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HomeMy WebLinkAbout6.1 Amend Smkng Pollution Cntrol Ord . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 13, 1993 SUBJECT: Public Hearing: Second Reading of Amendments to the Smoking Pollution Control Ordinance. ~ (Prepared by: Bo Barker, Management Assistant) EXHIBITS ATTACHED: ,;() Amendments to Dublin Municipal Code Chapter 5.56 - Smoking ~ollution Control /2) Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control RECOMMENDATION: 1) Open Public Hearing ....., r.../ 2) Accept Public Testimony (,WD 3) Close Public Hearing 4) Deliberate and either: a) Waive the reading and adopt amendments; or b) Reintroduce other amendments to the Ordinance FINANCIAL STATEMENT: The proposed amendments would cost the City about $650 for 26 acrylic signs with 3" letters. DESCRIPTION: At the regular City Council meeting on November 22, 1993, the City Council directed staff to make amendments to Chapter 5, Title 56 of the Dublin Municipal Code relating to Smoking Pollution Control. The smoking pollution control proposed modifications stem from a movement of the Tri-Valley Council, with representatives from Danville, San Ramon, Pleasanton, Livermore and Dublin, to create a Valley wide smoking ordinance based on a Model Ordinance sponsored by the American Lung Association. As directed at the November 22, 1993 meeting, the amendments would change the Ordinance as follows: 1) Starting in one year from the effective date of these amendment, all restaurant dining areas would be prohibited from having smoking sections. 2) Require businesses to post signs which have letters at least three inches in height. 3) Ban the distribution of tobacco samples. 4) Prohibit cigarette vending machines. Impacts of the Amendments No Smoking in Restaurants starting on January 12,1995 (if Ordinance is adopted on December 13) The effective date of the smoking ban in restaurant dining areas is January 12, 1995 since these amendments would be effective 30 days after adoption. Parts of restaurants, such as bars, would remain unregulated. Therefore, Staff would likely continue to receive complaints in restaurants as secondhand smoke will still be able to reach nonsmoking dining areas. Three inch (3 ") Signs Section 5.56.080 of the current ordinance requires owners, operators, managers, or persons having control of a building to conspicuously post signs I" in height or the international symbol. The proposed amendment would require owners, operators, managers, or persons having control of a COPIES TO: CITY CLERK FILE ~ ITEM NO. 6.1 . . building, including the City, to enlarge the sign and change from the international symbol to signs with written words. The approximate size of a sign with 3" letters would be 2' x 4', while a sign with 2" letters would be about 2' x 3 and a sign with I" letters would l' xl'. Examples of the signs, including the international symbol, will be displayed at the City Council meeting. An acrylic sign, with '.3" letters would cost approximately $25 to $30 each according to an estimate obtained from Past Signs in Dublin. The City would incur a cost of approximately $650 for 26 signs in order to comply with this amendment. Businesses could expect similar per sign expenditures in order to come into compliance with this amendment. Ban on V ending Machines and prohibition of Tobacco Samples There are no significant impacts related to the ban on vending machines and prohibiting tobacco samples. The American Lung Association Business Assistance Program The American Lung Association has indicated they have a business assistance program designed to assist any business with the implementation of a smoke free environment. Staff will provide contacts at the American Lung Association to interested businesses who are impacted by the ordinance. Staff recommends the City Council conduct a Public Hearing and adopt amendments or reintroduce new amendments to the Smoking Pollution Control Ordinance. . . Ordinance No. - 93 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING TITLE 5, CHAPTER 56 OF THE DUBLIN MUNICIPAL CODE RELATING TO SMOKING POLLUTION CONTROL. The City Council of the City of Dublin, does ordain as follows: Section 1 - Definitions Section 5.56.040 of the Dublin Municipal Code (DMC> is amended to include the following: "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 feleases a tobacco product and/ or tobacco accessories. Section 2 - Prohibition of Smoking in public places. Effective January 13, 1995 subsection 7 of subdivision A of Section 5.56.050 of the DMC shall be repealed in its entirety and replaced with the following. 