Loading...
HomeMy WebLinkAboutItem 8.1 Smoke Ord Amend CITY CLERK FILE # 560-90 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 16, 2002 SUBJECT: Request to Amend Smoking Ordinance Report Prepared By: Jason Behrmann, Administrative Analyst ATTACHMENTS: 1) California and Dublin Smoking Law Summary 2) Comparison of Smoking Ordinances in Alameda County 3) City of Dublin Smoking Ordinance RECOMMENDATION: 1) Determine whether to proceed with introducing an /~~ amendment to the Smoking Ordinance. 2) If the Council desires to amend the Ordinance, provide direction to Staff regarding the desired changes. FINANCIAL STATEMENT: None BACKGROUND: The City adopted Dublin Municipal Code Chapter 5.56 - "Smoking Pollution Control" (Smoking Ordinance) in 1987, with the most recent amendment, prohibiting smoking in restaurants, occurring in 1994. Since that time, revisions to State law have supplanted much of the City's Ordinance. Only in cases where the City's Ordinance is more restrictive than State law, does the City's Ordinance take effect. Attachment 1 shows the major provisions of State law as well as what is currently in effect in the City of Dublin. As indicated on the chart, State law governs most of the no-smoking provisions currently enforced in the City of Dublin. The only instance where the City's Ordinance Supersedes State law is with cigarette vending machines. Cigarette vending machines are banned entirely in the City of Dublin, while State law allows them in bars. DESCRIPTION: Smoking Outside of Business Entrance At the March 19, 2002 City Council Meeting, Mayor Lockhart stated that she had received a request that the City Council consider amending the City's current Smoking Ordinance to prohibit smoking within a certain distance of a business entrance. Since March, the City has received one additional call from a COPIES TO: ITEM NO. 8.1 H/cc-forms/agdastmt. doc ~ Dublin business asking that the City prohibit SmOking near a business entrance. The requests stem from the fact that smoking is not allowed in enclosed places of employment and in order to comply with the law, individuals frequently smoke outside, near the bUilding entrance. This can result in individuals entering or leaving the building being involuntarily exposed to secondhand smoke. There is nothing in current State or Dublin smoking law that prohibits smoking in Outdoor areas, including near a business entrance. Despite this exclusion, there is nothing that would prevent the Council from amending the City's Smoking Ordinance to prohibit smoking in such areas. Attachment 2 summarizes the smoking Ordinances of all jurisdictions in Alameda County. Eight out of fifteen Alameda County jurisdictions restrict smoking within a "reasonable distance" of any enclosed place of employment. The County of Alameda defines "reasonable distance" as being at least 15 feet from the building entrance, while most jurisdictions do not define the term "reasonable", and leave it up to the discretion of the enforcement agency. The Alameda County Public Health Department, who compiled the comparison data, has informed the City that the County of Alameda and the City of Oakland are currently considering amending their Ordinances to define "reasonable distance" as a minimum of 25 feet. Defining "reasonable distance" can be helpful for businesses establishing guidelines for employees, and still retain the City's flexibility in enforcing the law. Staff recommends that if the Council decides to pursue this amendment, the term "reasonable distance" be defined as a minimum distance of anywhere between 15 to 25 feet, as the Council deems appropriate. In addition to "reasonable distance", this may be an appropriate time for the Council to consider "strengthening" other areas of the Smoking Ordinance. As detailed in Attachment 2, there are a number of areas where jurisdictions have chosen to amend their Ordinance to be more restrictive than State law. The following outlines potential changes that the Council may wish to consider: Outdoor Dining In addition to smoking outside a business entrance, a number of Alameda County jurisdictions have amended their Ordinances to include outdoor dining. To date the City has