HomeMy WebLinkAboutStaff Report 3.C 1/28/2013 L U. e;
At ; r �� ate #3 'C
DATE: January 28, 2013
TO Honorable Mayor'and Members of the City Council through City Manager
FROM: Patrick Williams, Chief ofPolice
SUBJECT: Adoption,(Second Reading) of an Ordinance Repealing Petaluma Municipal Code
Chapter 8.20, "Re Smoking in Certain Public Places," and Adding
"Regulation of i
g
Chapter 8.20, "Regulation of Smoking and.Tobacco Sales," to the City of
Petaluma Municipal Code
RECOMMENDATION '
„. ItI,1f Repealing
is recommended'that the City'Council.adopt an Ordinance'R Petaluma Municipal,
Code Chapter 8.20,"Regulation of Smoking in Certain Public•Places,"'and Adding Chapter 8:20,
"Re ulation of Smoking g and Tobacco Sales,"to the City of Petaluma Municipal Code.
'ar AC'KCROUNI)
On December 3, 2012 the City Council unanimously approved the introduction of this item with
amendments and it was set for a,second'reading ion January 7,2013 The item was unanimously
'approved again by the City Council on January 7, 2013.
DISCUSSION ,
•Following,the January 7, 20;13'.City staff determined that the amendments to the ordinance.i 'ace
by the the City Council prior to introduction on December 3, 2012 were not included in the
ordinance resented.to,the City Council at the January 7,2013 meeting. The ordinance before
presented you conforms'to the ordinance as introduced on December 3,2012, and staff recommends're ,
.,' adoption.,.
FINANCIAL IMPACTS
cant'fina
significant impact p �� of implementing this ordinance.
No s nifi ncial'im Fact is antic' ated as a result o
ATTACHMENTS'
l. .. Draft Ordinance, _ ,
Agenda Review:
City Attorney() Finance Director City Manager
ATTACHMENT
1
EFFECTTVE'DATE• ,ORDINANCE NO. 2449 N.C.S.
OF ORDINANCE
1 Introduced by Seconded by
2 .
4.
5, „
6
7
' 8,°' •' AN ORDINANCE OF THE"CITY COUNCIL OUNCIL OF°THE CITY OF PETALUMA
9 REPEALING CHAPTER8.20, "REGULATI,ON OF.SMOKING: IN CERTAIN
:10. PUBLIC PLACES," AND ADDING CHAPTER 8.20,
NG AND TOBACCO SALES,"
11 "REGULATION OF SMOKING•, „ . •
12. , TO THE CITY OF PETALUMA MUNICIPAL CODE
1'3
14 '`: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
,15
16' Section 1. Chapter 8.20 of the Petaluma Municipal Code, "Regulation of Smoking in Certain
17 Public`Places," is hereby repealed, effective on the effective date of this ordinance, and
18 replaced, to read in full as follows:
19
20 CHAPTER'8.20
21 RE'GULATION'OF SMOKING AND TOBACCO SALES'
22
23 8.20.010 Title.
24 t
• 25'
This chapter shall be entitled "Regulation of Smoking and Tobacco Sales."
27 , .,820.020.,Findings and purpose „
28
29 The council of the city of Petaluma hereby finds that
31; A. Numerous.,studies have found that tobacco smoke is a major contributor to,in
door, air • •
'32 pollution;and; • ,
33
34' B. Reliable,studies, including a June'27, 2007 report by the Surgeon General of the United
35 States entitled The Health Consequences of Involuntary Exposure,to Tobacco,,Smoke," have
36, shown that secondhand smoke is a significant health hazard, particularly to'elderly people,;
37' individuals with cardiovascular disease; individuals with impaired respiratory function;including
38 those with Obstructive asthmatics"and '' ructiwe airway disease; and to children who suffer increased risk ,
39 of sudden infant`death syndrome, asthma attacks and respiratory and ear infections when
40 exposed to secondhand smoke; and,
42 C. Since 1992, the United States Environmental.Protection Agency ("EPA") has classified,
43' secondhand smoke as a Class.A.carcinogen; and,
44
•
„ . . Page 2 , ,.
