HomeMy WebLinkAboutStaff Report 4.C 12/3/2012 • A Ite sn #4.0
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DATE: December 3,2012
TO: Honorable Mayorjand'Members,of the City'Council through City Manager
FROM: Patrick Williams, Chief of Police /
SUBJECT: Introduction.(First.Reading) of an Ordinance Repealing Petaluma Municipal Code
Chapter 8.20, "Regulation of Smoking in,Certain.Public Places", and Adding
Chapter 8.20, "Regulation of Smoking and Tobacco Sales", to the City of
Petaluma Municipal Code
RECOMMENDATION.
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It is recommended that the City Council introduce an Ordinance Repealing:Petaluma Municipal
Code Chapter'8:20, "Regulation of Smoking in Certain Public Places"., and Adding Chapter 8.20,
"Regulation of Smoking and d.Tobacco Sales": to the City of Petaluma Municipal Code.
BACKGROUND
The City Councihs goals and priorities for the years 2012 and 2013_include a priority to revise
thessmoking.ordinance_to limitsinoking in multifamily residences and outside:areas.
In-June,,the Police Department started-to meet and work with the,American Lung Association
(ALA); the Northern California Center for Well-Being,'and.thePetaluma,.Coalition. These
advocates,have been conducting assessments and working on policy changes for healthy
communities in.Sonoma and Counties. For example, in 2011 the ALA conducted Raise
the.Grade community surveys relative,to tobacco control and assigned grades to each The City
of Petaluma:received'a;graderof"D" for Overall Tobacco Control. The Evaluation and
assessment focused on three main criteria—smoke free air, smoke free housing, and reduction of
sales of tobacco_products. Each of these categories hadsubcategories that evaluated public'
smoking, housing and retail in the community. The.ALA recommends that local officials take
steps to raise a community's;grade by passing,policies to restrict smoking in parks and other
outdoor areas, requireapartment units to be nonsmoking and prevent illegal sales of tobacco
productsato•youth. The-20r I State of Tobacco Control-Local Grades evaluation for Sonoma
County'is attached.
The Police Department:consulted with these advocacy groups and developed strategies to revise
the current ordinance order to::improve,the overall.healtli of the community through smoking
control. The focus-of the ordinance is.to improve community health by implementing'strategies
Agenda Revie
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City Attorney Finance Director City Managed
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that contribute''to smoke free air, a,reduction in,exposure to secondhand smoke, and retail
licensing practicesto,reduce access to tobacco products.
DISCUSSION
The Police Department, Petaluma Transit, City Attorney, and housing advocates all reviewed
and had input on the revised ordinance. Petaluma Transit was included due to complaints about
smoking in bus shelters. Users of Petaluma Transit expressed concerns to both City staff and the
Transit Advisory Committee relative to smoking at bus stops. The Transit Advisory Committee
recommends the prohibition of smoking at bus stops and.supports:the proposed ordinance.
It was determined that the local hotels will be in general.compliance'with this ordinance as many
hotels and motels are already smokefree establishments. The motels that do,accommodate
smokers have pre-established rooms'and they do not exceed-the 20% threshold for smoking
rooms, as is required with this revision: The ALA gives a guideline of 20% as surveys in
Sonoma County indicate this percentage is reflective of the number'of smokers in our.region.
Police Department staff met with each management group at all of the hotels and motels, and
found general compliance. The survey memorandum is attached.
The Police,Departrnenthas alsomet with and consulted with owners and managers of large
apartment complexes and found that sixteen of the major complexes either had no issues or they
are already nonsmoking. Staff also'consulted with housing advocates'fincluding Petaluma People
Services (PPSC), Petaluma Ecumenical Properties (PEP), Burbank Housing, and the Community
on the Shelterless (COTS). The City's Housing Authority was also consulted and it had no issues
or concerns with the proposed ordinance revisions. This survey is included in the attachment.
The Petaluma Coalition held a.Community Forum on November 26, 2012 at the Petaluma
Community Center to present the smoking ordinance and educate the publie:omthe benefits of
the revised ordinance. The Community Forum was attended by Major housing developers and
managers. Again, no issues were raised.
This proposed revision is more restrictive:and limiting with respect to the places of exemption as
compared to the current ordinance.,The revised ordinance will limit the•number of smoking
occupied hotel and motel rooms'to no more than 20% of available rooms, however as previously
mentioned, outreach indicates local hoteliers are already in compliance with this provision.
In addition to new restrictions placed on housing and hotel facilities,there are new restrictions
proposed for outside:areas, such:as no smoking.at bus stops,or taxi stands. These new
restrictionssalso include,other outdoor areas, such,as outdoor'dining areas, recreation areas, open
spaces, and pubhaevents that have designated smoking areas. This will reduce the exposure of
nonsmokers:in those areas to secondhand smoke.