not received any complaints of smoking in outdoor dining areas, however, since the opening of Hacienda Crossing, outdoor dining has increased dramatically in the City and this may become an issue in the future. Multi-Family Common Areas Eight out of fifteen Alameda County jurisdictions prohibit smoking in multi-family common areas. The definition typically applies to lobbies, hallways and other common areas in apartment buildings, condominiums, mobile home parks, retirement facilities, nursing homes and other multi-unit residential facilities. Self-Service Displays As of January 1, 2002 the sale or display of cigarettes through a self-service display is prohibited. A "self- service display" is a display of cigarettes that allows access to the product by customers without help from a clerk. Current law does not apply to smokeless tobacco or cigars. Dublin Police Services has indicated that they have requested that Dublin businesses not provide self-service displays of these products but many have been unwilling to comply with this request. There are currently three Alameda County jurisdictions that prohibit self- service displays of smokeless tobacco or cigars. RECOMMENDATION Staff recommends that the City Council determine Whether to proceed with introducing an amendment to the City's Smoking Ordinance. If the Council desires to amend the Ordinance, Staff requests that the Council provide direction to Staff regarding the desired changes. Smoking Control Ordinances AB 13/3037 CA Smoke-free City of Dublin Workplace Law Work places Smoke-free Smoke-free Employee breakrooms Smoking allowed only Under Smoking allowed only under specific guidelines (1) specific guidelines (1) Company vehicles Smoking prohibited except in Smoking prohibited except in track cabs when no non- truck cabs when non non- smoking employees are smoking employees are present, present Restaurants Smoke-free Smoke-free Bars in restaurants/hotels Smoke-free Smoke-free Free standing bars Smoke-free Smoke-free Gaming clubs/bingo Smoke-free Smoke-free Bowling Smoke-free Smoke-free Billiards Smoke-free Smoke-free Hotel Rooms 35% Smoke-free 35% Smoke-free Meeting & banquet rooms Smoking not allowed during Smoking not allowed during ~ food/beverage service, set-up, food/beverage service, set-up, and clean-up and clean-up Multi-family common areas No provision i No provision Outdoor areas: Reasonable No provision No provision distance Outdoor areas No provision No provision Vending Machines Over 21 bars only Banned Free Samples Banned (2) Banned Self-service Displays Banned (3) Banned (3) Date adopted 1994, amended 1998 January, 1994 (1) Smoking allowed if air exhausted directly outside in non-work area; non-smokers have comparable breakroom, and compliance with state and federal ventilation standards. (2) California Health and Safety Code Section 118950 (3) California Business and Professional Code Section 22962 G:\Central ServicesLMiscellaneous\Smoking Control Ordinances.doc ATTACHMENT 1 Smoking Control Ordinances in Alameda County, 06~2002 COUNTY/C'TytA'a'C°untY A'amedaC'tYtUnincorp** Albany tserkel°y I Dublin I Eme~.teI Fremont I Hayward I .ven. I Newark I Oak,end I P,edmont IP,ea.ntonlsanLeendrol Un,onCi~ : Wo~ Places Smoke-fie Smoke-free Smoke*frae Smoke*free Smoke-free - Smoke-free Smoke*fie Smoke*free Smoke-free Smoke-free Smoke*free Smoke-free Smoke-free Smoke*free Smoke*fie Employes Smoke*fie AB 13 (1) AB 13 (1) Smoke*frae AB t3 (t) AB 13 (1) Smoke*fie Smoke-free AB 13 (1) Smoke-frae AB 13 (1} AB 13 (1) AB 13 (1) AB 13 (1) Smoke-free Breskroome Businesses with Specific Smoke-fie Smoke*fie Smoke*fie Smoke*fie Smoke*fie Smoke*free Smoke*free fewer than 6 Smoke*fie Smoke-free Smoke*free Srnoke-f~,e Specific condifion,~ Specific Specific employees coodifions (2) (2) conditions (2) condi§oos (2) Company Smoking Smoking Smoking Smoking Smoking Smoking Smoking Smoking Smoking Smoking prohibited except prohibited except Smoke*free Smoke*fie prohibited except in truck prohibited except Smoke*fie prohibited except Smoke*free prohibited except prohibited except prohibited except Smoke-fie prohibited except prohibited excepl vehicles in ~ck cabs (3) in ~ck cabs (3) cobs(3) in tmck cabs (3) in truck ceba (3) in trock cabs (3) infruckceba(3) in~ckcebs(3) in truck cabs (3) inb'uckcaba(3) RESTAURANTS Smoke*fie Smoke*free Smoke*fie Smoke*free Smoke*free Smoke-fie Smoke-free Smoke*fie Smoke*fie Smoke-fie Smoke*fie Smoke*fie Smoke*fie Smoke-free Smoke*fie Bars In restaurants/ Smoke*fie Smoke*fie Smoke*fie Smoke*fie Smoke*free Smoke*fie Smoke*fie Smoke*fie Smoke*fie Smoke*fie Smoke-fie Smoke-frae Smoke*free Smoke-fie Smoke-free hotels Fres. Stending Smoke-free Smoke*free Smoke*free Smoke-fie Smoke-free Smoke*fie Smoke*free Smoke*flee Smoke*free Smoke*fie Smoke*free Smoke*free Smoke-free Smoke-fie Smoke*fie Bars Gaming Smoke*fie Smoke*fie Smoke*fie Smoke-free Smoke*free Smoke-fie Smoke*free Smoke-flee Smoke*fie Smoke*fie Smoke-fie Smoke*free Smoke*free Smoke*fie Smoke*free clubs/bingo Bowling Smoke*fie Smoke-free Smoke-free Smoke*fie Smoke*free Smoke*fie Smoke*free Smoke*free Smoke*fie Smoke-free Smoke*fie Smoke*fie Smoke*frae Smoke-free Smoke-free Billiards Smoke*free Smoke*frae Smoke*fie Smoke*free Smoke,fres Smoke-fie Smoke*free Smoke*fie Smoke*fie Smoke*frae Smoke*fie Smoke*fie Smoke*free Smoke-free Smoke*free Hotel Rooms 75% S-free 35% S-free 35% S-free 75% S-fie 35% S.fres 35% S-free (AB13 60% S-free 35% S-fie 75% S-free 60% S-free 35% S-free 35% S-free 75% S-fres 35% S-free 60% S-free (AB13) (AB131 (ABt3) (AB13) (AB13) (AB13) Meeting and Specific Specific Specific Specific Specific Specific Specific Specific Specific Specific Specific Specific Banquet Rooms ,'imumstences. (4'~circumstances. (4) cimumstancee. (4 ;ircumstances. (41 circumstances' circumstances. (41 :ircumstences. (4] circumstances. (41 Smoke*free Smoke*free :ircumstences. (4'~ cimumstences. (4) Smoke*fie circumstances. (4' :imumstances. (4' (4) Multi-family Smoke*fie No provision No provision Senior rasid. No provision No provision Smoke-free Smoke*free Smoke*fres: Smoke*free Smoke*fie No provision Smoke-free No provision Smoke*free common areas Outdoor areas: Yes - No defined Yes o No defined i Yes - No defined Yes - No defined Yes - No defined : Yes - No defined Reasonable Minimum of 15 ft. No provision footage No provision No provision No provision Yes - No defined Distance footage No provision footage footaga footage No provision footage No pmvisioo footage 100% din.,svc. 100% din.,svc. Outdoor areas 100% outdoor No provision No provision 100% outdoor Svc.linee,bus No provision Service lines, Service lines. Svc.lines,bus lines, stadiums, No provision No provision lines, stadiums, No provision Se~ce lines, dining workplace stops, stadiums 50% dining 50% dining stops, stadiums bus stops bus stops 50% dining Over 21 bars (BP* Over21 bars (Bt: Vending Bach, Banned 22960) Over 21 bars onl Banned Banned # 22960) Over 21 ba~s only Over 21 bars only Banned Banned Over 21 bars only Over 21 barn only Over 21 bars onl Over 21 barn only (BP # 22960) Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Free samples Banned HS #118950 Banned Banned Banned HS #118950 HS #118950 HS #118950 All tobacco Cigarattes banoo~ Cigarettes banned Cigarettes bannec Cigarettes banner All tobacco Self. service NI tobacco Cigareffes Cigarettes banned Cigarettes banned Cigarettes banned Cigarattes banne( products banned )roducts banned Displays products banned Cigarettes bance( Cigarettes banner ~igarattas banne¢ banned . IS ng e c garstte Banned PC 308.2 Banned PC 308.: Banned PC 308.; Banned PC 308.2 Banned PC 308.~ Banned PC 308.2 Banned PC 308.2 Banned PC 308.2 Banned PC 308.; Banned Banned PC 308.2 Banned PC 300.2 Banned PC 308,; Banned PC 308.,~ Banned PC 308.2 Llcensln~l No prevision No provision No provision No provision No provision No provision No pravision No provision No provision No provision No provision No provision No pravision No provision No provision Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned Banned  Billboards BP #22961 BP #22961 BP #22961 BP #22961 BP #2296t BP #22961 BP #22961 BP #22961 BP #22961 BP #22961 Banned BP #22961 BP #22961 BP #22961  Location/Zoning No provision No provision No provision No provision No provision No provision No provision No provision No provision No pmvisian Resbic~ons No provision No provision Moratorium 11/01 No provision Retailer