HomeMy WebLinkAboutItem 6.5 Smoking Ord CITY CLERK FILE # 560-90
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 1, 2002
SUBJECT: Public Hearing: Amendments to the Smoking Pollution Control
Ordinance -Second Reading
~ Report Prepared By: Jason Behrmann, Administrative Analyst
ATTACHMENTS: 1) Ordinance amending Dublin Municipal Code Chapter 5.56 -
Smoking Pollution Control
RECOMMENDATION: 1) Open Public Hearing
2) Receive Public Testimony
3) Close Public Hearing
4) Deliberate
5) Waive reading and ADOPT Ordinance
FINANCIAL STATEMENT: None
DESCRIPTION:
At its meeting of September 3, 2002, the City Council introduced an Ordinance amending Dublin
Municipal Code Chapter 5.56 - Smoking Pollution Control (Attachment 1). At the September 17, 2002,
City Council Meeting, the Council made further modifications to the Ordinance and re-introduced the
Ordinance with the new modifications. The amendments would change the Ordinance as follows:
1. Prohibit the retailing of tobacco products or tobacco paraphernalia by means of a self-service
display.
2. Prohibit smoking in outdoor dining areas that are part of a restaurant, business, nonprofit entity,
place of employment, or located in any public place.
3. Prohibit smoking within a reasonable distance from any unenclosed area in which smoking is
prohibited and the main entrance of any enclosed area in which smoking is prohibited except while
actively passing on the way to another destination and without entering or crossing any area in
which smoking is prohibited. Reasonable distance is defined as a minimum of 10 feet.
COPIES TO:
ITEM NO. ~
H/cc-forms/agdastmt.doc
4. Prohibit smoking in common areas of multi-family buildings including, but not limited to,
apartments, condominiums, retirement facilities, and nursing homes.
5. Require the posting of no-smoking signage outside a building entrance.
6. Prohibit smoking within 25 feet of children's play areas as defined by State Law.
Additionally, the Ordinance has been updated to reflect changes that have occurred in State law since the
Ordinance was last amended in 1994.
RECOMMENDATION:
Staff recommends that the City Council open the public hearing, receive public testimony, close the public
heating, deliberate, waive the reading and ADOPT the Ordinance amending Dublin Municipal Code
Chapter 5.56 -Smoking Pollution Control.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING
CHAPTER 5.56 OF THE DUBLIN MUNICIPAL CODE
RELATING TO SMOKING AND REGULATION OF SALES OF
TOBACCO AND RELATED PRODUCTS
THE DUBLIN CITY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1: FINDINGS.
The purpose of this ordinance is to bring the existing provisions of Chapter 5.56 of the Dublin
Municipal Code regulating smoking into conformity with recent changes in state law and to add
additional permissible restrictions on smoking in enclosed and unenclosed public places and
places of employment. The Council has received information from the public that some
bothersome smoking permissible under state law in places of employment and in enclosed and
unenclosed public places continues despite the known health risks to Smokers and of secondhand
smoke. The Council'S intent in adopting this ordinance is to preserve and improve the health of
the residents and workers of the City by reducing their exposure to secondhand smoke and the
harmful effects thereof on human health.
SECTION 2: CHAPTER 5~56 OF THE MUNICIPAL CODE AMENDED.
Chapter 5.56 of the Dublin Municipal Code is hereby amended as follows, with struck o'c~t text
indicating deletion and double underlined text indicating addition:
5.56.030 Applicability.
All e-~4osed areas and facilities owned by the city shall be subject to the provisions of
this Chapter.
5.56.040 Definitions.
"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 mn ....... ;,t,;~ ~.~ ~,- ....... ;~,~,~ ,..;,,. .... · ...... , -.,.~,, ~o
"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 any enclosed area
"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
ATTACHMENT 1 ,
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any person who volunteers his or her services for a nonprofit entity an:,' person who is
"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 any enclosed area th:der
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"Public place" means any enclosed 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 insures 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 often (10) feet unless the
application of the ten-foot minimum would place the smoker in a potentially unsafe location,
in which case a "reasonable distance" shall be a location closer than ten 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,
pat b pl y
rons,, mem ers or em o ees an ' c
"Sar" in th/s r, ection.
