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CITY CLERK
File # ^~~~-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 21, 2008
SUBJECT: Adoption of Ordinance Amending Dublin Municipal Code Chapter
5.56 (Smoking Pollution Control)
Report Prepared by Roger Bradley, Administrative Analyst
ATTACHMENTS: 1) Ordinance Amending Chapter 5.56 of the Dublin Municipal
Code relating to Smoking Pollution Control.
2) "Clean" version of Ordinance Amending Chapter 5.56
without strikethrough notations.
RECOMMENDATION: Waive the reading and ADOPT the Ordinance Amending Chapter
5.56 of the Dublin Municipal Code relating to Smoking Pollution
Control (Attachment 1).
FINANCIAL STATEMENT: None.
DESCRIPTION: At the City Council Meeting on December 18, 2007, the City
Council directed Staff to research and present recommendations for augmenting the City's Smoking
Pollution Control policies and regulations. As part of this direction, Staff was to present recommendations
for an increase in the reasonable distance footage within City parks to 100 feet from areas in which people
congregate. Specifically, Staff was directed to analyze the Ordinance passed by the Livermore Area
Recreation and Park District as a model for a possible City Ordinance. In addition, Staff was directed by
Council to research creating asmoke-free City events ordinance. At the City Council Meeting on July 15,
2008, the City Council directed Staff to prepare a Draft Ordinance addressing smoke-free parks and
smoke-free events for Council's consideration, and the City Council held a public hearing and introduced
the Ordinance (Attachment 1) at the October 7, 2008 City Council Meeting.
Current Law
Smoking is prohibited in children's play areas and smoking is prohibited within a minimum of 25 feet
from a playground or a tot lot sandbox area.
Nonsmoking Parks Proposal
As a result of the impact of the 100 foot application in Neighborhood Parks and Neighborhood Squares,
the City Council directed Staff to prepare an Ordinance proposal that would prohibit smoking in totality at
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Page 1 of 2
ITEM NO. ~ Z
F:\Council\Agenda Statements\2008-2009\as-Parks and Events.2nd.doc
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these locations, and to apply a 100-foot prohibition at the City's Community Parks, which includes
Emerald Glen Park, Fallon Sports Park, Dublin Swim Center, Dublin Heritage Center, Dougherty Hills
Dog Park, Dublin Sports Grounds, and Shannon Park. In deriving the areas around which a 100-foot
prohibition would apply within community parks, Council directed Staff to prepare a Draft Ordinance that
placed a prohibition on the following park recreation areas:
• Children's play areas;
• Playgrounds;
• Swimming pool areas;
• Sports fields and courts;
• Skate parks; and
• Picnic areas.
Smoke Free City Events Proposal
In addition to the above, Staff was directed by Council to present recommendations for a prohibition of
smoking at City events. The prohibition would be placed upon any events planned, coordinated, and/or
financed by the City of Dublin, which are held upon City owned property. This would affect events such
as Day on the Glen and the Saint Patrick's Day Festival, but would exclude events that are not held on
City property such as the golf tournament. Any indoor events would be subject to other sections of the
Dublin Municipal Code. As part of this Ordinance proposal, smoking areas may be designated at City
events. Such areas would have to be clearly marked and be located the greatest distance practicable from
areas of high pedestrian traffic and from parking areas but may be no closer than 25 feet from them.
Enforcement of Proposed Ordinance
Dublin Police Services is responsible for enforcing the provisions of the smoking ordinance. Typically,
enforcement occurs when the City receives notice that a specific violation or a repeat violation has
occurred. Fines may be given when necessary, particularly for repeat offenses. A fine not exceeding $100
may be issued for any single violation within a given year, followed by a fine of $200 for a second
violation, and a fine of $500 for all subsequent violations within the same year.
RECOMMENDATION: Staff recommends that the City Council waive the reading and
ADOPT the Ordinance Amending Chapter 5.56 of the Dublin Municipal Code relating to Smoking
Pollution Control (Attachment 1).
Page 2 of 2
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ORDINANCE NO.
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, the City Council of the City of Dublin wishes to preserve and improve the
health of it residents by reducing the possibility of exposure to secondhand smoke and its
contaminates by increasing the buffer zone around areas in which smoking is prohibited.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Sections 5.56.040, 5.56.050 and 5.56.070 of the Dublin Municipal Code are
amended as follows, with additions indicated by underline and deletions by strikethrough:
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 child care, adult care, and other health care 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.
"Cif • s onsored event" means an event which the City of Dublin lans administers.
coordinates. and finances, and which is held upon property owned by the City of Dublin.