Ad . ('*) Restriction No provision No provision No provision No pmvision No provision No provision No provision No pmvision No provision No provision No provision No provision No provision No provision No provision "1"" Public Transit Ad No provision No provision No provision No provision No provision No provision No provision No provision No provision No provision No provision No provision No provision No provision No provision :~ CUP (51 No provision revised* No prevision No provision No provision No provision No pmvicion No provision No provision No provision Restrictions No provision No provision Moratorium 11/01 No provision ET'I Lobby Yes No provision Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No provision Yes  Hardship ExempL No No No Yes Yes No No No No No Yes No No .No No Enforcement 208-5916 748-4508 525-7300 664-6510 925-833-6657 596-3728 675-5382 583-4174 925-371-4797 81~-3016 238-2257 420-3040 925-931-5620 577-3245 471-1365 r%,.,) Includes all County. operated facilities in the County. (1) See,AB 13 for details (2) Employees can be FT or PT; minors are not allowed; no employee req. to work in the area; air is exhausted directly outside; and employers complies with state and federal ventilation standards. (3) Smoking prohibited except in truck cabs when no non.mooking employees are present. (4) Smoking not allowed during food/beverage sea/ice, set-up and clean-up° (5) Conditional Use Permit 5.56.010' Chapter 5.56 2. Reliable studies have shown that breathing secondhand smoke is a significant SMOKING POLLUTION. CONTROL health hazard for certain population groups; 'including elderly people, individuals with Sections: cardiovascular disease, and individuals with 5.56.010 Title. impaired respiratory function, including 5.56.020 Findings.and purpose, asthmatics and those with obstructive air- 5.56.030 Applicability. way disease; and 5.56.040 Definitions. 3. Health hazards induced by breathing 5.56.050 Prohibition of smoking secondhand smoke include lung cancer, , 'in public places, respiratory infection, decreased exercise 5.56.060.- Regulation of smoking tolerance, decreased respiratory function, in places of bronchoconstriction, and bronchospasm; and employment. 4. Nonsmokers with allergies, respirato- 5.56.070 Areas not regulated, ry diseases and those who suffer other ill 5.56.080 Posting of signs, effects of breathing secondhand smoke may 5.56.090 Retaliation prohibited, experience a loss of job productivity or may 5.56.100 Public education by be forced to take periodic sick leave be- city. cause of adverse reactions to same; and 5.56.110 Public educationB 5. Numerous studies have shown that a Cooperation with other majority of both nonsmokers and smokers agencies, desire to have restrictions on smoking in 5.56.115 Tobacco vending public places and places of employment; machines and tobacco 6. Smoking is a documented cause of samples prohibited, fires, and cigarette and cigar bums and ash 5.56.120 Interpretation. stains on merchandise and fixtures cause 5.56.130 EnforcementB economic losses to businesses. Administrative officer B. Accordingly, the City Council finds designated, and declares that the purposes of this chap- 5.56.140 Violation Penalty. ter are: 5.56.150 Appeal process. 1. To protect the public health and wel- fare by prohibiting smoking in public places 5.56.010 Title. except in designated smoking areas, and by This chapter shall be known as "the regulating smoking in places of employ- smoking pollution controI ordinance." (Ord. merit; and 2-94 § 1 (part): Ord. 1.3-86 § 1000) 2. To strike a reasonable balance be- tween the needs of smokers and the need of 5.56.020 Findings and purpose, nonsmokers to breathe smoke-free air, and A. The City Council finds that: to recognize that, where these needs con- 1. Numerous studies have found that flicL the need to breathe smoke-flec air tobacco smoke is a major .contributor to shall have priority. (Ord. 2-94 § 1 (part): indoor air pollution; and Ord. 13-86 § 1001) .~. 