HomeMy WebLinkAbout6.3 OrdSmokingPollutionCntrl
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 10, ~ t 'tq f
SUBJECT: Public Hearing: Second Reading of Amendments to Smoking Pollution
Control Ordinance.
0s3 (Prepared by: Bo Barker, Management Assistant)
EXHIBITS A IT ACHED:/'f) Dublin Municipal Code Chapter 5.56 - Smoking Pollution Control
including detailed revisions.
1)P
1) Open Public Hearing
2) Accept Public Testimony
3) Close Public Hearing
4) Deliberate
5) Waive Reading and Adopt Ordinance
RECOMMENDATION:
FINANCIAL STATEMENT: None
DESCRIPTION: At the regular City Council meeting on December 10, the City Council introduced
amendments to Chapter 5.56 of the Dublin Municipal Code relating to Smoking Pollution Control.
The Smoking pollution control ordinance modifications stem from efforts of the Tri-Valley Council, with
representatives from Danville, San Ramon, Livermore, Pleasanton, and Dublin, to create a uniform
smoking ordinance based on a model sponsored by the American Lung Association.
As directed at the December 10, 1993 City Council meeting, the amendments would change the
Ordinance as follows:
1) Prohibit smoking in all workplaces while providing the opportunity for employers to
designate smoking areas which are separately ventilated rooms.
2) Prohibit smoking in all restaurant dining areas, waiting areas, restrooms, offices, break
rooms and food preparation areas.
3) Ban the distribution of tobacco samples and prohibit cigarette vending machines.
4) Prohibits smoking in restaurant bars which do not meet the requirements for a separately
ventilated room effective January 10, 1995.
5) Allows smoking in "free-standing bars."
Exhibit 1 presents the entire ordinance detailing changes with new language shown in italics as well as
denoting language to be stricken. Unless specifically stated otherwise, these revisions will become
effective February 10, 1994.
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 the public hearing, waive the reading and adopt the
revisions to the ordinance.
COPIES TO:
CITY CLERK
FILE ~
ITEM NO.
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AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING TITLE 5 CHAPTER 56 OF THE DUBLIN MUNICIPAL CODE
RELATING TO SMOKING POLLUTION CONTROL
Section 1
The City Council of the City of Dublin, does ordain as follows:
Chapter 56 of Title 5 of the Dublin Municipal Code is amended to read as follows:
5.56.010 Title
This chapter shall be known as "the smoking pollution control ordinance." (Ord. 13-86 Sect 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 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
3. Health hazards induced by breathing secondhand smoke include lung cancer,
respiratory infection, decreased exercise tolerance, decreased respiratory function,
bronchoconstriction, and bronchospasm; and
4. Nonsmokers with allergies, respiratory 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 employment.
6. Smoking is a documented cause of fires, and cigarette and cigar burns and ash stains
on merchandise and fixtures cause economic losses to businesses.
B. Accordingly, the City Council finds and declares that the purposed of this chapter 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 non-smokers to breathe smoke-
free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall
have priority. (Ord. 13-86 Sect 1001)
5.56.030
Applicability.
All enclosed facilities owned by the City shall be subject to the provisions of this chapter.
(Ord. 13-86 Sect 1003)
Exhibit 1
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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 within, part of or associated with a restaurant which is devoted to the
serving of alcoholic beverages and in which the service of food is only incidental to the
consumption of such beverages.
"Business" means any sole proprietorship, partnership, joint venture, corporation or other
business entity formed for profit making purposes, including 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 enclosed area containing a counter or tables upon which meals
are served.
"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 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.
"Free-Standing Bar" means an area which is devoted to the serving of alcoholic beverages and in
which the service of food is only incidental to the consumption of such beverages and which is not a "bar,"
provided that, if there are any other uses in the building, the area has a self contained ventilation system
separate and apart from any ventilation system for any portion of the building which is not devoted to the
serving of alcoholic beverages.
"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 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: .
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 transportation facilities, reception areas, restaurants, retail food production and marketing
establishments; retail stores, theaters; and waiting rooms.
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"Restaurant" means any coffee shop, cafeteria, tavern, sandwich stand, soda fountain,
private or public school cafeteria, and any other eating establishing, organization, club, boarding-
house, or guest house, 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 the subsection defining "bar" in this section.
"Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products
and accessories.
