HomeMy WebLinkAboutOrd 18-08 MuniCode Smoking Pollution
ORDINANCE NO. 18-08
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 ofthe 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 private residences that are licensed
to provide 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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"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 of the 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 oftobacco.
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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 private residences licensed as
family day care homes regardless of their hours of operation.
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 of the 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 1st day of April, 2008.
A YES: Councilmembers Hildenbrand, Oravetz, Sbranti and Scholz, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
r;/;
Carol n Parkinson, Interim City Clerk
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