HomeMy WebLinkAboutStaff Report 4.C 1/7/2013 Ag-enca:Its w *4 C •
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUIVIA
REPEALING CHAPTER 8:20, "REGULATION OF SMOKING IN CERTAIN`PUBLIC
PLACES;" AND.ADDINGICHAPTER 8.20, "REGULATION OF SMOKING AND
TOBACCO:SALES," TO THE CITY'OF'PETA'LUMA MUNICIPAL CODE
BE IT ORDAINED BY THE:COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Chaptei 8120 of the.Petalurna Municipal Code, "Regulation of Smoking in Certain
Public Places, is hereby repealed, effective of-1'101e effective date of'ihis ordinance, and replaced,
to read in full as follows:
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CHAPTER,8.20
REGULATION OF SMOKING AND TOBACCO SALES
8.20.010'Title.
This chapter shall be entitled "Regulation of Smoking and Tobacco Sales:"
8:20.020'Findings and purpose.
The council of the'cityof Petaluma hereby finds that
A. Numerous studies have found thaftobacco"smoke is a major contributorto indoor air.pollution;
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I B'. Reliable studies, including, ,a,,June 27, 2007'reportlby the Surgeon General of the United States
entitled 'The Health Consequences ofd Involuntary Exposure to Tobacco Smoke " have'shown that
secondhand smoke is a significant health hazard, particularly'to elderly people, individuals with
cardiovascular disease; individuals:with impaired respiratory function including asthmatics and those with
obstructive airway disease;cand'to children who suffer increased risk of sudden infant;death syndrome,
asthma attacks and respiratory and ear infections when exposed to secondhand smoke; and
C. Since 1992, the United States Environmental Protection Agency CEOPC)i has classified
secondhand smoke as a"Class Acarcinogen;.and
D. Health hazards induced by breathing secondhand smoke include lung:cancer, respiratory
infection, decreased exercise tolerance, decreasedrrespiratory'function, bronchoconstriction'and
broncnospasm and;
E Tne:adverse,effects of secondhand smoke on persons who suffer adverse:health effects from
breathing.secondnand;smokesnaycause Gloss of job productivity; increased absences and use of sick
leave and increased costs of providing employee health services; and
F. According to a 2011. University.of California Los Angeles study, smoke-free regulations in multi-
unit apartment;buildings could save;property owners substantial sums in°the`cost of cleaning apartments
vacated by tenants who smoke,iand
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g Surgeon e is nolsafe level Of exposure to secondhand
G. According to'the this Sur eon General, them
smoke; arid
H. Most cigarette filters are,made of celluloseracetate do not`biodegrade and form a portion of trash
collected frormcity streets and other public places, and 1
In order to reduce addiction to tobacco'products by,children andrteens,.andreontrol sales of
tobacco products to minors, it.isin the public interest to prohibit self-service sales prohibit tobacco
vending machines in,areas accessible,taminors°and require warning signs requiring proof of legal age to
purchase tobacco at point of purchase; and
The purpose of-this dhapteris to protect the public health, safety and welfare,regarding the public
health hazards relating to secondhand;smoke and access of minors'to tobacco products-and cigarettes.
It is within the city's-authority underts police powerto implement and enforce the provisions of this
chapter.
8.20.030 Definitions.
The following words and phrases, whenever used in this chapter, shalf;beconstrued as defined in this
section, unless it is apparent-from-the context;that they have a differentmeaning:
A. "Administrative authority" means the citymanager or his/her designee;authorized by this section
5.20.110 and/or other provision:of this chapter to enforce the provisions of this chapter.
B. 'Bar" means a separate`establishment, or Groom in!a restaurant physically separated by full
walls from the rest of.the restaurant,'which`is devoted to the serving of aleoholic,beverages for
consumption by patrons on the premises, in which,no person under the,age of eighteen years is allowed
to enter except to travel to restroomsfacilities or a non-bar portion of a restaurant and which is separately
ventilated from any other area The,bar area=must not be the sole waiting area nor the sole entrance to
the restaurant for dining patrons. The term'"bar excludes the restaurant dining area.
