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HomeMy WebLinkAboutOrd 29-05 SmokingPublicPlaces ORDINANCE NO. 29 . 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * ft . . . . * * * AMENDING SEcnON 5.56.050 OF THE DUBLIN MUNICIPAL CODE, RELATING TO SMOKING IN PUBLIC PLACES WHEREAS, it is the intention of the City Council of the City of Dublin to prohibit smoking in retail or wholesale tobacco shops and private smokers' lounges as authorized by Labor Code section 6404.5(i) and Health and Safety Code sections 118910 and 118940. NOW, THEREFORE, the City Council ofthe City of Dublin does ordain as follows: Section 1: Amendment to Section 5.56.050 of the Dublin Municipal Code Section 5.56.050 of the Dublin Municipal Code is amended by adding subsection E, to read as follows: Section 2: "E. Notwithstanding the exception in subsection A above for enclosed places identified in California Labor Code Section 6404.5(d) or it 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)" Severabilitv 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 and Post in I! of Ordinance This Ordinance shall take effect and be in force thirty (30) days ITom and after the date of its final adoption. 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 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Dublin on this I" day of November 2005, by the following votes: AYES: NOES: ABSENT: ABSTAIN: CounciImembers Hildenbrand, McCormick and Oravetz, and Mayor Lockhart None Vm. Zika None A~~M - City Clerk Ord. No. 29-{)5, adopted WI/OS, Item 6.2) Page I of 1