In addition tot the,aforementioned changes, the revised ordinance will limit sales practices that
will require;business owners;to monitor cigarettes and set displays to prevent access to minors.
Aswell, the revisiomidentifies e-cigarettes (electronic cigarettes)as a defined;smoking
implement. The University of Kentucky published a study-that indicates e-cigarettes do emit
harmful carcinogens:and.they,ecomniend that-they be treated as traditional cigarettes.
It should be noted that the revised ordinance is being Modeled after a similar ordinance in San
Rafael and staff does not anticipateconcern from the public, landlords'or,hoteliers. In consulting
with law enforcement agencies in Sonoma and`Marin Counties, staff found the impact on city
services was minimal. The cities.of Novato, Rohnert Park,S'ebastopol, Larkspur and Fairfax all
have similar smoking ordinances. The,City of Sebastopol indicated the most impact with calls
for service in regard to smoking complaints'. The Sebastopol Police Department estimated they
have written approximately 23 citations in three years and most of those were for smoking in the
parks.
During the outreach with-the-hotels, motels and major apartment cornplexeslhere were no
concerns to be addressed.with`the implementation of the revised smoking ordinance. Issues or
concerns arising from apartment complexes or residences that have not been consulted will be
addressed through education. The Petaluma Coalition along with the Police Department has
material from the ALA that can identify solutions to help landlords-and hoteliers comply with the
ordinance. Current retailers comply with these standards as they are state law as outlined in 308
PC. The Police Department conducts periodic inspection checks,to ensure compliance and issues
citations or warnings as appropriate.
FINANCIAL IMPACTS'
No significant financial impact is anticipated asia result of implementing this ordinance; as staff
does not anticipate significant violations: Staff believestheimpact will be minimal as several
housing components and hoteliers in Petaluma already have no smoking provisions in place. In
consulting with agencies.in Sonoma and Mann Counties that have similar ordinances,the impact
on services was negligible. Most agencies indicated they de not'receive<complaints, and the few
that do, iesolve them through.education. The enforcement of the ordinance provisionsrcan be
handled through regular dutiesat the;discretion of police officers or the Neighborhood
Preservation Coordinator, however hoteliers and apartment managers are considered to be the
first line enforcement.
ATTACHMENTS
1. Draft Ordinance
2. T-Iotel/Motel/Major;Apartment:Complex Survey
3. 2011 American Lung Association Grades
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■ ac`c■mt�t \
ORDINANCE NO.
AN ORDINANCE-OF'THE CITY"COUNCIL OETHE CITY OF PETALUMA
REPEALING CHAPTER<8t20, "REGULATION OF SMOKING IN CERTAIN PUBLIC
PLACES," AND ADDING CHAPTER 8:20, "REGULATIONOF'SMOKING,AND
TOBACCO SALES,"TO'THE CITY OF PETALUMA.MUNICIPAL CODE
' BE IT ORDAINED BY THE.COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Chapter 8.20 ofthe.Petaluma Municipal.Code; "Regulation,of Smoking in Certain
Public Places,"pis hereby repealed, effective on the effective date of this ordinance, and replaced,
to read in full as follows:
CHAPTER 8.20
REGULATION OF SMOKING AND TOBACCO SALES
8:20.010 Title.
This chapter shall be entitled "Regulation of Smoking and Tobacco+Sales."
8120.020 Findings and purpose:
The council of the city of Petaluma herebyfinds that
, A. Numerous studies have founththattobacco smoke is a major contributor to indoor air pollution;•
and
B Reliable studies, including a June 27,2007"report by the,Surgeon General of the United States
entitled The Health Consequences;of Involuntary Exposure to Tobacco Smoke have,shown that
secondhand smoke is a significanf health hazard, particularly to'elderly people, individuals with
cardiovascular disease; individuals,with impaired respiratory function, including asthmatics and those with
obstructive airway disease and to children who suffer increased risk of sudden infant syndrome,
asthma attacks and respiratory'and ear infections when exposed to secondhand smoke; and
C'. Since 1992, the United..States•Environmental'Protection Agency("EPA") has classified
secondhand'smoke as a Class A'Carcinogen, and
D. Health hazards.induced by breathing secoridhand=sriioke include lung cancer, respiratory
infection; decreased exercise•tolerance, decreased respiratory"function,:bronchoconstrictidn'and .
bronchospasm,';and
E. Theiadverse"effects of;secondhand smoke on persons who suffer adverse health effects from
breathing secondhand smoke may;cause a loss of job(productivity, increased absences and use of sick
leave and;'increased costs of providing employee health services; and
F. Accordingiltb,a 2011 University of'California Los Angeles,study, smoke-free regulations in multi-
unit apartment buildirigs;could:save property owners substantial sums in the costof cleaning apartments
vacated'kiytenaritswho'smoke; and
G: According to th erEPA and the Surgeon General, there is no safe level of exposure to secondhand
smoke;.and
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H. Most cigarette filtersiare:tmade of cellulose acetate, do not biodegrade and'formraportion of trash
collected from;:city.streets and other'publieplaces; and
I. In order to'reduce addiction to tobacco products by children,andteens, and'control sales of
tobacco products to minors; it is:'in the public interest to prohibit self-service sales prohibit tobacco
vending machines inareas accessible to minors and require warning signs requiring proof of legal age to
Purchase'tobacco at point dfpurchase; and
The purpose of this chapter,is to protect the public health„safety:and welfare,regarding'the public
health hazards relating to secondhand smokeand access of minors to.tobacco`products and cigarettes.