1 D. Health hazards'induced by breathing secondhand smoke include lung cancer,
' ti decreased exercise tolerance, decreased respira� function,
2 res irato �nfsection d,
,, story
p ry 1
3 bronchoconstriction and bronchospasm;;and;
I .
4
5 E... The adverse,effects'of secondhand smoke On persons who suffer adverse health effects
6 from,breathing s condhand smoke may cause a loss'of job productivity; increased absences
7 and use of ,
' sick leave and costs of providing employee health services and
9 F. ,According to a. 2011 University of California Los Angeles study; smoke-free regulations in
• 10 ,multi-unit apartment buildings could save property owners substantial sums.in the cost of
11 cleaning p artments vacated;by tenants who.
smoke;'and,;
13 G. According,to the EPA,:and the Surgeon General,there is no safe level of exposure to
14 secondhand.smoke; and,
15
161 H. Most cigarette filters are made of cellulose acetate, do not biodegrade and form a
17 portion of trash collected from(city streets and other public places; and
18
19'11. I. In order to reduce addiction to tobacco products by children and teens, and control • "
20 sales of tobacco products,to'minors, it is in the public interest to prohibit self-service,sales,
21 prohibit n tob vending ch
s in areas accessible to minors and require warning signs
'22 reg uli g proof of legal a e top ure hase
tobacco at point of purchase; and
23'
24, The purpose of this chapter is to'protect:the public health, safety and welfare, regarding the
25 public';health hazards relating to secondhand smoke and access of minors to tobacco products
`26 and cigarettes. It is within the`city's authority under its police(power to implement and enforce
27 the provisions of this chapter.
28
29 8.20.030 Definitions.30
.'31 The following words and phrases;whenever'used in this chapter,shall be construed as defined in
:32 this section, unless it is apparent from the context that they°have a different meaning.
;33
34, A. "Administrative authority''means the city manager or his/her designee authorized''by,this
35' section 8.20.1 10 and/or other provision of this chapter to enforce'the provisions of'this chapter.
'36
37 B. Bar means a',separate establishment;,or a room in a restaurant physically separated'by ..
38 full walls from the rest of,•the restaurant,which is devoted to the serving of alcoholic.beverages
p.t on by atrons on the premises, in which no person under the age of eighteen:,
391 for consum , y p .
40 years is allowed to enter except to travel to restroom facilities or a non-;bar portion of a
41 restaurant and,which is separately ventilated from any other area.The bar area must not'be thee
42 sole waiting-area nor the sole entrance to the restaurant for dining patrons. The term"bar"
43 excludes the res'taurarit'dining area.
44
,45 C. "'Business" means any sole proprietorship,joint venture, corporation or other business
46 entity formed for profit-making purposes, including retail establishments that sell goods or
;47, services as well as professional,corporations and other entities that deliver legal, medical, dental,
,481 engineering, architectural or other professional services.
49
' " •50 D: "Child care facilities" means any family day care home regulated by Sections 1597.30
51 ' through 1597.621 of the California Health and Safety Code and any day care center for children.
Page 3
r. .
1 regulated by Section 1596.90 et seq: of'the California Health and,Safety Code. It does not
2 inc_lude a foster home or residential child care facility:
3 f.
4 5 as i be subse ue,ntl amended or superseded.
e and Taxation Code sec ion 30003,
E Ci arette means ci arettes as defined in Revenu
;t may • q. y p
:6
7 F. "City" means'the Cityr,of Petaluma, County of Sonoma, State of.:California.
• 8
9 G. "City manager" means the city manager of the City of Petaluma.
'10'
11' H'. "Common area'"for purposes of this chapter means:
12,
1`3 1. Every indoor;or outdoor area of a multi:family residence which resident(s) of more
1.A'. than.o unit i
one vnrt are:entitled to enter.and/;or use, including but not limited to:halls, pathways,
g .
