premises, in which the serving of food
is incidental. "Bar or tavern" includes those facilities located
within a hotel, motel, or other similar transient occupancy
establishment. However, when located within a building in conjunction
with another use, including a restaurant, "bar" or "tavern" includes
only those areas used primarily for the sale and service of
alcoholic beverages. "Bar" or "tavern" does not include the dining
areas of a restaurant, regardless of whether alcoholic beverages are
served therein.
(9) Theatrical production sites, if smoking is an integral part of
the story in the theatrical production.
(10) Medical research or treatment sites, if smoking is integral
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to the research and treatment being conducted.
(11) Private residences, except for private residences licensed as
family day care homes, during the hours of operation as family day
care homes and in those areas where children are present.
(12) Patient smoking areas in long-term health care facilities, as
defined in Section 1418 of the Health and Safety Code.
(13) Breakrooms designated by employers for smoking, provided that
all of the following conditions are met:
(A) Air from the smoking room shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking room shall not be
recirculated to other parts of the building.
(B) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
(C) The smoking room shall be located in a nonwork area where no
one, as part of his or her work responsibilities, is required to
enter. For purposes of this subparagraph, "work responsibilities"
does not include any custodial or maintenance work carried out in the
breakroom when it is unoccupied.
(D) There are sufficient nonsmoking breakrooms to accommodate
nonsmokers.
(14) Employers with a total of five or fewer employees, either
full time or part time, may permit smoking where all of the following
conditions are met:
(A) The smoking area is not accessible to minors.
(B) All employees who enter the smoking area consent to permit
smoking. No one, as part of his or her work responsibilities, shall
be required to work in an area where smoking is permitted. An
employer who is determined by the division to have used coercion to
obtain consent or who has required an employee to work in the smoking
area shall be subject to the penalty provisions of Section 6427.
(C) Air from the smoking area shall be exhausted directly to the
outside by an exhaust fan. Air from the smoking area shall not be
recirculated to other parts of the building.
(D) The employer shall comply with any ventilation standard or
other standard utilizing appropriate technology, including, but not
limited to, mechanical, electronic, and biotechnical systems, adopted
by the Occupational Safety and Health Standards Board or the federal
Environmental Protection Agency. If both adopt inconsistent
standards, the ventilation standards of the Occupational Safety and
Health Standards Board shall be no less stringent than the standards
adopted by the federal Environmental Protection Agency.
This paragraph shall not be construed to (i) supersede or render
inapplicable any condition or limitation on smoking areas made
applicable to specific types of business establishments by any other
paragraph of this subdivision or (ii) apply in lieu of any otherwise
applicable paragraph of this subdivision that has become inoperative.
(e) Paragraphs (13) and (14) of subdivision (d) shall not be
construed to require employers to provide reasonable accommodation to
smokers, or to provide breakrooms for smokers or nonsmokers.
(f) (1) Except as otherwise provided in this subdivision, smoking
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may be permitted in gaming clubs, as defined
subdivision (d), and in bars and taverns, as
of subdivision (d), until the earlier of the
(A) January 1, 1998.
(B) The date of adoption of a regulation (i) by the Occupational
Safety and Health Standards Board reducing the permissible employee
exposure level to environmental tobacco smoke to a level that will
prevent anything other than insignificantly harmful effects to
exposed employees or (ii) by the federal Environmental Protection
Agency establishing a standard for reduction of permissible exposure
to environmental tobacco smoke to an exposure level that will prevent
anything other than insignificantly harmful effects to exposed
persons.
(2) If a regulation specified in subparagraph (B) of paragraph (1)
is adopted on or before January 1, 1998, smoking may thereafter be
permitted in gaming clubs and in bars and taverns, subject to full
compliance with, or conformity to, the standard in the regulation
within two years following the date of adoption of the regulation. An
employer failing to achieve compliance with, or conformity to, the
regulation within this two-year period shall prohibit smoking in the
gaming club, bar, or tavern until compliance or conformity is
achieved. If the Occupational Safety and Health Standards Board and
the federal Environmental Protection Agency both adopt regulations
specified in subparagraph (B) of paragraph (1) that are inconsistent,
the regulations of the Occupational Safety and Health Standards
Board shall be no less stringent than the regulations of the federal
Environmental Protection Agency.
(3) If a regulation specified in subparagraph (B) of paragraph (1)
is not adopted on or before January 1, 1998, the exemptions
specified in paragraphs (7) and (8) of subdivision (d) shall become
inoperative on and after January 1, 1998, until a regulation is
adopted. Upon adoption of such a regulation on or after January 1,
1998, smoking may thereafter be permitted in gaming clubs and in bars
and taverns, subject to full compliance with, or conformity to, the
standard in the regulation within two years following the date of
adoption of the regulation. An employer failing to achieve compliance
with, or conformity to, the regulation within this two-year period
shall prohibit smoking in the gaming club, bar, or tavern until
compliance or conformity is achieved. If the Occupational Safety and
Health Standards Board and the federal Environmental Protection
Agency both adopt regulations specified in subparagraph (B) of
paragraph (1) that are inconsistent, the regulations of the
Occupational Safety and Health Standards Board shall be no less
stringent than the regulations of the federal Environmental
Protection Agency.