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C. 'Business" means any sole proprietorship,:joint venture,;corporation or other business entity
formed for profit making purposes, including retail establishments`that=sellgoods or services as well as
professional corporations and other entities that deliver legal, medical,(dental, engineering, architectural
or other professional services.
D. "Child care facilities" means,anyfamily day-care home regulated by Sections 1597.30;through
1597.621 of the California Health and Safety Code and anydaycare center for children regulated by
Section 1596.90 et seq.,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 Taxation Code section 30003, as it may
be subsequently amended or superseded.
F. "City" means City of Petaluma, County of Sonoma, State of California.
G. "'City managehmeans the:city manager of the City of Petaluma.
H. "Common'area" for purposes of this chapter;,means:
1. Every indoor or outdoor area of a multi-family:residence which 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,,parkingi lots, outdoor facilities, shared balconies or porches, shared restrooms, shared laundry
rooms,:.shared cooking facilities and shared eating areas.
2. Every indoor or outdoor area of a commercial condominium, business incubator,
shopping:center, or other commercial real property or business which owners, employees and/or the
�'" public are entitled or invited to enter and/or use as shared spaceor;facilities, including butnot limited to
halls, walkways, paths, lobbies ,courtyards elevators stairs,community or conference rooms, outdoor
facilities,,gyms or health facilities swimming pools,parkinglots, 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 bythe general public or an'employee and which is designated, established or regularly used for the
consumption of food or drink.
K. "Duplex" for purposes of this:chapter means one structure oma-single lot containing two dwelling
units with a-shared wall, eachbfwhich'.is functionally separate from the other-
L: "E-cigarette" or electronic cigarette means a battery operated device with a cartridge filled with
nicotine, flavor and other cherriicals'and/or pharmaceuticals which emits aerosol orvapor.
M. "Employee" for the purposes of;this chapter means'any person who;is employed by an employer
in consideration for direct or indirect monetary wages or profit, any personwho volunteers his or her
services for a nonprofitentityand any,unpaid interns,volunteers or other persons performing services for
a'business.
N. "Employer," for the purposes of this chapter„means'anyperson, partnership or corporation,
including a municipal corporation,:or nonprofit entitydhat employs the services of:one or more individual
person and/or receives workorseivices-from-an "Employee,” as defined herein, whether paid or unpaid.
0. "Enclosed area" or"enclosed' means surrounded,by a ceiling,'floor; and solid walls which,
except fordoors, passageways, and/or windows, extend from floor to ceiling on all sides.
P. "Landlord" means any person who owns,propertylet for r•.esidentiaruse, any person who lets,
residential property and any person:who manages such•propertyj except;that''Landlord'? does not include
a tenant who sublets a unit so long;as'the tenant sublessor subletsonly a single unit of amulti-family
residence.
a "Multi-family residence" for purposes of this chapterrneans residential propertycontaining three
(3) or more units with one or more shared walls;,floors or ceihngs; including but not limited'to rental
complexes, apartments, residential cooperatives, condominium complexes, senior citizen residences,
assisted living complexes and skilled'nursing facilities, "Multi-family residence" does not include:
1. A hotel or motel that meets.the'requirements;in Civil Code at least fifteen(15) feet inside
of the:entrance to§1940(6)(2);
2. A mobile home park; -
3. Acampground;
4: A marina;or port;
5. A,single-family residence;.
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6. A single-familyhorne with a detached.in-law;or second,unit when,permitted
pursuant:to local ordinance and/or applicable state law.
R. New unit' means multi=family unit that is issued a certificate or occupancy or final inspection on
on after July 16; 2013 and also a unit that is leased or rented for the firsttime on or after July 16, 2013.
