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HomeMy WebLinkAboutOrd 13-86 Smoking PollutionORDINANCE NO. 13-86 AN ORDINANCE OF THE CITY OF DUBLIN -~.? .................................... ' .... RELATED'-TO' SMOKING-POLLUTION CONTROL SEC. 1000 SEC, 1001 SEC. 1002 SEC. 1005 SEC. 1004 SEC. 1005 SEC. 1006 SEC. 1007 SEC. 1008 SEC. 1009 SEC. 1010 SEC. 1011 SEC, 1012 SEC. 1015 SEC. 1014 SEC. 1015 Title Findings and Purpose Definitions Application of Article to City Owned Facilities Prohibition of Smoking in Public Places Regulation of Smoking in Places of Employment Where Smoking Not Regulated Posting of Signs Enforcement Violations and Penaltie~ Nonretaliation Public Education Bovernmental Agency Cooperation Other Applicable Laws Severability Effective Date Sec. 1000 Title' This article shall Be known as the Smokiqg Pollution Control Ordinance. Sec. 1001 Findings and Purpose The City Council of the City of Dulolin hereby finds that: Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and Reliable studies have shown that breathing second-hand smoke is a significant health hazard for certain population groups, including elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and Health hazards induced by breathing second-hand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm; and Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing second-band smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and Numerous studies have s'hown tha't a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employment. ~ ~moking is a documented cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses. Accordingly, the City Council finds and declares that the purposes of. this ordinance are 1) to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and 2) to strike a reasonable balance between the needs of smokers and the need of nonsmokers.to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breath smoke-free air shall have priority. Sec. 1002 Definitions The following words and phrases, whenever used in this article, shall be construed as defined in this section: 1. "Bar" means an area which is devoted to the serving of alcoholic beverages ~nd in which the service of food is only incidental to the consumption of such beverages. 2. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establish- ments where goods or services are sold as well as pro- fessional corporations and other entities where legal, medical, dental, engineering, architecturaI, or other professional services are delivered. "Dining Area" means any enclosed area containing a counter or tables upon which meals are served. 4. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity. · 'Employer" means any person, partnership, corporation, or non-profit entity, including a municipal corporation, who employs the services of one or more persons. "Enclosed" means closed in by roof and four wails with appropriate openings for ingress and egress. -2- . "Non-Profit Entity" means any corporation, unincorporated association, or other entity creaked ~or charitable, edu- cational, 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 "non-profit entity" within the meaning of this section. 8. "Place of Employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the 'course of employment, including but not limited to, work areas, employee lounges, and restrooms, conference and Class rooms, cafeterias and hallways. Except: am A private residence is not a place of employment, unless'it is used as a child care or a health cafe facility. bm The dining area of a restaurant is not a "place of employment". '9. "Public Place" means any enclosed area to 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 'service establishmentsi retail stores,'theaters, and waiting ~ooms. 10. "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 guesthouse, which gives or offers food for sale to the public, guests, patrons, or employees, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar~ as defined in section 1002 11. "Retail Tobacco Store" means a retail store utilized primarily for the sale of tobacco products and accessories. I2. "Service Line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service includes the exchange of money. 13. "Smoking" means inhaling, exhaling, burning, or carrying any lighted pipe, cigar, or cigarette of any kind, or any other combustible substance. 14. "Sports Arena" means sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller an~ 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. Sec. 1003 Application of Smoking in City Owned Facilities. All enclosed facilities owned by the City of ~hl(n shall be subject to the provisions of this article. Sec. 1004 Prohibition of Smoking in Public Places A. Smoking shall be prohibited in all enclosed public places within the City' of I3.1)~lio_~ including, but not limited to, the following places: 1. Elevators and restrooms. . Buses, taxicabs and other means of public transit under the authority of the City of I~, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent fa) the establishment of separate waiting areas for smokers and nonsmokers, of equal size 'or (b) the establishment of a maximum of 50~ of a given waiting area as smoking area. Service lines Retail Stores, except areas in said stores not open to the public and all areas within retail tobacco stores. Retail food marketing establishments, including grocery stores and supermarkets, except those areas of such establishments set aside for the purpose of serving of food and drink, restrooms and offices, and areas thereof not open to the public, wh.ich may be otherwise regulated by this article. . All areas available to and customari'Iy used by the general public in all businesses ano non-profit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels. m Restaurants, provided, however, that this prohibition does not prevent (a) the designation of a contiguous area within a restaurant that contains a maximum of 50S of the seating capacity of the restaurant as a smoking area, or (b) providing separate rooms designated as smoking rooms, so long as said rooms do not contain more than 50~ of the seating capacity of the restaurant. -4- 8, Public areas of aq'uariums, libraries, and museums when open to the public; provided, however, that this pro- hibition does not prevent the designation of a contiguous area containing a maximum of fifty percent (50~) of a lobby as a smoking area. . Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar performance, except when smoking is part of any such production, provided however, that this prohibition does not prevent the designation of a contiguous area coniaining a maximum of fifty percent (§0~) of a lobby as a smoking a~ea. 10. Sports arenas and convention halls, except in designated smoking areas. 