It iswithinthe city's authority under its police power to implement and enforce,the provisions of this
chapter.
8':20.030 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this
section, unless it is apparentfrom the context that theyhave;a different;meaning:
A. "Administrative:authority" means the city manager or his/her designee authorized by this section
8.20.110 and/or other provision of this'chapter to enforce theprovisions of this chapter.
B. "Bar" means aseparatet.establishment, or a room in a restaurentphysically separated by full
walls from the rest of the restaurant, which is devoted to the Serving of alcoholic>beveragesfor
consumption by patrons on the'premises, in which no person,undertherage of eighteen years is allowed
to enter except to travel to rest-tom facilities or a non-bar portion:of,a"restaurantand which is separately
ventilated from any other area The bar area must net be the sole:waiting area nor the sole entrance to
the restaurant for dining patrons. The term "bar" excludes the restaurant'dining'area.
C.
"Business" rneaahs any sole: ro riettorshi joint venture, corporation orother business entity
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formed for profit-making purposes in-chiding retail establishments that sell goods or services_as well as
professional corporationsand other entities.that deliver legal; medical ,dental; engineering, architectural
or other professional services.
D'. "Child care facilities" means any family.day care home regulated by Sections 1597.30,through
1597.621 of the California Health and Safety Code and any day care center for children regulated-by
Section 1596.90 etseq. of the California Health andSafety Code'It does not include a'foster home or
residential child care facility.
E. "Cigarette" means,cigarettes as defined in Revenue and Tazation'Code section 30003, as it may
be subsequently amended:or superseded.
F. "City"means the City of Petaluma, County of Sonoma, State of California.
G. "City manager" means,the city manager of the City,of Petaluma.
H. "Common area'rfor purposes;of.this chapter means:
1. Every,indoor or outdoor,area:of a multi-family residence which resident(s)of resident(s)of more than
one;unit are entitled to enter;and/or':use, including but.not limited.to'halls; pathways, lobbies; courtyards,
elevators .stairs, community rooms, playgrounds, gym or health facilities, swimming;pools, parking,
garages, parking lots,,,outdoor-facilities,.shared balconies or porches; shared restrooms, shared laundry
room's, shared;cookirig.facilitiesand,shared eating.areas.
2. Every indoonoroutdoor area of a commercial condominium, business"incubator,
shopping center; orother commercial real property or business whict owners, employees and/or the
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public areentitled or'invited to-enterand/or use as shared space o"r facilities;iincluding but not limited to
halls; walkways, paths, lobbies; courtyards, elevators, stairs,,communityorconference rooms, outdoor
facilities,.gyms or health facilities, swimming pools, parking lots, parking garages and/or"shared
restrooms.
I.
"Designated smoking'area" means an area meeting the;requirements of section 8.20.090 of this
chapter,in which smoking is'permitted as'designated by an employer; landlord,or other person with legal
control of the premises.
J. "Dining area" means any area, including streets and,sidewalks; that is.available to or commonly
used by the general public or areemployee'and which is designated, established or-regularly used for the
consumption of food or drink.
K. "Duplex"for purposes of,this 'Chapter.mean§one structure on a single lot containing two dwelling
units with a shared wall, each'of which is:functionally separate from the other:
L: "E-cigarette" or electronicicigarettemeans a battery,operated device with a;cartridge filled with
nicotine, flavor and other chemicals'and/or pharmaceuticals.which emits'aerosol or vapor..
M. "Employee"for the purposes;of this chapter means any person Who is employed.by an employer
inconsideration for direct or indirect monetary wages or profit, any person who volunteersrhis or her
services for a nonprofit entity and any unpaid interns, volunteersior other persons performing services for
a business.
N;
"Employer;"for the purposes of this chapter; means any person, partnership or corporation,
including`a municipal corporation, ornbnprofitentitythat employs'the'sei•vices'of one or more individual
person end/or receives work'or servicesfrorim an "Employee," as defined'herein, whether,paid or unpaid.
0. "Enclosed area" or',enclosed" means surrounded by ceiling, floor, and solid walls which,
• except for doors, passageways, and/or windows, extend from floor to ceiling on all sides.