(4) From January 1, 1997, to December 31, 1997, inclusive, smoking
may be permitted in gaming clubs, as defined in paragraph (7) of
subdivision (d), and in bars and taverns, as defined in paragraph (8)
of subdivision (d), subject to both of the following conditions:
(A) If practicable, the gaming club or bar or tavern shall
establish a designated nonsmoking area.
(B) If feasible, no employee shall be required, in the performance
of ordinary work responsibilities, to enter any area in which
smoking is permitted.
(g) The smoking prohibition set forth in this section shall
constitute a uniform statewide standard for regulating the smoking of
tobacco products in enclosed places of employment and shall
in paragraph (7) of
defined in paragraph
following:
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(8)
supersede and render unnecessary the local enactment or enforcement
of local ordinances regulating the smoking of tobacco products in
enclosed places of employment. Insofar as the smoking prohibition set
forth in this section is applicable to all (100-percent) places of
employment within this state and, therefore, provides the maximum
degree of coverage, the practical effect of this section is to
eliminate the need of local governments to enact enclosed workplace
smoking restrictions within their respective jurisdictions.
(h) Nothing in this section shall prohibit an employer from
prohibiting smoking in an enclosed place of employment for any
reason.
(i) The enactment of local regulation of smoking of tobacco
products in enclosed places of employment by local governments shall
be suspended only for as long as, and to the extent that, the
(100-percent) smoking prohibition provided for in this section
remains in effect. In the event this section is repealed or modified
by subsequent legislative or judicial action so that the
(100-percent) smoking prohibition is no longer applicable to all
enclosed places of employment in California, local governments shall
have the full right and authority to enforce previously enacted, and
to enact and enforce new, restrictions on the smoking of tobacco
products in enclosed places of employment within their jurisdictions,
including a complete prohibition of smoking. Notwithstanding any
other provision of this section, any area not defined as a "place of
employment" or in which smoking is not regulated pursuant to
subdivision (d) or (e), shall be subject to local regulation of
smoking of tobacco products.
(j) Any violation of the prohibition set forth in subdivision (b)
is an infraction, punishable by a fine not to exceed one hundred
dollars ($100) for a first violation, two hundred dollars ($200) for
a second violation within one year, and five hundred dollars ($500)
for a third and for each subsequent violation within one year. This
subdivision shall be enforced by local law enforcement agencies,
including, but not limited to, local health departments, as
determined by the local governing body.
(k) Notwithstanding Section 6309, the division shall not be
required to respond to any complaint regarding the smoking of tobacco
products in an enclosed space at a place of employment, unless the
employer has been found guilty pursuant to subdivision (j) of a third
violation of subdivision (b) within the previous year.
(1) If any provision of this act or the application thereof to any
person or circumstances is held invalid, that invalidity shall not
affect other provisions or applications of the act that can be given
effect without the invalid provision or application, and to this end
the provisions of this act are severable.
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CITY OF DUBLIN
PUBLIC NOTICE AND SUMMARY REGARDING
A PROPOSED AMENDMENT TO THE
MUNICIPAL CODE PROHIBITING SMOKING IN
PRIVATE RESIDENCES THAT ARE LICENSED
TO OPERATED AS CARE CENTERS
THIS NOTICE PROVIDES IMPORTANT INFORMATION ABOUT A PROPOSED AMENDMENT TO THE
DUBLIN MUNICIPAL CODE AND THE PUBLIC HEARING PROCESS. FOR SPECIFIC DETAILS, PLEASE
REVIEW THE ENCLOSED DESCRIPTIONS.
REASON FOR TillS NOTICE
You are being provided this notice as your business has been identified as a licensed care facility, operating within
the City of Dublin. As such, your organization may be impacted by an ordinance amendment, which the City
Council will consider on March 18,2008. Specifically, the Dublin City Council will consider prohibiting smoking,
24 hours a day and 7 days a week, within businesses that provide care services such as childcare, adult-care, and
healthcare related activities. This law would apply to both private residences and also to commercial locations that
operate as care centers.
WHO SHOULD RECEIVE THE NOTICE
You are being provided with this notice as an identified operator of a license care center within the City of Dublin.
WHEN WILL THE CITY COUNCIL CONSIDER THE AMENDMENT
The City Council will consider the proposed Amendment at a Public Hearing on:
Tuesday, March 18,2008
7:00 p.m. - City Council Chambers
100 Civic Plaza
Dublin, California 94568
WHEN WILL THE NEW AMENDMENT BE EFFECTIVE
Amendments to the Municipal Code must be considered by City Council at two (2) City Council Meetings. The
proposed amendment would become law 30 days following its second approval by the City Council.
IS THERE AN OPPORTUNITY FOR PUBLIC COMMENT
YES. The Public Hearing noted above is a public meeting and there will be opportunity for public input.
PLEASE NOTE: If you wish to file written comments, you must include the following information: 1) Identify the
issue; 2) Provide your printed name and complete address; 3) Indicate the address of your care center, if it is
different from your address; and (4) Provide your signature and the date signed. You may mail your written
comments in advance of the Public Hearing to: Attention City Clerk, City of Dublin, 100 Civic Plaza Dublin,
California 94568. In order to have your written comments recorded, all of the information discussed above must be
included.
. QUESTIONS
It is our hope that the information included with this Notice is helpful in answering the most common questions. In
the event that you have additional questions, please contact the City Manager's Office at (925) 833-6650.
Attachment 3