"Separately Ventilated Room" means
1. An area which has a separate heating, ventilation and air-conditioning system (HV AC) designed
such that none of the air from the room will be recirculated into other areas of the building.
2. The room shall be completely separated from the remainder of the building by solid partitions or
glazing without openings other than doors, and all doors leading to the room shall be self closing.
The doors shall be provided with a gasket so installed as to provide a seal where the door meets the
stop on both sides and across the top.
3. A Separately Ventilated Room should be located in an area which does not require non-smokers
to enter the room for purposes of ingress, egress to and from a building or for the purposes of
conducting normal business operations.
"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
cigarette of any kind, or any other combustible substance.
"Sports arena" means sports pavilions, gymnasiums, health spas, boxing areas, swimming
pools, roller and ice rinks, bowling alleys centers 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 Sect 1002)
"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 a tobacco products and/or tobacco accessories.
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, taxicabs and other means of public transit under the authority of the City, and
in ticket, boarding, and waiting areas of public transit deports; 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 establishment of a maximum of fifty percent (50%) of a given
waiting area as smoking area;
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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 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, which may be otherwise regulated
by this chapter.
6. All areas available to and customarily 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, including but not limited to indoor and outdoor dining areas, waiting areas,
restrooms, offices, break rooms, and food preparation areas. provided, however that this prohibition
does not prevent (a) the de:3ignation of a cofltiguou:3 area within a rC:3taurant that contains a
maximum of fifty percent (50%) of the "eating capacity of the restaurant as a smoking area, or (b)
providing scparate rooms de"ignated as sfnoking r50fnS, so long as said rooms do not contain
more than fifty percent (50%) of the seating capacity of the restauranti
8. Bars, which do not meet the requirements for separately ventilated rooms, effective January 10,
1995;
89. Public areas of aquariums, libraries, and museums when open to the public. provided,
however, that this prohibition does not prevent the designation of a contiguous area containing a
maxilr,um of fifty percent (50%) of a lobby a3 a smoking areai
9 10. 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, ho'.~'n'er, that this prohibition does not prevent the
designation of a contiguous area containing a lT18ximum of fifty percent (50%) of a lobby as a
smoking areai
-lB 11. Sports arenas and convention halls. designated sfr,oking areas;
H 12. 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;
~ 13. 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 roorn are smoker3 and requC3t in 'writing upon
the health care facility'" admi3sion rorms to be placed in a room where sn",oking is permittedi
B 14. Polling places.
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. (Ord. 13-86 Sect 1004)
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5.56.060
Regulation of smoking in places of employment.
A. It shall be the responsibility of employers to a provide smoke-free places of
employment ftrefl8 for all nonsJ'noking employees. -y'dtflin existmg facilities to the maximum
extent possible, but employers are f\.ot required to incur af\.Y CXpef\.SE to make structural or other
physical modifications in providmg theSE areas.
B. Notwithstanding subdivision A, any employer may at its option, provide a separately
ventilated room in which employees may smoke. The use of any such separately ventilated room, including
times of use, shall be as designated by the employer.
B. ~~;t:~ sixty (60) days of the effective date of the ordinance ~~!~:~ if; ~:i ::~:er,
=: <~~c~:;d';.,~~~ !:,loc<ol <mploy~nt located "it~_~,eit!_~::l ~';;!~' i=~";;;~t,
~ e tam a \yntten SffiOki:ng poliC}, ..Inch shall contatf\ at a fMntn,tlft, the
following requirements:
1. ~~~11~~ in a place of cmploymef\.t shall hewe the~~~ t~ ~e~g~~~~ :::: ~:r
work area a " i ,g area and to post the same with an apprepriate sigf\. or sign.s, to be
provided by the employer;
~. Prohibition of smoking in auditoriu:tI\:3, classrooms, conference and meeting r5oms,
elevators, hall-Nays, medical facilities, and rcstrooms;
3; ~~:~~:d mninlen.ne< 01 s<p.r.le and <ontiguo'," nonsmoking are~ ~:~:l,,":,
:;;::~::;;';;';~~' ,::;;~e:~i~g eap.city .nd floor sl'"ee in cal~~~a: ~:'Z:o~~ ~::::~~dC<
_ v 1 n , -amtenance of separate and eq-uals1zed cafeterias, hu-,ehr(,)(,)fl:-,g 8:f\d
employee lounges for smokers and nonsmokers.