P. "Landlord" means any person who owns property let for residential use, any person who lets,
residential property and any person who manages such property, except that"Landlord" does not include
a tenant who sublets a unit so long as the tenant-sublessor sublets onlya;single unit of a multi-family
residence.
0'. "Multi-family residence" for purposes of this chapter means residential property containing three
(3) or more units with one dr more sharedwalls, floors orceilings; including but notlir-tiited torental
complexes, apartments, residential cooperatives, condominium:domplekes, senior citizen residences,
assisted living complexes and skilled nursing facilities, "Multi-family residence' does not include:
1. A hotel or meterthat meets the requirements in Civil Code;at least fifteen (15) feet-inside
of the entranceito°§1940(b)(2);
2. A mobile home park;,
3. Acampground
4. A rnarina,or=port;
5. A,single-family residence;
6. Asinglerfarnily,home with a detached in-law or second unit when permitted
pursuant to local ordinance and/or applicable state law.
R. New unit means a multi-family unit that is issued a certificate or occupancy or final inspection on
or after July16; 2013 and,als'o a unit that is leased or rented for the first time on or after July 16, 2013.
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S. "Nonprofit"entity" Means apy:corporation, unincorporated association:orotherentity created for
charitable;,philanthropic, educational ,character-building, political,:social or:other similar^purposes, the net
proceeds fromSthe.operations of which are committed to the promotion of the objectives or purposes'of
the entity and not to private•gain. A public agency is+not a nonprofit entity within the meaning of this
section.
T. "Open space" means-any Iotor area of land or water essentiahy'or'partially unimproved and set
aside, dedicated,designated,or reserved for public or'private.use or enjoyment or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such open'space.
U. "Person" means any individual, partnership cooperativeassociation, private corporation,
personal representative, receiver, trustee, assignee, or any other.legal entity.
V. "Place of employment".means any•enclosed area under the control of a public; nonprofit or
private employer which employeestnormally frequent during the course of,employment, including, but not
limited to, work areas, employee lounges and restrooms, coriferenceand classrooms, vehicles, taxis,
employee cafeterias or eating pledes,;and hallways:A privatesresidence;is not a place of employment for
purposes of this chapter;unless itis;(ieedas•a childcare or health•careifacility or unless it is used for a
permitted home occupation having one or more employees orwhich•is visited by members of the public
twice a month or more.
W. "Public event" means an event which is open to•:
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cigarettes. "Smoke"'does not`include:the-product ofcombustion„ofincense:orsimilar-products when used
solely for olfactory purposes and not containing tobacco or-nicotine.
DD. "Smoking means engaging in an act that generates:smoke, including,but not limited to lighting
or possession of a lighted pipe; cigar cigarette, or hookah water pipe, an operating,e-cigarette or a
lighted smoke inhalation device:of any kind that generates,smoke of any kind, from tobacco or any other
weed or plant.
EE. "Sports arena” means enclosed or unenclosed sport§;pavilions, gymnasiurns, health spas, boxing
arenas, swimming pools, roller and ice rinks, bowling alleys, poohhalls and`other similar places where
members of the general public assemble to engage in physical exercise, participate in athletic
competition, or witness sports events.
FF. "Tobacco products"'means tobacco products as defined in Revenue and Taxation Code section
30121(b), as it may be.subsequently arnended orsuperseded,:.including but not limited to all forms of
cigars, smoking tobacco, chewing-tobatdo, snuff, and any otherarticles or products made of or
containing at least 50 percent:tobacco,,but does not=.include cigarettes.
GG. "Tobacco promotional products,'means baseball caps; T-shirts,4gym bags, coffee mugs,
sunglasses,jackets and other items which have tobacco and/or cigarette.advertising logos, images,
characters, messages,and themes printed;on them.
HH. "Tobacco retailer" means any business, person or governmental entity that operates a store,
stand, booth, concession, or'other'place:atwhich sales of tobacco;products:and/Orbigarettes are made to
purchasers for consumption or;use.
II: "Tobacco Retail Store'! Means,a=tobacco store as defined in Business&:Professions Code
section 22962, as it may be subsequently=amended Or superseded.
JJ. "Unenclosed area" means any area that is not an enclosed area;.as defined,in this section.
KK. "Unit" for the purpose of this;,chaptermeans a personal:dwelling space including those lacking
cooking facilities or private plumbing facilities, and includes any associated•,exclusiveenclosed area of
unenclosed.area, such as, for exam,le; a p rivate balcon , deck ,or patio. "Unit' includes but is not .
limited to an apartment a condomini m ;atownhouse; a do porch, longterm health care:facility, assisted
living facility, or hospital; a hotel-or:motel room; a room'in.a single-,roorit occupancy,("SRO") facility; a
rdom.in a homeless shelter; a mobile-home; a camper vehicle or-tent; a single-family homed and an in-law
or second unit.