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S. Nonprofit entity"°means any corporation unincorporated association or other entity created for
charitable,philanthropic, educational character building; political,;social or other similar purposes, the net t'
proceeds from the operations of which are committed to the promotion of the objectives or purposes of
the entity and not to private gainA public agency is;notra,nonprofit entity within"themeaning of this
section.
T. "Open,space" ineans,any lot orarea'ofland or water essentially or partially unimproved and set
aside„dedicated, designated or reserved for r public or private use or enjoyment, or for the use and
enjoyment of owners and occupants of land adjoining orheighboring such open space.
U. "Person”means any individual,partnership,jcooperative association, 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.employees.normally'frequent during the course of employment, including, but not
limited to, Work areas, employee lounges and restrooms, conference and classrooms, vehicles, taxis,
employee cafeterias or eating places and'hallways.JA private residence'is note place of employment for
purposes of this chapter, unless it is-used as a child,lcare or health care facility or unless it is used for a
permitted home.occupation having one or more employees or which is visited by members of the public
twice a month or more.
W. "Public event" means-an event which.is open to and may beattended by the general public,
including but not limited to such events as"farmers' markets 'parades', craft fairs, festivals, concerts,
performances orotherexhibitions„regardless of any fee or age requirement:
X. "Public place” means,any place, publicly orprivatelyowned, which;is open to the general public
regardless'of any fee or age,reenirement.
Y. "Recreation area" means any area that;is publicly'orprivately'owned;and open to the general
public for recreational purposes;:regardless of any fee or age requirement. Theterm "Recreation area"
includes, but is not limited toy parks;,picnic areas, playgrounds,-,sports fields and courts, golf courses,
walking paths, gardens, hiking trails; bike^paths 'horseback riding trails; swimming pools, spas, roller- and
ice-skating rinks, skateboard parks, amusement parks, sports-_arenas, and beaches.
Z. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school
cafeteria, and any other eating establishment which,gives oroffers for sale food to the public guests, or
employees as well as kitchens in which'food is'prepared on the premises for serving elsewhere, including
catering.facilities, except that the'term"restaurant"`shall not include a cocktail lounge or tavern if said
cocktail lounge or tavern is a bar as defined herein.
"Self-service merantl i merchandising" display tobacco products and pointof-sale.tobacco
p romoti p soduc f p access toutthe
intervention of an employee:.
BB. "Separately ventilated" means equipped with a separate heating,ventilation:and air conditioning
(HVAC) system from the rest of a-building and which has direct external exhaust The separately
ventilated area must also.be Slightly-negatively pressurized to'prevent intrusion of smoke into?nonsmoking
areas. CC. "Service area means any publicly or privatelyowned'area,,including streets and
sidewalks, that is,designed,:to be used or is regularly used byone or more persons to wait,for or receive a
service or make a'transaction;whether or,not such service or transaction involves the exchange of
money. The term"Service area" includes airbus stops and other facilities of the Petaluma Transit System.
CC. "Smoke" means the gases,and particles released into the±airby combustion when the apparent or
usual purpose of the:combustion is hurrian'inhalation of the resulting combustion products, including but
not limited to tobacco smoke, cigarette'smoke and aerosol or vapor released by ignition of e-
cigarettes. "Smoke'' does not include the-product of combustion ofincense or similar products when used
solely for olfactory purposes and not-containing tobacco or nicotine.
DD. "Smoking means engaging,in an act that generates smoke, including tiut-not limited to lighting
or possession of:a lighted pipe cigar`.cigarette, or hbokah,water pipe, an operating e-cigarette or a
lighted smoke inhalation.device-of'any kindi'that'generates smoke of'any kind, from tobacco or any other
weed or plant.