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"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.
'--' '-'1-- ......J ................. mearlg:
"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking
materials of all t.vpes, cigarette rolling machines, and any other item designed for the
smoking or ingestion of tobacco products.
"Tobacco product" means any substance containing tobacco leafi including but not
limited to cigarettes, cigars, pipe tobacco, snuffi 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.
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 employrnent 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.
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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,
ATMs, 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.
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................................ ~ ..... .~ .... ~ ....... public *** al! businesses and
r,..v, t^,~. and motels;
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5.56.060 Duty of employer, business, or nonprofit entity
F~la~S ~ ~i ......
A. No employer, bUsiness, or nonprofit entity shall knowingly or intentionally permit the
smoking of tobacco products in an area which is under the employer's, business's, or
nonprofit entity's control and in which smoking is prohibited.
B. No employer, business, or nonprofit entity shall knowingly or intentionally permit the
presence or placement of ash receptacles, such as, without limitation, ash trays or ash cans,
within an area which is under the employer's, business's, or nonprofit entity's control and in
which smoking is prohibited, including, without limitation, inside the perimeter of any
reasonable smoking distance required by this chapter.
C. Notwithstanding any other provision of this chapter, any employer, business,
nonprofit entity, or other Person who controls any area may declare that any part of such area
in which smoking would otherwiSe be permitted is a nonsmoking area.
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5.56.070 Reasonable smokin~ distance reanired--10 feet A ...... + .....
A. Smoking shall be prohibited within a reasonable distance, as defined in this chapter,
from any main entrance into an enclosed area in which smoking is prohibited except while
'actively passing on the way t° anOther destinati°n and without entering or crossing any area
in which smoking is prohibited.
B. Smoking shall be prohibited within a reasonable distance, as defined in this chapter,
from any unenclosed area in which smoking, is Prohibited except while actively passing on
the way to another destination and without entering or crossing any area in which smoking is
prohibited.
/1 T-T^+~I ~,4 ~+~1 ........ +~,.-1 + ......
5.56.80 Posting of Signs
A. "Smoking" or "No Smoking" signs, Whichever are appropriate, with letters of not less
than inch (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 or outside of every
building or other place where smoking is controlled by this chapter, by the owner,
operator, manager or other person having control of such building or other place. When a
sign is posted on the exterior of a building to indicate no smoking, it shall include the
distance limitations contained in this Chapter.
5.56.115 Tobacco self-service displays and tobacco samples prohibited ~
A. It is unlawful for any person to display tobacco products or tobacco paraphemalia by
means of a self-service display or to engage in tobacco retailing by means of a self-service
display. Tobacco retailing by means of a vending machine is prohibited by this section.
B. No person shall knowingly distribute or furnish without charge, or cause to be
furnished without charge to the general public, cigarettes or other tobacco products, at any
event open to the public, or in any public place including but not limited to, any right-of-way,
mall or shopping center, park, playground and any other district, or any park district, except
in retail tobacco stores.
SECTION 3: ' SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held
invalid or unenforceable by a court of competent jurisdiction, the remainder of the ordinance,
including the application of such part or provision to other persons or circumstances shall not be
affected thereby and shall continue in full force and effect. To this end, provisions of this
ordinance are severable. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases, or the application of any of the foregoing to a particular person or circumstance, be held
unconstitutional, invalid, or unenforceable.
SECTION 4: PUBLICATION AND EFFECTIVE DATE.
In accordance with Section 36937 of the Government Code of the State of California, this
Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage.
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 BY THE CITY COUNCIL OF THE CITY OF
DUBLIN on this day of ,2002, by the following votes:
Ayes:
Noes:
Absent:
Abstain:
Mayor
Attest:
City Clerk
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