, 15 lobbies, courtyards, elevators; stairs,,communi:ty rooms, playgrounds, gym or health facilities,
16.: swimming pools, parking garages,parking lots, outdoor facilities shared balco nies or porches,
17 • shared restrooms,shared laundry rooms,„shared cooking faciliti'es:and shared eating areas.
): 1.8
19' 2: Every indoor or outdoor area of a commercial'condor inium, business incubator,
20 shopping center, `' p p y business which'owners, employees
or other.commercial real ro ert or
21,.' and/or the public are entitled or invited to enter and/or use as shared space or facilities,
22 including but not limited to halls,walkways, paths, lobbies,:courtyards, elevators, stairs,
i
23 community or conference,;rooms„outdoor,facilities, gyms or health facilities,-swimming pools,
24, parking lots,'parking garages and/or shared restrooms.
25
26' I. "Designated smoking area"'me'ans an area meeting the requirements of section 8.20.090
27" ,of this chapter in which'smoking is permitted, as designated by an''em'ployer, landlord or other
28` person with legal control of the premises.
29
30 : J: Dinin area' means any.area, includi
1 "Dining '' including streets and sidewalks.; that is available to or
31 commonly used by the general public or an employee and which is designated, established or
-32 regularly used for the consumption of food or drink.
33
34 K. "'Duplex"for purposes.of.•this:'chapter means one structure on a single lot containing two
35 dwelling•units with a shared Wall,each of which is functionally separate,from the other.
36
' 37 L E=cigarette",or electronic cigarette means a battery operated device with a cartridge
r,38 filled with nicotine, flavor and other chemicals and/or pharmac'euticals''which emits aerosol or'
39' vapor.
41 M. Em to ee p y f or the°purposes of this chapter means any person who is,employed by an
•42 employer in consideration for director indirect monetary wages or profit, any person who
43 volunteers his or her services for a nonprofit entity and any unpaid interns, volunteers or other
44 persons performing services for a business.
45
:46 N. "Employer,"for the purposes,of this chapter, means any person, partnership or
47 corporation, including a municipal corporation, or nonprofit entity that employs the services of
+ ,
48 one or more individual`person receives work or services from an "Employee," as defined
49 herein;whether paid or unpaid.
50
"" 51 0.. "Enclosed area' or"enclosed" means surrounded by a ceiling, floor, and solid walls
'52'' which, except for doors, passageways, and/or windows, extend'from floor to ceiling on all sides.
Page
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•
rt
•
2. P. ' , 'Landlord"means any person Who:owns,property let for residential use; any person who
3 lets,,residential property.and anyp erson,who manages such property; except that ".Landlord"
4 does'not include:a tenant who sublets a unit so long as the tenant-sublessor sublets only a single
unit of Cr`mu ti-family residence. •
7" Q. "Mufti-family residence" for purposes of this chapter means'residential property
8 containing three (3) 'or more units with one or more shared'walls;.'flo ors or ceilings; including but
9 ' not limited to rental'complexes„apartments, residential cooperatives, condominium complexes,
senior citizen residence s, assisted complexes and skilled nursing facilities, "Multi-family
11 residence does not include
12 1. A hotel or motel,that meets the,requirements",in Civil Code §1940(b)(2);
13 2. A mobile home park;
14 3. A campground
15 4. A marina or,port;
16 : 5. A single-family residen.ce;,
17 , 6. A single-family,h;ome with a detached in-law or,second,unit when permitted
p
.
18 pursuant to local ordinance and/or applicable state law. ,
19'
20
21 R New unit" means'a multi-family unit that is issued a certificate or occupancy or final
;22 inspection on or after August 1, 201'3, and also a unit that is leased or rented for the first time on
23 or after August 1, 2013.