EE. "Sports arena" means enclosedrorvunenclosed sports pavilions, gymnasiums, health spas, boxing
arenas, swimming pools•, roller and ice rinks,:bowling alleys, pool halls and'other similar places where
members of the general public assemble to engagein physical exercise, participate in athletic
competition, or witness sports events I11
FE "Tobacco products' means,tebacco products as defihed'ih-nRevenue and Taxation Code section
30121(b), as it may be subsequently amended or superseded.- including;but;not limited to all forms of
cigars, smoking tobacco, chewing tobacco, snuff, and any other articles or products made of or
containing at least50 percent'tobacco, but does not include cigarettes.
GG, "Tobacco promotional products" means.baseball caps, T-shirts, gym;;bags, coffee mugs,
sunglasses,jackets and other items;which have tobaccoand/or i
cigarette advertising logos,
characters, messages and themes:printed on'them:,,
HH. "Tobacco retailer" meahsiany business, person orgoveMmental entity:thatoperates a store,
stand, booth, concession, or othe ,Place at which sales of tobacco;products and/or cigarettes'are made to
purchasers for consumption or use..
I "Tobacco Retail Store" means a tobacco store-as defined"in'Business & Professions Code
section 22962, as it may be subsequently amended:Or
JJ. "Unenclosed area" meanst,any areathat is not an enclosed area,.as;defined in this section,
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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 exclusive enclosed area or
unenclosed area, such as, for,exarriple a private balcony, porbh, deck, or,patio. "Unit" includes but is not
limited to an apartment; a:condominium; atownhouse; aroorii in a long-term,health care facility, assisted
living facility, or hospital;;ia hotel or motel'room ;a room in a.single:room occupancy ("SRO") facility; a
room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law
or second unit.
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LL. "Vendor-assisted"means a°store where only,an employee,has access to the tobacco product,
assists the customer by supplying the product, and the customer does not take possession of the product
until it is purchased.
8.20.040'Prohibition of smoking'in public places „places of employment,;and certain other areas
Al Enclosed areas.,;Smoking is-prohibited in the enclosed areas-of the following places•within the
city except in places listed in subsection:C below, and except in'such`places,in which smoking is already
prohibited by state'torfederal law; in'which,dase the state orfederal law applies:
1. Places of employment.
2. Public places, other'than bars as defined in this chapter.
3. Recreation areas.
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 theunenclosed areas of the-following places within
the city limits of the city except in such places in which smoking-is already prohibited'by state or federal
law, in which case thestate or federal law applies:
1. Public places, including public plazas.
2. Within 20 feet of a working road or building and consfructiorr crew.
3 Recreation areas..
4. Open space,
5. Service areas.
6. Dining areas. 'I
7. Common,areas,'provided that.a person withilegal control over a.common;area may
designate a portion of the unenclosed area of the common area as a designated smoking area if the area
meets all of the criteria set out in section 8 20.090.
8. Public=events provided that'the event sponsor may,designate:a portion of the
unenclosed 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 publicplace established for the
preparation,:service or consumption of food or drink; and at least 100 feet'fromany portion of the public
place established as;a play area.for'children or a place to gather to witness;a concert or similar exhibition;
and provided further that smoking;is permitted,on streets and sidewalks,being:used in a traditional
capacity as pedestrian or vehicular thoroughfares unless otherwise,prohibited'by this chapter or other
IS.
C. Unless otherwise prohibited by law,•smoking is not prohibited in the•following enclosed areas:
1. Up to twenty percent(20%)of guestroom accommodations in a.hotel, motel, or similar
transient.lodging establishment if the,hotel or motel 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"signageshall be posted in'nonsmoking guestrooms
2. At theatrical production•sites,,as part of the'production,and not by members of the
audience.