LL. "Vendor-assisted" means a store where only an employee has access to the tobacco product,
assists,the customer by supplying the product, and thecustomer doeS.hot take'possession of the product
until it is,purchased..
8:20.040 Prohibition'of=smoking in public places, placesof employment„and.certain other.areas
A. Enclosed'areas. Smokingris prohibited in the enclosed areas ofthe following`places withinithe
city except inplaces,listed in,subsection C'below,.antl except in suchdplaces.in which'smoking i5,already
prohibited by state drfederarlaw, in Which case the state or federal law applies:,
1. Places of employment.
2. Public places, other than bars as defined:in this chapter;
3: Recreatiomareas:
4. Common areas.
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5. Duplexes and multi family:.residences, as provided'in section 8.20:060..
B. Unenclosed;.areas. Smoking:is prohibited in the unenclosed areas of the following places within
the city limits city:exceptrin such,places in which smoking i,s'already'prohibited by'state or federal
law, in which caserthe state!or federallaw applies:
1. Public places, including public plazas.
2. Within 20 feet ofa'working'road or building and construction crew.
3 Recreation areas.
4. Open space.
5. Service areas..
6. Dining areas.
7. Commonr,ateas, provided that a person with'legal control over a common area may
designate aportion of the unenclosed area of the common area as a designated smoking area if the area
meets all of the criteria set outin section 8.20.090.
8. Public events, provided thatthe,event sponsor may designate a portion•of the
uhenclosed area of the public:place being use for the event as a designated smoking;area if the
designated smoking area is at;least 20 feet-from any portion of the public place established for the
Preparation, service or consumption;of food or drink; and at least'100 feet from any portion of the public
place play children or a place to gather to'witness a concert or similar exhibition;
lace established as a la area for,ctjijdr
and provided further that smoking is permitted on streets an sidewalks,being used in"a'traditional
capacity as pedestrian or vehicular.thoroughfares, unless otherwise prohibited by this chapter or other
law.
C. Unless otherwise prohibited,by law, smoking is not prohibited`in the`following enclosed areas:
1. Up to..twenty perbent (20%) of guestroom accortunedations.in a hotel, motel, or similar
transient.lodging establishment ifthe hotel or rriotel;permanently'designates particular guestrooms as
nonsmoking rooms such that eighty percent--(80%) or more of guestrooms are permanently nonsmoking
and ashtrays and matches are,permanently removed from such nonsmoking rooms. Permanent No
Smoking" signage shall be posted in nonsmoking guestrooms.
2. At theatricalproductionsites, as part of the production and,not by members of the
audience.
3. Inside a tobacco retail store if:
a. The,tobaccoretail store:does not sell edible products, including, for example,
food, water, or drinks, or'allow'suchproducts to beconsumed.on the business premises;
b. T,he.tobacdo retail store prohibits minors from entering,theetore at all times; and
c. The,premisesofthe tobacco retail store are an independent:freestanding building
unattached to any`other structure oruse.
4: Inside a detached, single-family home unless the homeiis used asa family day care
home a childcare or healthcare facility licensed by the State of California(and/or:fora`home occupation
which has employees andiorisvisited twice a monthror more by members:of the public;
5. Inside private:vehicles.
D. Notwithtanding any other provisions of this section, nothing in this chapter prohibits any person,
landlord, employer, ornon,profit entity with legal control overlany property or. facilityfrom declaring the
even property g r.notlothenv se nonsmoking and
prohibiting n smoking.onf any partoisuch property or facility,
8.20.050 Smoking restrictions in new and existing units in duplexes and multi`-family residences
A. All new units of a duplex or.multi family residence are'herebydesignated nonsmoking units,
including any associated_exclusive-use enclosed areas or unenclosed areas, such as for example, a
private balcony, porch, deck, or patio.
B. All units of a duplex or multi-family residence,that are.notnew units, including any associated
exclusive-use enclosed areas or unenclosed areas,such as for rexample, a,private balcony; porch, deck,
or patio, are hereby designated nonsmoking unitsas of December 16, 2013.
C. Smoking in a designated nonsmoking unit is a violation of this chapter.
8'.20.060 Smoking prohibited in common areas
A. Smoking in enclosed common areas is prohibited.
B. Smoking in an unenclosed common.area onoraftenJuly 16;.2013, other than in a designated
smoking area established pursuant,to section 8.20:090, is prohibited.
8:20.070 Nonsmoking buffer'zones'
At In all unenclosed!areaswhere smoking is otherwise permitted, smoking:: hall nevertheless be
prohibited within 20 feet from anydoorway, window,ropening crack,or vent into,an enclosed area in
which smoking is prohibited, except:while'en route to another destination.