24
25 S. , "Nonprofit entity" means any corporation, unincorporated association or other entity S
•26 created for charitable, philanthropic,.educational, char..acter-building,.political, social or other
,27 similar purposes, the net proceeds from the operations.of which are committed to the promotion
28 of the Objectives or ur. oses of the.entit
,,. , � p p entity and not to private gain:A;public agency is not a
29 nonprofit'entity within the meanin,g of this section. '
30
31 T. "Open space" means'any lot or area of land or water.essentially or partially unimproved
32 and set aside, dedicated,,designated or reserved'for public or private use or enjoyment, or for
,: 33 the use and enjoyment,of,owners and occupants of land adjoining or neighboring such open
34 space.
35.
36 U:; 'Person" means any individual,'partnership, cooperative association, private
37 . .c'orporatidh, personal'represen'tative, receiver, trustee, assignee, or any other legal entity.
••38'
�: ' 'x,.39 • V� ,, , "Place Of em p to y nent" means any
enclosed area under the control of a pu,blic,•
49 nonprofit or private employer,which'employees normally frequent during the course;of
41:, emplo,yment;, including, but not limited to,work areas, employee lounges and restrooms,.
.conference a nd classrooms vehicles, taxis, employee,ca,feterias or eating places, and hallways.
43 A private residence is not a place Of employment for purposes of this chapter, unless it is used as
44 a child care or health care facility or"unless it is used for a permitted home occupation having.
`45 One or more employees.'or'which is visited by members of the public twice a month or more.
46
47. W. Public event",,means an event which,;ls•open'to,and'may be attended by the general
public; including but not limited to such events as.farmers' markets, parades, craft fairs,festivals,
49 concerts, performances or other exhibitions, regardless.of any fee or age requirement.
'50
51 X. "Public place'' means'any place, publicly or privately owned, which is open to the
52 general public regardless of any fee or age requirement.
Page 5
•
•
•
2 Y. ' '`Recreation area means any area that is publicly or privately•owned and open to the
3' general public'for recreational purposes; regardless of'any tee or,age requirement.The term
4 `,`Recreation area includes, but pis not limited to parks, picnic areas, playgrounds, sports fields
5 and courts, golf courses walking,paths,,gardens, hiking trails, bike,paths, horseback riding trails,
6 swimming pools, spas,'roller: and ice-skating rinks,•skate'board parks,amusement parks, sports
• 7 ' arenas, and beaches.
8
9 Z. "Restaurant" means any coffee shop, cafeteria,,'sandwich stand'private and public, • ,
10 school cafeteria, and any other eating establishment which gives or Offers for sale food to the
11 p ublic! guests, or employees as Well as,kitchens in which food is prepared on the premises for
42 serving elsewhere, including ca tering facilities, 'except that the terrrit'"restaurant`' shall not
. ,13' include a cocktail lounge or tavern if said cocktail lounge or tavern is a bar as defined herein.
14
'15` AA. ' "Self-service merchandising" means open display of tobacco products and point-of-sale
' 16: • tobacco promotional products that the public has access to without the intervention of an
17. employee.
I. 18, ,
• 19 BB. "Separately ventilated" means equipped with a separate heating,ventilation and air
1. ''20 ' conditioning (HVAC)systen-from the rest of a building and which has direct external exhaust.
, • 21. The separately ventilated urea must also be slightly negatively pressurized to prevent intrusion of
22 smoke into nonsmoking areas.
23'
24 CC. "Service area" means,any publicly or privately owned area;including streets and
;25 sidewalks, that is designed to be used or;is regularly'used by one or more persons to wait for or
.26 receive a service or make a transaction, whether or not such service or transaction involves the
'27 exchange of money. The term "Service area' includes'all bus-stops and Other'facilities of the
28. : Petaluma Transit System. .
.29
30 DD. ' "Smoke" means the gases and particles released into the air by combustion when the
31 apparent or usual purpose of the'c'ombustion is human inhalationOf the resulting combustion
32 products, including but not limited to tobacco smoke, cigarette smoke and aerosol or vapor
33 released by the ignition of e cigarettes. "Smoke" does not include the product of combustion of
•
34 incense or similar products when"used solely for olfactory purposes and not containing tobacco
35 or nicotine.