7. Restaurants, excluding outdoor dining areas, and the bar portion of the restaurant. Section 3 -Tobacco Vending Machines Prohibited and Tobacco Samples Prohibited 5.56.115- shall be added to the DMC to read as follows: A. No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or other appliance, or any other device designed or used for vending purposes. B. No person shall knowingly distribute or furnish without charge, or cause to be furnished without charge to the general public, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, at any event open to the public, or in any public place including but not limited to, any right-of-way, mall Of shopping center, park, playground, and any other property owned by the city, any school district, or any park district, except in retail tobacco stores. Section 4 - Posting of Signs Section 5.56.080 (A> of the DMC shall be repealed in its entirety and replaced with the following. A. "Smoking Allowed" or "No Smoking Allowed" signs, whichever are appropriate with letters of not less than three (3") in height, shall be clearly, sufficiently and conspicuously posted at every entrance to and 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. Section 5 - Effective Date and Posting of Ordinance This ordinance shall take effect and be in force 30 days after its adoption or on January 12, 1994, whichever is later. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at Exhibit 1 . . 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 13th day of December, 1993 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5.56.010 . . It C1TY OF OuaUN P.O. Box 2340 Cublln. CA 94568 Chapter 5.56 SMOKING POLLUTION CONTROL Sections: 5.56.010 5.56.020 5.56.030 5.56.040 5.56.050 5.56.060 5.56.070 5.56.080 5.56.090 5.56.100 5.56.110 .5.56.120 5.56.130 5.56.140 Title. Findings and purpose. Applicability. Definitions. Prohibition of smoking in public places. Regulation of smoking in places of employment. Areas not regulated. Posting of signs. Retaliation prohibited. Public education by city. Public education- Cooperation with other agencies. Interpretation. Enforcement- Administrative officer designated. Violation-Penalty. 5.56.010 Title. This chapter shall be known as "the smoking pollution control ordinance." (Ord. 13-86 ~ 1000) 5.56.020 Findings and purpose. A. The City Council finds that: 1. Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and 2. Reliable studies have shown that breathing secondhand smoke is a signifi- cant health hazard for certain population groups, including. elderly people, indi- viduals with cardiovascular disease,. and / . l .. individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and 3. Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstric- tion, and bronchospasm; and " 4. Nonsmokers with allergies, respira- tory diseases and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; and 5. Numerous studies have shown that a majority of both nonsmokers and smokers desire to have restrictions on smoking in public places and places of employ~ent; 6. Smoking is a documented cause of fires, and cigarette and cigar bums and ash stains on merchandise and fixtures cause economic losses to businesses. B. Accordingly, the City Council finds "and declares that the purposes of this chapter are (I) to protect the public health and welfare by prohibiting smok- ing in public places except in designated smoking areas, and by regulating smok. ing in places of employment; and (2) to strike a reasonable balance between the needs of smokers and the need of non. smokers to breathe smoke-free air, and to recognize that, where these needs con- flict, the need to breathe smoke-free air shall have priority. (Ord. 13-869 1001) 5.56.030 Applicability. All enclosed facilities owned by the city shall be subject to the provisions of this chapter. (Ord. l3~86 g 1003) 188 EXHIBIT d . 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 which is devoted to the serving of alcoholic beverages and in which the service of food is only inci- dental to the consumption of such bev- erages. "Business" means any sole pro- prietorship, partnership, joint venture, corporation or other business entity formed for profitmaking purposes, including retail establishments where goods or services are sold as well as pro- fessional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional serv- ices are delivered. "Dining area" means any enclosed area containing a counter or tables upon which meals are served. "Employee" means any person who is employed by any employer in considera- tion 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, part- nership, corporation, or nonprofit entity, including a municipal corporation, who employs the services of one or more per- sons. "Enclosed" means closed in by roof and four walls with appropriate openings for ingress and egress. "Nonprofit entity" means any corpo- ration, unincorporated association, or other entity created for charitable, educa- tional political, social, or other similar purposes, the net proceeds from the oper- ations of which are committed to the pro- motion of the objects or purposes of the . 