B In all unenclosed areas where smoking'is otherwise permitted, smoking shall.nevertheless be
prohibited within 20 feet'from:anyunenclosed areasdin which'smoking isiprohibited`by this chapter, except
while actively passing on the way to another destination.
C. The prohibitions irnsubdivisions A and B of this section shall not,apply to unenclosed areas of
private residential propertiesthat.are.not duplexes or multi-family residences.
D. Smoking is prohibited in unenclosed areas of a,duplex or multi-family unit including exclusive-use
areas such as balconies, porches;decks, and patios which are within 20 feet'from any doorway, window,
opening, or other vent;into an enclosed or unenclosed area where smoking is prohibited by this chapter or
other law, or by binding agreement,relating to the ownership, occupancy, or use of real property, or by
designation of a.person with legal control over the property.
8.20.080 Required'and."'impliedlease terms for all new and existing rental units indupiexes and
multi-family residences.
A. Every lease,orother rental agreement for the occupancy of a new unit!ina,duplex'or multi-family
residence entered%into, renewed, or continued month-to-month after July 16„•2013, and in,an existing unit
in a duplex or multi-family unit entered into renewed or continued month-to-month after December 16,
2013, shall`include,the terms that provide as follows, on the earliest possible"date when such an
amendment i&allowable bylaw when providing the minimum legal notice.
1: As of•,July716, 2013 for new units and as of December 16, 2013!for•!existing units;,it is a
material breachof the agreement to?allow•or engage in smoking-in the unit,;including:`exclusive:use areas
such asbaiconies, porches and patios. Such a clause might state, "It is a material breach of this
agreement for'tenant or any'other person subject to the control of thetenant or present by invitation or
permission of the tenant;to engage.in smoking in the unit, including exclusive use areas such as
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balconies, porches and patios,. [as of July 16, 2013;[fornew,units] or as,of;December 16;2013 [for
existing units].]"
2. It is a material breach of the agreement for tenant or any other person subject.tothe
control of the tenant or present by invitation or permission othhe tenant to engage in smoking in''any
common area of the property other than in a designated outdoor smoking area ,Such.a clause might
state, It is a material breach of this:agreement for tenant or any other person subject to the control of the
tenant or present by invitation or permission of the tenant to engage in smoking in any'common;area of
the property, except in an•outdoordesignated smoking area, if one exists."
3. It is amaterial breach;of the agreement for new units entered into,',renewed or continued
month-to-month after July 16 2013', orforexisting units entered into, renewed or continued month-to-
month after December 16, 2013, for tenant or any other person subject to`the'control of the tenant or
present by invitation or permission of the`,tenant to violate any law regulating smoking while,anywhere on
the property. Such a clause might state "it is a material breach of this agreement for tenant or any other
person subject to the_control of thettenant or-present by invitation or permission of the tenant to violate
any law regulating smoking while;anywhere on the property."
4. beneficiaries status to All occupants of a multi,farriily'residence shall be third-party
beneficiaries of the smoking provisions of the agreement: Such a.clause mightstate,"'Other occupants of
the property are third-party beneficiaries of those provisions-in this agreement that concern smoking. As
such, other occupants of thepropertymay seekto enforce such provisions byany lawful means,
including by bringing a civil'action'in a court of law.".
C. Whether or not!a landlordreomplies with subsections A and B above, the clauses required by
those subsections shall be incorporated by operation of law into every agreement to which subsections A
or B apply and shall become effective'as of the earliest possible date on which the landlord could have
made the insertions pursuantto subsections A or B.
D: A tenant who breaches a:smoking provision';of a lease orother.rental agreement for the
occupancy of a unit in a duplex or.r[iulti-family residence, or Who knowingly permits any other person
subject td the control of the tenant;orpreseht by invitation or permission of the tenant, shall be liable for
the breach to:
1. The landlord; and
2. Anyoccupantof the premises who is exposed to smoke;or who suffers damages as a
result of the breach.
Failure to enforce any smoking provision required by thisthapter shall not affect the right to
enforce such provision in the future,:nor shall a,.waiver of any breach constitute a waiver'ofany
subsequentbreach or a waiver of the provision itself.