4. In any dispute arismg under this smoking polky, the health concerns of the
nonsmoker shall be given precedence.
C. The smoking policy shall be cOfi1n:mnicated to all employees \\'ithin three weeks of its
adoption.
D. All employers 3hall3upply a writtef\. copy of the sm5king policy to any prospective
employee.
. ~. .~~;:i~~;~~~~g any olher provisions 01 this section, <very <mp:~r".ha~ ~:.,~~~
fight to e31 1 , of eUlployment, or al'\Y porhol'\ thereof, as a nonsmoking urea. ~8rd.
13 86 Sect 1005)
5.56.070
Areas not regulated.
A. Notwithstanding any other provisions of this chapter to the contrary, the following
areas shall not be subject to the smoking restrictions of this chapter:
1. Bars, as defined in this article, provided the bar meets the requirements for a separately
ventilated room.
2. Free-Standing Bars.
~ 3. Private residences, except when used as a child care or a health care
facility;
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34. Hotel and motel rooms rented to guests;
4. Restaurant, hotel and motel conference or meeting rooms, and public: and private
assembly rt5t5ms whi:le these places are bd::ng used f-or private functions;
5. A private enclt5sed place 5ccupied exclusively by smokers, Cv"Cn th5ugh such a place
may be "v"isited 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. (Ord 13-86 Sect 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 Smoking" symbol (consisting of a pictorial
representation 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
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 each feature motion picture.
C. Every restaurant shall have posted at every entrance a sign clearly stating tl-,at a
n5mffioking section is available and the size of that section. Every patron shall be asked as t5 hh
or her preference by the h03t t5r hoste3s (if {me is on duty). A person taking fCservations for a
restaurant shalllikCv\-"he a3k if there i3 a fiOf\. smoking or smok:i::ng preference. COrd. 13 86 Scct
-lOO71
5.56.090
Retaliation prohibited.
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 chapter. (Ord. 13-86 Sect 1010)
5.56.100
Public education by city.
A. The City Manager shall engage in a continuing program to explain and clarify the
purposes of this article to citizens affected by it, and to guide owners, operators 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 governmental and health
agencies equipped with the needed expertise to conduct such campaigns. (Ord 13-86 Sect 1011)
5.56.110
Public education - Cooperation with other agencies.
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 chapter. The C,ity Manager shall urge federal, state, county and special
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school district agencies to enforce their existing smoking control regulations and to comply
voluntarily with this chapter. (Ord 13-86 Sect 1012)
5.56.115
Tobacco Vending Machines Prohibited and Tobacco Samples Prohibited
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 or shopping center, park, playground, and
any other property owned by the city, any school district, or any park district, except in retail
tobacco stores.
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 Sect 1013)
5.56.130
Enforcement - Administrative officer designated.
A. Enforcement shall be implemented by the City Manager.
B. Any citizen who desires to register a complaint thereunder may initiate enforcement
with the City Manager, or his designees.
C. Any owner, manager, operator or employer of any establishment controlled by this
chapter shall have the right to inform persons violating this chapter of the appropriate provisions
thereof.
D. Notwithstanding any other provisions of this chapter, a private citizen may bring
legal action to enforce this chapter. (Ord. 13-86 Sect 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
pro,;,isions. ~~~ ~V~fi~, U1anagc:r or operator of a rt:3taura~t shaH not be de~m.c~!~ ~~~~~t!o~ of
Sec;hon 5.56. - If --e host or hostc.'3S of the n:staurant faIb to ask the sEatmg pref:~e~c=-~!
patOflS, but shall be deemEd in violation thereof if the restaurant ha3 no statEd policy r€qUlring
that patrofis be asked their prderence.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this
chapter.
C. Any person who violates any provision of this chapter shall be guilty of any
infraction, punishable by:
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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 violation of this
chapter within one (1) year. (Ord. 13-86 Sect 1009)
5.56.150 Appeal Process
Administrative decisions made by the City Manager relating to this Article may be appealed to
the City Council in accordance with Section 1.04.050 of the Dublin Municipal Code.
Section 2 - Effective Date and Posting of Ordinance
This ordinance shall take effect and be in force 30 days after its 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 36933 of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED this 10th day of January, 1994
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
A TrEST:
City Clerk
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