5.56.040 organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this sec- tion. "Place of employment" means any enclosed area under the control of a pub- lic 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: 1. A private residence is not a place of employment, unless it is used as a child care or a health care facility; 2. The dining area of a restaurant is not a "place of employment." "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 trans- portation facilities, reception areas, res- taurants, retail food production and marketing establishments, retail service establishments; retail stores, theaters, and waiting rooms. "Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain, private or public school caf- eteria, and any other eating establish- ment, organization, club, boarding- house, or guesthouse, which gives or offers food for sale to the public, guests, patrons, or employees, ex.cept that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in the subsection defining "bar" in this sec- tion. 189 . 5.56.040 "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories. "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. "Smoking" means inhaling, exhaling, burning, or carrying any lighted pipe, cigar, or ciga.rette of any kind, or any other combustible substance. "Sports arena" means sports pavil~ ions, 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. (Ord. 13-86 S 1002) 5.56.050 Prohibition of smoking in public places. A. Smoking shall be prohibited in all enclosed public'places within the City of Dublin including, but not limited to, the following places: 1. Elevators and restrooms; 2. Buses, tax.icabs and other means of public transit under the authority of the city, and in ticket, boarding, and waiting areas of public transit depots; provided, however, that this prohibition does not prevent (a) the establishment of separate waiting areas for smokers and non- smokers, of equal size or (b) the establish- ment of a maximum of fifty percent (50%) ofa given waiting area as smoking area; 3. Service lines; . 4. Retail stores, except areas in said stores not open to the public and all areas within retail tobacco stores; 5. Retail food marketing establish- ments, including grocery stores and supennarkets, 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, which may be otherwise regu- lated by this chapter; 6. All areas available to and custom- arily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, business offices, banks, hotels and motels; 7. Restaurants; provided, however that this prohibition does not prevent (a) the designation of a contiguous area within a restaurant that contains a max- imum of fifty percent (50%) of the seating capacity of the restaurant as a smoking area, or (b) providing separate rooms des- ignated as smoking rooms, so long as said rooms do not contain more than fifty percent (50%) of the seating capacity of the restaurant; 8. Public areas of aquariums, librar- ies, and museums when open to the pub- lic; provided, however, that this prohibition does not prevent the designa- tion of a contiguous area containing a maximum of fifty percent (50%) of a lobby as a smoking area; 9. Any building not open to the sky which is used primarily for exhibiting any motion picture, stage drama, lecture, musical recital or other similar perform- ance, except when smoking is part of any such production; provided however, that 190 . this prohibition does not prevent the des- ignation of a contiguous area containing a ma.;dmum of fifty percent (50%) of a lobby as a smoking area; 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 juris- diction of the city; 12. Waiting rooms, hallways, wards, and semi-private rooms of health facili- ties, including, but not limited to, hospi- tals, 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 provi- sion of this section, any owner, operator, manager or other person who controls any establishment described in this sec- tion may declare that entire establish- ment as a nonsmoking establishment. (Ord. 13-86 S 1004) 5.56.060 Regulation of smoking in places of employment. A. It shall be the responsibility of employers to provide smoke-free areas . 5.56.050 for nonsmoking employees within exist- ing 'facilities to the maximum extent pos- sible, but employers are not required to incur any expense to make structural or other physical modifications in provid- ing these areas. B. Within sixty (60) days of the effec- tive date of the ordinance codified in this chapter, 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 employ- ment 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; 2. Prohibition of smoking in auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, and restrooms; 3. Provision and maintenance of sep- arate and contiguous nonsmoking areas of not less than fifty percent of the seating capacity and floor space in cafeterias, lunchrooms 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 nonsmoker shall be given prece- dence. C. The smoking policy shall be com- municated to all employees within three weeks of its adoption. 