0~u~ 5-94) 188 ATTACHMENT 3 5.56.030 5.56.030 Applicability. only incidental to the consumption of such All enclosed facilities owned by the city beverages and'which is not a "bar," provid- shall be subject to the provisions of this ed that, if there are any other uses in the chapter. (Ord. 2-94 § 1 (part): Ord. 13-86 building, the area has a serf contained yen- § 1003) tilation system separate and apart from any ventilation system for any portion of the 5.56.040 Definitions. building which is not devoted to the serving The following words and phrases, when- of alcoholic beverages. overusedin this chapter, shall be construed "Nonpwfit entity" means any corpora- as defined in this section: lion, unincorporated association or other "Bar" means an area within, part of or entity created for charitable, educational associated with a restaurant which is devot- political, social or other similar purposes, ed to the serving of alcoholic beverages and the net proceeds from the operations of in which the service of food is only inciden- which are committed to the promotion of tal to the consumption of such beverages, the objects or purposes of the organization "Business" means any sole proprietor- and not to private financial gain. A public ship, partnership, joint venture, corporation agency is not a "nonprofit entity" within the or other business entity formed for profit- meaning of this sectiom making purposes; including retail establish- "Place of employment" means any .en- merits whexe goods or .services are sold as closed area under the control of a public or well as professional corporations and other private employer which employees normally entities where legal, medical, dental, engi- frequeat during the course of employment, neering, architectural or other professional including, but not limited to, work areas, services are delivered, employee lounges and restrooms, confer- "Dining area" means any enclosed area ence and classrooms, cafeterias and hall- co~oiuing a counter or tables upon which ways. Except: meals are served. 1. A private residence is not a place of '~mployee" means any person who is employment, unless it is used as .a child employed by any'employer in consideration care or a health care facility; for direct or- indirect monetary wages or 2. The.dining area of a restaurant is not prOfit, and any person.who volunteers his or a "place of employments" her services for a nonprofit entity. "Public place" means any enclosed area "Employer" means any person, partner- to which the-public is invited or in which ship, corporation ornonprofit entity, includ- the public is permil~, including, but not ing a municipal corporation, ' who employs limited to: banks, educational facilities, the ser¢iees of'one or more persons, health facilities, public transportation facili- "Enclosed" means closed in by roof and ties, reception areas, restaurants, retail food four walls with appropriate openings for production and marketing establishments, ingress and egress, retail stores, theaters and waiting rooms. "Freestanding bar" means an area which "Restaurant" means any coffee shop, is devoted to the serving of alcoholic bever- cafeteria, tavem, sandwich stand, soda foun- ages and in which the service of food is taln, private or public school cafeteria, and 189 c~b~ 5.56.040 any o~her eath~g e~blis~e~, o£gan~a~on, of money, whe~er club, ~gh~ ~ ~. giv~ or o~ food for ~ ~m,.pa~o~ or employes, exce~ ~t or tob~o ~ssofi~. (0~. 2-94 ~ 1 ~e ~m "esmmt" s~l not ~clude a ~): Offi. 13-86 ~ lffi2) c~l lo~ge .or ~vem if s~d coc~l lo~ge or ~vem is a "b~' ~ fle~ ~ ~e 5~0~0 ~ohibifion of smo~ng in ~bs~on fle~g "b~' ~ ~s s~on. public pla~ "Re~ 'tob~m store" s~m uffiiz~ ~ly for~e ~e of ~b~ encl~ ~blic pl~ M~ ~e ~ of co pmflum ~fl ~ofies. ~bl~ ~lu~g, but not 1~ "Sep~ly ve~lged mom" m~: follo~g plus: 1. ~ ~a w~ch ~ ase~ehea~g, 1. Eleva~m ~d m~oms; ~enfil~on ~d ~r-~nflifio~ sy~m 2. Bus~, ~s ~d o~er m~ of (~A~ desi~ such ~g none of ~e ~r public mit ~er'~e ~ofity of ~e ~ty, from ~e' ~m ~11 ~ ~ul~ ~ ~d ~ ficke~ ~g~g ~d w~g ~ of o~er' ~ of ~e ~fld~. public ~t de.B; provide, however, 2. A s~ely venfil~ mm shoed ~g~s pm~bifion d~snot ~v~t (a) ~e ~ !