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3. Inside a'tobacco retail store if:
a. The tobacco retail store does not sell edible products, including,,,for example,
food ;water,,ordrinks, or allow such products to be consumed on the business premises;
b. The tobacco•retailstore prohibits rninors,.from entering theistore,et all times; and
c. The premises of the_tebacco retail store are'an,independent freestanding building
unattachedlto,any other structure or
4 Inside a detached si
ngle-family home unless the,home is.used as a family day care
home; a child care or health care facility licensed by the State of,California and/or for a home occupation
which has employees and/or is visited twice'a month or more by members of the public;
5. Inside°private 'vehicles. •
D. Notwithstandingany other provisions of this section,,nothing in this chapter prohibits any person,
landlord,,employer; ornon-profit'entitywith legal control over`any property or facility from declaring the
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entire property or facility:as nonsmoking and prohibiting;smoking,onrany part of such property or facility,
even if smoking is riot otherwise prohibited in that area.
8.20.050 Smoking restrictions in new and existing units in duplexes and multi-family residences
A. All new units of a duplex ormulti-family residence are hereby.designated 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 not new units,"including any associated
exclusive-use enclosed areas or unenclosed areas, such,as for example,a private;balcony, porch, deck,
or patio, are hereby designated,nonsmoking units as of December 16, 2013.
C. Smoking in a designated nonsmoking unit is violation of this chapter.
8.20;060 Smoking prohibited in.dommon areas
A. Smoking in enclosed common areas-is prohibited.
B. Smoking in amunenclosed'common,area On or after July 16,2013,•other than in a designated
smokingsarea established pursuant to section 8.20.090, is prohibited.
8.20.070 Nonsmoking buffer zones
A. In all unenclosed areas where smoking is otherwise permitted, smoking shall nevertheless be
prohibited within 20 feet from any doorway; window, opening crack, or vent into an enclosed area in
which smoking is prohibited, except while en route to another destination.
B. In all unenclosed.areas wheresmoking is otherwise:permitted, smoking shall nevertheless be
prohibited within 20 feet,from any unenclosed areas in which smoking is prohibited by this chapter, except
while actively passing on the way to another
d. The prohibitions in:subdivisions A and B of'this section shall not apply to unenclosed areas of
private residential properties:that.are not duplexes or multi'-family-residences.
D. Smoking is prohibitedin unenclosed areas 9f 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 orunenclosed`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 implied lease terms for all new and existing rental units in duplexes and
multi-family residences
A'. Every lease or other rental agreement for the occupancy of a new unit in a 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 multifamily unit entered into renewed or continued month-to-month after December 16,
2013,,shall include the terms'that'provide as4follows, on the earliest possible date when such an
amendment is allowable bylaw when providing the ninirnum.legal notice.
1. As.ef July`16, 2013 for new units as of December 16, 2013 for existing units, it is a
material"breach of the agreement to'allow'or engage in smoking in the unit, including exclusive use areas
such as balconies„porches and patios Such a clause mightlstate, It is;a.material'breach of this
agreement for tenant or any other personsubject toirthe control of the tenant or present by invitation or
permission of the tenantto 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`[for'new units] oras'of December 16, 2013[for
existing units).]"
2 It is a material breach of the 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 other than in a designated outdoor,smoking area,Such a,clause might
state, It is'a„material breach of thissagreement 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 outdoor designated smoking area, if one exists
3. It is a material breach of the:agreement for new units entered into, renewed or continued
month-to-month after July 16, 2013;-or for.existing 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 orpermission 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 the tenant orpresenf by invitation or permission of the tenant to violate
any law regulatingssmoking while anywhere on the property..
4. beneficiaries statu's to All occupants1of a,multi-family 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 agreementthat concern As
such, other occupants..of-the property may seek-to enforce such'provisions by any lawful means,
including by bringing a civil action in a court of law.”
GI Whether or not a landlord complies with subsections:A and, B,:aboye, 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 pursuant to subsections;A'or B.
D. A tenant who breaches°arsmoking provision Of a lease or other rentalagreerimentfor the
'occupancy of a unit in a duplex or multi family residence, or who knowingly"permits any other person
subject to the control of the tenant or present by invitation or permission.of the tenant, shall be liable for
the breach to:
1. The landlord; and
2. Any occupant of the:premises who is exposed to smoke or who suffers damages as a
result of the breach.