8:20.090 Designated:smoking areas
Multi-familyresidences„duplexes,places of employment,++city owned or controlled public places, and
public events may designate a_n outdoor area where+smoking is permitted if the area meets all ofthe
following criteria;-
The area is located at least from any,unit enclosed area or common area where smoking
is prohibited by this,chapter or other law, by binding,agreement relating to the ownership, occupancy, or
use of real property or by designation of a person with legal'control over the premises.,A designated
smoking area may require,modification or elimination,as laws;change,;as-'binding agreements are
created, and as nonsmoking areas,on'neighboring premises are established
1 \
B. The,areadoes not include, and is at least 100 feet from, unenclosed:areas primarily used by
children and uhenclosed areas,.with'improveirients that facilitate pnysical;activit'y including„forexample,
playgrounds, swimming'pools, andischool:campuses;
C. The'area"includesrno more than ten (10%) of the total unenclosed area of the multi-family
residence for which it is designated;
D. The area has a clearly marked,perimeter;
E. The area is identified byconspicuous.signs;,
F. The area is completelywithin,an unenclosed area;
G. The area does not overlap with any,enclosed or unenclosed'area'in which smoking is otherwise
prohibited by this chapter or other,provisions of this code, state orfederaflaw-and,
H. Notwithstanding anything in this section to the contrary, the'administrative'authority may in its
discretion'establish a designated smoking area in any appropriate location in or on any city owned or
operated,public place:
8.20.100 Otherrequirements,"and prohibitions,'signs
A. No person, landlord, or,employer shall knowingly permit smoking inanarea which is under his or
• her legal orde facto control and in Which.srr bking is'prohibited by,this chapter, unless otherwise required
by state or federal law.
B. Chapter 8.12 of this code and Penal'Code Section:374 prohibit'littering citywide.
C. A person, landlord„or employer'who has legal or de facto:control of'premises in which smoking is
prohibited by this chapter shall post on those premises a clear, conspicuous and unambiguous "No
Smoking' or"Smoke-free” sign et eye level at each point of ingress to.the'area where smoking is
prohibited, and in at least one other;conspicuous point within`thatarea "No Smoking" signs are not
•
required inside or at doorways1of designated nonsmoking units, except in hotel or motel guestrooms as
required,by subsection 8:20'040.0 of this chapter. The-signs shall,not exceed five (5) square feet in area
shall have letters of no less than'one inch"in height and shall:include the international No Smoking”
symbol (consisting of a pictorial representation of a burning;cigarette enclosed in a red circlewith a red
bar across it). Signs posted on:theexteriorof buildings to-comply with:this section shall include any buffer
zone requirement set forth;in section 8.20:070. At least onesigh with the phone:number to which
complaints can be directed must:be;conspicuously posted in each place in which smoking`is prohibited.
For purposes of this section, the administrativeauthority:shall be responsible for the?posting:of signs
required:in facilities+owned orleased in whole:or in part by the city,.irr such locations'as may.be
• determined by;and_in the sole-discretion of theadministrative authority. Notwithstanding this provision',.;the
presence or absence.ofsigns shall not defense to a charge:of'smoking in violation of any other
provision of this chapter:
D. No;persop. landlord,.oremployershall intimidate, threaten any reprisal, or effect any.reprisal, for
the:purpose of retaliating against another person who seeks to attain compliance withthis chapter.
8 20:110 Additional requirements for.employers.
A. Each employer;'as defined in this chapter hiving an enclosed place of employment located within
the`city and!nottotherwise exempt:from this chapter'shall'adopt, implement; make known and maintain a
written smoking policywhich'complies.With the requirements ofthis.chapter, including but-not limited to
written notification;of"prehibited;smoking areas.
1a
B. The written:smoking policy shall be communicated to,all•eimployees at=least annually, and all
. employers;shall-supply,a'wntten copy of the smoking policy:tcall existing employees and to prospective
Or new employees at the time of hiring.
8.20.120 Regulation of the manner of sale of tobacco products and cigarettes.
A. Any person, business or other establishment which sells cigarettes and other tobacco products
for consumption shall post plainly visible signs at the point ofpurchase'of tobacco'products which state:
THE SALE OF TOBACCO PRODUCTS OR_CIGARETTES TO PERSONS''UNDER',EIGHTEEN YEARS
OF AGE'IS PROHIBITED BY PHOTO'ID IS REQUIRED TO PURCHASE TOBACCO"
The letters of these signs shall be at least one quarter inch high.
d. No person, business,,or owner,manager, operator or employee of businessshall sell; offer to
sell or permit to be sold, any tobacco product;,cigarette or tobacco or cigarette promotional product an
individual without requesting and examining identification establishing the purchaser s age as eighteen
years or greater unless the seller has some reasonable basis for determining the buyers age.
C.
It shall be unlawful for any person,business, or tobacco'retailer to sell, permit to besold, or offer
for sale any tobacco product c garette or tobacco or cigarette promotional product by means of self-
, service merchandising or by means other than vendor-assisted sales.
D. Standard ten pack cartons of cigarettes, multi-packages ofsmokeless'tobacco, cigars and pipe
tobacco are exempt from this provision so long as these products.are Under-constant direct sight
surveillance of a store employee.
E. Tobacco products and cigarettes shall be deemed to be.under constant,direct sight surveillance
of an employee only if the,tobacco products and cigarettes themselves',,(and not just the displays, racks,
shelves, kiosks, etc. where the.productsare.displayed) are in plain and full view of store employee.