191 - . 5.56.060 D. All employers shall supply a writ- ten copy of the smoking policy to any prospective employee. E. Notwithstanding any other provi- sions of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area. (Ord. 13M86 ~ 1005) 5.56.070 Areas not regulated. A. Notwithstanding any other provi- sions of this chapter to the contrarY the . , following areas shall not be subject to the smoking restrictions of this chapter: 1. Bars; 2. Private residences, except when used as a child care or a health care facil- ity; 3. Hotel and motel rOoms rented to guests; 4. Restaurant, hotel and motel con- ference or meeting rooms, and public and private assembly rooms while these places are being used for private func- tions; 5. A private enclosed place occupied exclusively by smokers, even though such a place may be visited by non- smokers. B. Notwithstanding any other proviM sion of this section, any owner, operator, manager, or other person who controls any establishment described in this sec- tion may declare that entire establishM ment as a nonsmoking establishment. (Ord. 13-86 ~ 1006) 5.56.080 Posting of signs. A. "Smoking" or "No Smoking:" signs, whichever are appropriate, with letters of not less than one inch (1") in . height, or the international "No Smok- ing" symbol (consisting ofa pictorial rep- resentation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is con- trolled by this article, by the owner, oper- ato~, 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 prohib- ited within the theater or auditorium, and in the case of motion picture the- aters, such infonnation shall be shown upon the screen for at least five seconds prior to the sho~ing of each 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 ofthat 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 restauM rant shall likewise ask if there is a nonM smoking or smoking preference. (Ord. 13M86 ~ 1007) 5.56.090 Retaliation prohibited. No person or employer shall disM charge, refuse to hire, or in any manner, retaliate against any employee or appli- cant for employment because such employee or applicant exercises any rights afforded by this chapter. (Ord. 13-86 ~ 1010) 5.56.100 Public education by ciry. A. The City Manager shall engage in a continuing program to explain and clar- ify the purposes of this article to citizens 192 , . affected by it, and to guide owners, oper- ators and managers in their compliance with it. B. The City Manager shall leave the responsibility of conducting a public education campaign regarding the health consequences of smoking to other gov- ernmental and health agencies equipped with the needed expertise to conduct such campaigns. (Ord. 13-86 9 lOll) 5.56.110 Public education- Cooperation with other agencies. The City Manager shall annually request other governmental and educa- tional agencies having facilities wi~hin the city to establish local operating pro- cedures in cooperation and compliance with this chapter. 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 chapter. (Ord. 13-86 9 10 12) 5.56.120 Interpretation. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 13-86 9 1013) 5.56.130 Enforcement- Administrative officer designated. A. Enforcement shall be imple- mented by the City Manager. . 5.56.100 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 con- trolled by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. D. Notwithstanding any other provi- sions of this chapter, a private citizen may bring legal action to enforce this . chapter. (Ord. 13-869 1008) 5.56.140 Violation-Penalty. A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions. The owner, manager or operator of a restau- rant shall not be deemed in violation of Section 5.56.080 C if the host or hostess of the restaurant fails to ask the seating preference of patrons, but shall be deemed in violation thereofifthe restau- rant has no stated policy requiring that patrons be asked their preference. B. It is unlawful for any person to smoke in any area restricted by the provi- sions of this chapter. C. Any person who violates any provision of this chapter shall be guilty of an infraction, punishable by: 1. A fine not exceeding one hundred dollars ($100),. for first violation; 2. A fine not exceeding two hundred dollars ($200), for a second violation of this chapter within one (1) year; 3. A fine not exceeding five hundred dollars ($500), for each additional vio- lation of this chapter within one (1) year. (Ord. 13-86 9 1009) 193