E: Failure to enforce anysmoking'provision re4uired by,this chapte'shall not affect the right to
enforce such provision in the future`, norshall,a waiver of any breach constitute a waiver of any
subsequent,breach or a waiver of'theprovision'itself.
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8.20.090 Designated smoking areas
Multi-family residences, duplexes,,,places otemployment, city owned or controlled public places, and
public events maydesighate;an outdoor area wheresmoking'is:perrriitted if the area meets all of the
following criteria:
A. The area islocated'at least 20 feet from any unit, enclosed area or common area where smoking
isiprohibited by this chapter or other taw; by binding:agreement,relating to;the ownership, occupancy, or
use of real property„or by designation ofa 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. l
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B. The area does:not include, and is atleast 100 feet from, unenclosed areas primarilyused by
Children and unenclosed areas with improvements that;facilitate;physical activity;including, for example,
playgrounds,swimming pools; and school campuses;,
d. The area includes no More percenl'(10%) of)the;total unenclosed area of the multi-family
residence for which it is designated;
D. The area hasra clearly marked perimeter;
E. The area is identified'by conspicuous signs;;
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F. The area is completely within an unenclosed area;
G. The area does not y
overlap with any or unenclosed area in which smoking is otherwise
prohibited by this chapter orother'provisions of this code, state or federal law; 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 Other requirements'and`prohibitions, signs
A. No person, landlord';.or employer shall knowingly permit smoking in an area which is under his or
her legal or de facto+control'and in which smoking is prohibited by this chapter; unless otherwise required
by state or federal law.
B. Chapter 8.12 of this code and Penal'CodeSection 374 prohibit littering.citywide.
�'— C. Aperson, landlord, oremployerwhe has legal or de}facto control,of premises in which smoking is
prohibited by this chapter shall post eh those,premises‘a clear, conspicuous and unambiguous "No
Smoking" or "Smoke-free" sign at eye levehateach pointof'ingress%to the area where smoking is
prohibited, and in at leastoneother'conspicuous.point withiathat,area. "No Smoking"signs are not
required inside or at doorways'of'designated nonsmoking units, except in hotel or motel guestrooms as
required by subsection 8.20.040.C,,of this chapter. The sign`s shall,notexceed",five (5) square feet in area;
shall have letters of no less than one indh:in height and shall include: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). Signs posted on-the,exterior of buildings to comply with this section shall include any buffer
zone requirement set forth in section 820,070_ At least one sign with the phone number to which
complaints can be directed must be;conspicuously posted'in each place in which smoking is prohibited.
F,or purposes of this section the administrative authority shall be'responsible,for the posting of signs
required in facilities owned or,leased irr whole or in part by the city;'in such locations as maybe
determined by and in the sole discretion of the;administrative authority.Notwithstanding this provision; the
presence or absence of signs shall not be a defense to a charge of smoking in violation of any other
provision of this chapter.
D. No person, landlord, aremployer•shail intimidate, threaten any reprisal, or effect any reprisal, for
the purpose of retaliating against another person who seeks'to,attain compliance with this chapter.
8.20.110 Additional requirements for employers.
A. Each employer; as defined in this chapter having an}enclosed.place of employment located within
the city and not otherwise exempt!from-this chapter shall adopt, implement, make known and maintain a
written smoking policy which,complies with the requirements of this chapter, including but not limited to
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written notification of prohibited smoking areas. l
B. The written smoking policy shall be communicated to;all eniployees.at.leastannually, and all f--
employers shaltsupply a`written copy-of theamoking policy_taall existing employees and to prospective
or-new employees atthetirne of hiring,
8.20.120 Regulation of the manner of of tobacco products and cigarettes.
Al Any person, business,br other"establishment which sells cigarettes and other tobacco products
for consumption shall'post plainly"visible;signs.at the point of purchase of tobacco products which state:
"THE SALE OF TOBACCO PRODUCTS OR.CIGARETTEWTO'PERSONS UNDER EIGHTEEN YEARS
OF AGE IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED:TO PURCHASE TOBACCO"
The letters of these signs shall.be at:least one quarter inch high.