F No person, business or owner, manager, operator or employee of any business shall sell, offer for
sale, or distribute any tobacco product, cigarette or tobacco or cigarette promotional product by or from a
vending machine or appliance, or any other coin-operated mechanical device'designed or used for '
vending purposes, except for vending machines located within the premises issued,an'on-sale public
premises license for the sale of alcoholic beverages_by the state of California. and located fifteen (15)feet
or more inside of the entrance to and within areas of such premises towhich access,by minors is
prohibited by law.
8.20.136 Enforcement and penalties.
A. Any,owner, manager„operatororemployerof any establishment subject to this chapter shall
have the.responsibility to_inform any apparent violator, whether public or employee about any smoking
restrictions in said establishment.
B. Enforcement of this'chapter shall be the responsibility of the city manager or-his/her designee,
herein described as"administrative authority.”
C.
The'administrative.authority may:require, while an establishment;is undergoing'otherwise
mandated inspections, aicertification from the owner, manager, operator or other person having confrol of
such establishmentlthatall requirements of this chapter have been complied with.
,3
D. Any citizen'who desires to registera:complaint underthischapter'may initiate'the:cornplaint with
the.administrative;authority. Investigation and enforcement pursuant to.any'such,complaint shall be
Within the discretion Ofthe.admihistrative authority.
E. Smoking,in any area where smoking is prohibited,by this+chapter and any-other violation of this
chapter shall be ishereby declared'to be unlawful and a.public nuisance, and provisions of this chapter
shall be enforceable pursuant to chapters 1.1b through 1:16 of this code, or bYlany other judicial and
administrative penalties and remedies available to the city under applicable local, State or federal law.
Each instance of smoking ini violation of this shall constitute a separate violation. For violations
other than prohibited smoking each:day of a continuing violation of this chapter shall,constitute a
separate violation. The remedies'provided by this chapter are not intended`to preclude any other remedy
available at law or in equity.
8!20.140 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
chapter.
8.20.150 Other applicable law s
This chapter shall not be interpreted'to`permit smoking where it is otherwise restricted by other applicable
laws.
8:20.160 Liberal construction.
Itis the intention of the city council that this chapter shall be liberally construedto accomplish its remedial
objectives and to be compatible with federal and state enactments.
i
Section 2. The City Council finds'that adoption;of this+ordinance is;exempt from the California
Environmental Quality Act ("CEQA"), pursuant to Sections:15061(b)(3)of the CEQA Guidelines
(Title 14; Chapter 3 of the California Code of Regulations)'because'there is no possibility that
the activity may have a signiticant'impact on the environment:
Section 3. If any section, subsection, sentence, clause, phrase,o'r-word of this ordinance is for
any reason held to be unconstitutional,unlawful or otherwise invalid`by a court of competent
jurisdiction or preempted by state legislation;,such decision or legislation shall not affect the
validity of the remainingrportions of this ordinance. The City Council of the City of Petaluma
hereby<declares that-it would have passed and adopted this ordinance and.each and all provisions
thereof irrespective+ofthe fact:thatianyone or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance shall become effective thirty (30) days after the date+of its adoption by
the Petalunia'City Council, and upon the posting of all signs required,by California Vehicle Code
Section'.21103.
Section 5. The:City Clerk is hereby directed to publish,'or post this ordinance or a synopsis for
the period and in theemanner provided by the Ciiy Charter and any other applicable law:
lLk
INTRODUCED and ordered posted/published this dayof. 2012.
ADOPTED this day of 2012 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, City Clerk Eric Danly, City Attorney
2003877.4
,5
AIC.cCti vest
n
•
City of Petalnrna, California ff
MeitnotAndhlm
Pollee Pnlro(Dii'lsloii,969 Petaluma Bo rlewinliNor/h;Pelal ails, CA'94952
(707).778-4370 Trrv.(707) 778=4502 L'-atnil:nillrohsas@clyeln6ugasenas
DATE: November 6,2012
TO: Dave Sears,Miniii;Seiwices Lieutenant
FROM: Matt Thomas,':Patrol Officer
SUBJECT: Hotel Information
•
Here is the information °L our local hotels tallying total nuinUer of looms and total
number of smoking rooms:
HOTEL TOTAL S OF ROOMS TOTAL 11 OF SMOKING
ROOMS
QUALITY INN 12(11%)
ROBERT FRONT DESK 109 WILL BE A NON-SMOKING
MANANGER HOTEL-BY MARCH 01,2013
BEST WESTERN
LINDA ASSISTANT 73 0
MANAGER,
METRO:HOTEL&CAFE 20 0
FRONT DESK CLERIC
SHERATON
JOSE FRONT DESK 183 0
SUPERVISOR
AMERICA BEST VALUES 8
SHIA FRONT DESK 52 (15%u OF THE ROOMS)
MANAGER
MOTEL 6
JONATHAN DAYSHEFT 121 23
MANAGER (19%OF Ti I R ROOMS)
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