~ ~ ~ ~ w~d~ not ~m e~blis~ent of sepa~ w~g ~e~ for ' nommo~m ~'enter ~ mom for pu~s smokem ~d no~okem, of equ~ si~ or of ~gmm,-eg~ m ~d ~m a buil~g or (b) for~e p~oses of condue~g no~ b~- ~nt (50%) of a given w~g gea ness o~om. · smo~g ~. ~ "Semite l~e" me~ ~y ~d~r I~ ~ 3. Se~ice l~es; WMch o~ or mom ~mo~ ~e ~g for 4. Re~l ~oms, except ~e~ ~ 's~d or miv~ ~ice of ~Y ~d, whe~er or ~s not open ~ ~e public md ~1 ~e~ not such ~ ~cludes ~ exch~ge of ~ ~1 tob~o mor~; money. ' ' 5. Re~l f~d ~e~g ~~en~, "Smo~g" me~ ~g, e~a~g,- ~clud~g gm~ sto~ md su~m~e~, b~g or c~g ~y Hght~ pi~, cig~ ex.pt ~ose ~ of such esmb~s~en~ . or cigm~ of ~y ~d, or.~y o~er ~m- set ~ide for~e ~se of se~g of fo~ . busfible ~ce.' md d~, ~ms ~d offi~, ~d "S~' tuna" me~ s~m pa~om, ~er~f not o~ m ~ pubac, w~Ch may ~ms, h~ s~, ~g ~n~,' ~ o~e~se ~l~d by ~ ch~mg s~mmiug ~ols, roller ~d ice ~, ~wl- · 6. gl~ av~le to ~ ~m~ly ~g ~leys md o~er si~l~ pl~ whe~ u~d by ~e gene~ public ~ ~1 businesses m~m of.~e ~blic ~semble to eng~e ~d nonprofit e~fies p~ffized 'by ~ physi~ exemise,' p~cip~ ~ a~efic ~blic, ~clud~g, but not l~i~ m, busi- ~m~fifion, .or ~me~ ~m ev~m. ness offims, b~, homls ~d motels; "Vend~g ~e" me~ ~y ele~ffic 7. Restrain, limit~ to ~door d~g or m~h~c~ devi~ or ~pli~, ~e ~ w~g m~, ~sWooms, offices, .o~r~on of w~ de~nds u~n ~effion . bre~ roms ~d food p~p~on m~; ~ ~) 190 5.56.080 ~' the lobby statingthat smoking is prohibited enforce their existing smoking control regu- within the theater or auditorium, and in the. lations and to comply voluntarily with this case of motion picture theaters, such infor- chapter. (Ord. 2-94 § 1 (part): Ord. 13-86 marion shall be shown upon the screen for § 1012) at least five seconds prior to the showing of each feature motion picture. (Ord. 2-94 § 1 5.56.115 Tobacco vending machines (paxt): Ord. 13-86 § 1007) and tobacco samples prohibited. 5-56.090 Retaliation Prohibited. A. No cigarette or othertobac, co product No person or employer shall discharge, may be sold, offered for sale, or distributed refuse to hire, or in any manner, retaliate by or from a vending machine or other against any employee or applicant for em- appliance, or any other device designed or ployment because such employee or appli- used for vending purposes. cant exercises any fights afforded by this B. No person shall knowingly distribute chapter. (Ord: 2-94 § 1 (part): Ord. 13-86 or furnish without charge, or cause to be § 1010) furnished without, charge to the general public, cigarettes or other tobacco products, 5.56.100 Public education by city., or .coupons for cigarettes or other tobacco A. The City 'Manager shall engage in a products, atany event open to th6 public, or continuing program to explain and clarify in any public place including but not limit- the purposes of this chapter- to citizens ed to, any right-of-way, mall or shopping affected by it, and to guide owners, opera- center, park, playground and any other tors and managers in their compliance with property owned by the city, any school it. district, or any park district, except in retail B. The City Manager shall leave the tobacco stores. (Ord. 2-94 § 1 (part)) responsibility of conducting a public educa- tion campaign regarding the health conse- 5.56.120 Interpretation. quences of smoking to other governmental This chapter shall'not be interpreted or and health agencies equipped with the need- construed to permit smoking where it is ed expertise to conduct such campaigns, otherwise restricted by other applicable (Ord. 2-94 § 1 (part): Ord. 13-86 § 1011) laws. (Ord. 2-94 § 1 (part): Ord. 13-86 § lO13) 5.56.110 Public education-- Cooperation with other 5.56.130 Enforcementw agencies. Administrative officer The City Manager shall annually request designated. other governmental and educational agen- A. Enforcement shall be implemented by cies. having facilities within the city to es- the City Manager. tablish local operating procedures in cooper~ B. Any citizen who desires to register a ation and compliance with this chapter. The complaint hereunder may initiate enforce- City Manager shall urge federal, state, coma- ment with' the City Manager, or his ty and special school district agencies to designees. ~, 5-~4> 192 5.56.130 C. 