B. No person, business, dr owner, manager, operator or employee of any business shall sell, offer to
sell or permit to be sold,.any tobacco product,.,cigarette or tobacco olcigarette.promotional product to an
iniiividual'without requesting and ezamimng,identification establishing the purchaser's age as eighteen
years or.greater unless the seller has some reasonable basis fordetermining the buyer's age.
C: It shall be unlawful for any,person, business: or tobacco retailer to•sell, permit to be sold, or offer
fogy sale any tobacco product, cigarette 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 of;smokeless tobacco„;cigars and pipe
tobacco are exempt from this provision so long as these productslare under constant;direct sight
surveillance of a store employee:
E.: Tobacco products;and'cigarettes shall'be deemed to'+be,under constant directsight surveillance
ofl an employee only if the tobacco,productsiand bigarettes,tliernselves (and not just the displays, racks,
shelves, kiosks, etc. where the products are displayed) are in=plain and full view of a store employee.
F. No person, business or owner, manager; operator onemployee 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
orb more inside'of the entrance to,and,within areas of:such premises to which access by minors is
prohibited by law.
8.20.130 Enforcement andrpenalties:
A. Any owner, manager, operator or employer of"any,establishment subject to this chapter shall
have the responsibility to inform'lany apparent violator, whether public Or employee, about any smoking
restrictions in said,establishirhent.
B. Enforcementof this chapter-,shall be the responsibilityof 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 a certification from the owner; manager, operator or other person having control of
such establishment that all requirements of this chapter have;beencomplied with.
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Any citizen who desires to register ajcomplaint under this chapter may initiete,the complaint with
the administrative.authority. Investigation and enforcement pursuant to any such complaint shall be
within the discretion of the administrative authority.
E. Smoking in any area where smoking is prohibited by thisichapter and any other violation of this
chapter shall be is hereby declared to be, unlawful"and a public nuisance. and provisions of this chapter
shall be enforceable pursuant to chapters 1.10 through 1:16 of'this code (or.by any other judicial and
administrative penaltiesand rerriediesavailable to the city under applicable local, State or federal law.
Each instance of smoking in violation of this chapter shall constitute a separate:.violation. For violations
other than prohibited smoking, each^day of acontinuing violation of this chapter shall constitute a
separate violation. The remedies provided by this chapter are not,intended to preclude any other remedy
availableatlaw 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.anyrights afforded by this
chapter.
8.20.150 Other applicable laws..
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 construed to accomplish its remedial
objectives and to be compatible'with federai;and statetenactmehts.
Section 2. The City Council finds'that adoptioneof this ordinance 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 significant impact on the environment.
Section 3. If any section, subsection, sentence, clause, phrase'or word.of this ordinance is for
any reasonheld to be:unconstitutional,-unlawful or otherwise invalid'bya court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions 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 of the fact.thatany,oneor more of said provisions be declared
unconstitutional, unlawful orotherwise'invalid.
Section 4. This ordinance shall become effective thirty.(30)days after the date of its adoption by
tfte Petaluina'City Council,"andaupon the posting of all signs required by California Vehicle Code
Section 21103.
Section 5. The City Clerk is hereby directed to,publishior postthis ordinance;or.a synopsis for
( the period and in the manner provided by the Cily Charter and':any”"'other applicable law.
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INTRODUCED and ordered posted/published this day of , 2012.
ADOPTED this day of 20 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
David.Glass;..Mayor
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ATTEST: APPROVED AS TO FORM:
' Claire Cooper, City Clerk Eric Danly, Ci't •Attorney
2003877.4
t/a-
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