``Community Park" means Dougherty Hills Dog Park, Dublin Heritage Center, Dublin Historic
Park Dublin S orts Grounds. Dublin Swim Center F,merald Glen Park. Fallon S orts Park,
Shannon Park. and any new .park constructed after the effective date of this Ordinance that is
greater than eight (8) acres in size.
"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.
~fi~~~l~~- ~o~~(v~
Attachment 1
P~~
"Enclosed" means closed in by roof and four walls with appropriate openings for ingress and
egress.
"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.
``Park recreation area" means anv and all children's plav areas, plavQrounds, stivirmning areas.
sports fields. sports courts, skate parks, and picnic areas.
"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 otherwise provided in this Chapter, this distance shall be a minimum of twenty (20)
feet unless the application of the twenty (20) foot minimum would place the smoker in a
potentially unsafe location, in which case a "reasonable distance" shall be a location closer than
twenty feet which does not place the smoker in a potentially unsafe location. " "~°~~°r~'~'°
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.
2
Attachment 1
~~~
"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 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.
"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. Anv City park except for a cornlnunit~park;
3. Anv ark recreation area within anv City ark or community arks and within one-
hundred 100 feet of a ark recreation area in a community park. exce t while actively assina
on the way to another destination and without entering or crossing anv area in which smoking is
prohibited;
4. 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:LL
~. Anv City sponsored event, except in anv area desi,nated by the City as a smoking area.
City s onsored events ma • have one but no more than three designated smokillQ areas of an
appropriate size, rovided the area is rominently marked with signs and is located the greatest
distance practicable from all areas of high pedestrian traffic, anv parking lots. and any area
where smoking is prohibited b -- o~provisions of this Code. state law, or federal law. Ili no
case shall a designated smoking area be laced less than 25 feet from such areas
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.
Attachment 1
~~~
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.
5.56.070 Reasonable smoking distance required.
A. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, from any entrance, exit, operable window, vent, or other opening into an 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.
B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, 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.
eea.
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.
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 day of , 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
4
Attachment 1
~~ T
ATTEST:
Caroline Soto, City Clerk
Attachment 1
6~ ~
ORDINANCE NO.
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, the City Council of the City of Dublin wishes to preserve and improve the
health of it residents by reducing the possibility of exposure to secondhand smoke and its
contaminates by increasing the buffer zone around areas in which smoking is prohibited.
NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows:
Section 1. Sections 5.56.040, 5.56.050 and 5.56.070 of the Dublin Municipal Code are
amended as follows, with additions indicated by underline and deletions by strikethrough:
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 child care, adult care, and other health care 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.
"City sponsored event" means an event which the City of Dublin plans, administers,
coordinates, and finances, and which is held upon property owned by the City of Dublin.
"Community Park" means Dougherty Hills Dog Park, Dublin Heritage Center, Dublin Historic
Park, Dublin Sports Grounds, Dublin Swim Center, Emerald Glen Park, Fallon Sports Park,
Shannon Park, and any new park constructed after the effective date of this Ordinance that is
greater than eight (8) acres in size.
"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.
Attachment 2
7~~
"Enclosed" means closed in by roof and four walls with appropriate openings for ingress and
egress.
"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.
"Park recreation area" means any and all children's play areas, playgrounds, swimming areas,
sports fields, sports courts, skate parks, and picnic areas.
"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 otherwise provided in this Chapter, this distance shall be a minimum of twenty (20)
feet unless the application of the twenty (20) foot minimum would place the smoker in a
potentially unsafe location, in which case a "reasonable distance" shall be a location closer than
twenty feet which does not place the smoker in a potentially unsafe location.
"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.
"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 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
2
Attachment 2
~~~q
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. Any City park except for a community parkz
3. Any park recreation area within any City park or community parks and within one-
hundred (100) feet of a park recreation area in a community park, except while actively passing
on the way to another destination and without entering or crossing any area in which smoking is
prohibited;
4. 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;
5. Any City sponsored event, except in any area designated by the City as a smoking area.
City sponsored events may have one but no more than three designated smoking areas of an
appropriate size, provided the area is prominently marked with signs and is located the greatest
distance practicable from all areas of high pedestrian traffic, any parking lots, and any area
where smoking is prohibited by other provisions of this Code, .state law, or federal law. In no
case shall a designated smoking area be placed less than 25 feet from such areas.
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.
5.56.070 Reasonable smoking distance required.
A. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, from any entrance, exit, operable window, vent, or other opening into an enclosed area
Attachment 2
~~ ~
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.
B. Smoking shall be prohibited within a reasonable distance, as that term is defined in Section
5.56.040, 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.
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.
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 day of , 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Janet Lockhart, Mayor
ATTEST:
Caroline Soto, City Clerk
4
Attachment 2