11. Every room, chamber, and place of meeting or public assembly, including school buildings under the control of any board, council, commission, committee, or agencies of the City or any political subdivision of the State during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the City. 12. Waiting rooms, hallways, wards, and semi-private rooms of health facilities, including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and dentists' offices. In bed space areas Of health facilities used for two or more patients, smoking shall be prohibited unless all patients within the room are smokers and request in writing upon the health care facility's admission forms to be placed in a room where smoking is permitted. -. 13. Polling Places. B. Notwithstanding any other provision of this section, any owner~ operator, manager or other person who controls any establish- ment described in this section may declare that entire establishment as a nonsmoking establishment. Sec. 1005 Regulation of Smoking in Places of Employment A. It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within existing facilities to the maximum extent possible, but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. -5- B. Within 60 days of the effective date.of this article, each employer and each place of employment located within the City shall adopt, implement, make known and maintain a written smoking policy, which shall contain at a minimum the following requirements: 1. Any employee in a place of employment shall have the right to designate his or her work area as a non-smoking area and to post the same with an appropriate sign or signs, to be provided by'the employer. Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, and restrooms . Provision and maintenance of separate and contiguous nonsmoking areas of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchroom~ and employee lounges or provision and maintenance of separate and equal sized cafeterias, lunchrooms and employee lounges for smokers and nonsmokers. 4. In any dispute arising under this smoking policy, the health concerns of the non-smoker shall be given precedence. C. The smoking policy shall be communicated to all employees within three weeks of its adoption. D. All employers shall supply a written copy of the smoking policy to any prospective employee. E. Notwithstanding any other provisions of this section, every employer shaI1 have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. Sec. 1006. Where Smoking Not Regulated A. Notwithstanding any other provisions of this Ordinance to th~ contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Bars. 2. Private residences, except when used as a child care or a health care facility. 3. Hotel and motel rooms rentmd to guests. e ~ Restaurant, hotel and motel conference or meetin~ rooms, and public and private assembly rooms while these places are being used for private functions; .. A private enclosed place occupied exclusively by smokers, even.though such a place may be visited by non-smokers. B. Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls any establishment described in this section may declare that entire establishment as a nonsmoking establishment. Sec, 1007 Posting of Signs A, "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than 1" in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circte with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this article, by the owner, operator, manager or other person having control of such building or other place. B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium, and in the case of motion picture theaters, such information shall be shown upon the screen for at least five seconds prior to the showing of emch feature motion picture. C. Every restaurant shall have posted at every entrance a sign clearly stating that a nonsmoking section is available and the size of that section. Every patron shall be asked as to his or her preference by the host or hostess (if'one is on duty). A person taking reservations for a restaurant shall likewise ask if there is a nonsmoking or smoking preference. Sec, 1008 Enforcement A. Enforcement shall be implemented by the City Manager. ., B. Any citizen who desires to register a complaint hereunder may initiate enforcement with the City Manager, or his designees. C. Any owner, manager, operator or employer of any establishment controlled by this article shall have the right to inform persons violating this article of the appropriate provisions thereof. -7- D, Notwithstanding any other provisions of this article~ a private' citizen may bring legal action to enforce this article. ! Sec, 1009 Violations and Penalties A, It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this article to fail to comply with its provisions. The owner, manager or operator of a restaurant shall not be deemed in violation of Sec, 1007 (c) if the host or hostess of the restaurant fails to ask the seating preference of patrons, but shall be deemed in violation thereof if the restaurant has no stated policy requiring that patrons be asked their preference. B. It shall be unlawful for any person to smoke in any area restricted by the provisions of this article. C. Any person who violates any'provision of this article shall be guilty of an infraction, punishabIe by: 1. A fine, not exceeding $100, for first violation; A fine, not exceeding $200, for a second violation of this article within I year; A fine, not exceeding $500, for each additional violation of this article within 1 year. Sec. 1010 Nonretaliation No person or employer shall discharge, refuse to hire, or in any manner, retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this article. Sec. 1011 Public Education The City Manager shall engage in a continuing program to explain and clarify the purposes.gf this article to citizens affected by it, and to guide owners, operators and managers in their compliance with it. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to Other governmental and health agencies equipped with ~h~ needed expertise to conduct such campaigns. -8- Sec. 1012 Governmental Agency Cooperation The City Manager shall annually request other governmental and educational agencies having facilities within the City to establish local operating procedures' in cooperation and compliance with this article. The City Manager shall urge Federal, State, County and special school district agencies to enforce their existing smoking control regulations and to comply voluntarily With this article. Sec. 1013 Other Applicable Laws This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Sec. 1014 Severability If any provision or clause of this Ordinance or the application thereof to any person or circumstances held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other Ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this Ordinance are declared to be severable. Sec. 1015 E{fective Date This article shall be effective thirty (30) days from the date of adoption. Sec. 1016 Posting of Ordinance The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this llth day of August , 1986. · AYES: NOES: Councilmembers Jeffery', Moffatt and Mayor Snyder City Clerk --9-- Councilmembers Hegarty and Vonheeder None