'Any owner, manager, operator or employer of any establishment controlled by this chapter shall have the right to inform persons violating this chapter of the appro- priate provisions thereof. D. Notwithstanding any otherprovisions of this chapter, a private citizen may bring legal action to enforce this chapter. (Ord. 2- 94 § I (part): Or& 13-86 § 1008) 5.56.140 ¥iolation--Penaity. A. It is unlawful for any person who owns, manages, operates or otherwise con- trois the use of any premises subject to the regulation reader this chapter to fail to com- ply with its provisions. B. It is nnlawful for any person to smoke in any area restricted 'by the provi- sions of this chapter. C. Any person who violates any provi- sion. of this chapter shall be guilty of an infraction, punislmble by: 1. A /'me not exceeding one hunclred dollars ($100), for first violation; 2. A fine not exc~ing-two hundred dollars ($200), for a second violation of this chapter within one (1) yeah, 3. A fine not exceeding five hundred dollars ($500), for each additional violation of this chapter within one (1) year. (Ord. 2- 94 § 1 (part): Ord. 13-86 § 1009) 5-56.150 Appeal process. Psdmhnistrative decisions made by the City Manager relating to this chapter may be appealed to the City Council in accor- dance with Section 1.04.050 of the Dublin Municipal Code. (Ord. 2-94 § 1 (part)) 193 5.56.050 8. Bars, which donot me~t the require.- B. Employers may, however, designate merits for separately ventilated rooms, effec- smoking areas that meet the requirements five January 10, 1995; for a separately ventilated mom. (Ord. 2-94 9. -Public.areas of aquariums, libraries § 1 (part): Ord. 13-86 § 1005) and museums when open to the public; 10. Any building not open to the sky 5.56.070 Areas not regulated, which is used primarily .for exhibiting any A. NotWithstanding any other'provisions motion picture, stage drama, lecture, musi- of this chapter to the contrary, the following' cai recital or other similar performance, areas shall not be subject'to .the smoking except when smoking is.part of any such restrictions of this chapter. production; 1. Bars, as defined in Il-ds chapter, pm- 11. Sports arenas and convention halls; vided the bar meets the requirements for a 12. Every mom, chamber and place of separately ventilated room; meeting or public assembly, including 2. Freestanding bars; school buildings under the control of any 3. Private residencea~ except when used board, .council, commission, committee or as a child care or a health care 'facility; agencies of the city or any political subd!vi- 4. Hotel and motel rooms rented to sion of the state during such time as a pub- guests. lic meeting is inprogress, to the extent such B. Notwithstanding any other provision place is subject to the jurisdiction of the of this section, any owner, operator, manag- city; er or other person who controls any estab- 13. Waiting moms, hallways, wards and lishment described in this section may de- semi-private moms of health facilities, .clare that entire establishment as a including, but not limited to, hospitals,, nonsmoking establishment. (Ord. 2-94 § 1 clinics, physical therapy'facilities, doctors' (part): Ord. 13-86 § 1006) offices and dentists' offices. In bed space areas of health facilities used for two or 5.56.080 Posting of signs. more patients, smoking: shall be prohibited; A. "Smoking" or "No Smoking" signs, 14. Polling places, whichever are appropriate, with letters of B.. Notwithstan~g any other provision not less than one inch (1') in height, orthe of this section, any owner, operator, manag- international "No Smoking" symbol (con- er or other person who controls~any estab- sisting of a pictorial representation of a lishment described in this section may de- burning cigarette enclosed in a red' circle Clare that entire establishment as a with a red bar across it) shall be clearly, nonsmoking establishment. (OrcL 2-94 § 1 sufficiently and conspicuously posted in (part): Ord. 13-86 § 1004) every building or other place where smok- ing is controlled by this chapter, by the 5.56.060 Regulation of smoking in owner, operator, manager or other person places of employment, having control-of such building or'other A. It shall be the responsibility of em- place. ployers to provide smoke-free areas of B. Every theater owner, manager or employment for all employees, operator shall conspicuously post signs in 19I a~t~ ~-~)