36.
37 EE. "Smoking" means engaging in an act that generates smoke,including but not limited to
" 38 lighting or possession of'a lighted pipe, cigar, cigarette or hookah water pipe, an operating e=
39 cigarette or a lighted;smoke inhalation device of any kind that generates smoke of any kind;
40 from tobacco or rany other weed or plant.
.41
, 42 FF;; "Sports arena;' enclosed or unenclosed sports pavilions, gymnasiums, health spas,
,. means
43 boxing arenas, swimming pools roller and ice rinks, bowling alleys;,,pool.halls, and other similar
44, ' places where members 6I the' public assemble to engage in physical exercise,
45 participate in athletic competition, or witness sports events.
46
47 GG. "Tobacco products" means tobacco products as defined in Revenue and Taxation
4,5 Code section 301214b)',.as it may be subsequently amended or superseded. including but not
49 limited to all forms-of,cigars,smoking tobacco, chewing tobacco, snuff, and any other articles
50 or products made of'or containing at least 50 percent tobacco, but does not include cigarettes.
51
52
•
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=4 . 1 ,
2 HH. "Tobacco promotional products"'means baseball caps, T=shirts, gym bags, coffee mugs,
3 sunglasses,jackets.and'other Items'which'have tobacco.and/;or cigarette advertising logos,
4 images, characters; messages and themes printed on them. .
5
. 6 II. "Tobacco retailer".means any business, person or governmental entity that operates a
7 store, stand, booth, concession, or other place at which sales of tobacco products and/or
'8 cigarettes are made to purchasers for consurription or use.
.9
10 JJ. "Tobacco Retail Store" Means a tobacco store as defined in Business & Professions Code
•11 section 22962, as it may be subsequently amended or superseded.
12
13 KK. "Unenclosed area" means any area that is not an enclosed area, as defined in this
' . • 14 section.
15
16 LL. "Unit" for the purpose',of this chapter means a personal dwelling space, including those
17 lacking cooking facilities or private plumbing facilities, and includes any associated exclusive
18 enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or
19 patio. "Unit" includes but is not limited to an apartment; a condominium; a townhouse; a room
20 in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a
21 room in a single room occupancy'("SRO") facility.; a room in a homeless shelter; a mobile home;
22 a camper vehicle or tent; a single-family home; and an in-law or second unit.
23
24
MM. "Vendor-assisted" means a at,ore where only an employee has access to the tobacco
-'25 product, assists the customer'by'supplying the product; and'the customer does not take
26. possession of the product until it,is purchased.
27
28 8.20.040 Prohibition of smoking in public places, places of employment and.certain Other areas
29
30 A. Enclosed areas. Smoking is=prohibited in the'enclosed areas'of the following places
31 within the city except in P Laces listed in subsection C below, and except in such places in which
32 smoking is already prohibited by state or federal law, in which case the state or'federal law
33 applies:
34
35. 1. Places of e.mployment.
36 2. Public places, other than bars as defined in this chapter.
I ,
37' 3. Recreation areas.
38 4. Comm on areas.
5.. Duplexes and multi=family residences, as provided in section 8:20.060-::
40 6. : Hotels,,motels and other temporary lodging.
41
42 B. Un,encl,osed areas. Smoking is prohibited in the:unenclosed areas of the following places
,, g p g p
'43 within the'city lirnits of'the city except in such places in which srrioking is already prohibited by
{
,4 ' .
4�;� sta��te�.or, federal'law�,:in which case the state Or federal law,applies:
45
• l• P,ublic,,places, including public plazas.
47. 2." Within 20 feet of a working road or building and construction crew.
48 3 R'ecreation;areas.
49 4. Open space.
50 5. 'Service areas.
51 6. Dining areas.
Page 7.
1 , 7.
Common,areas,,provided-that,a person with legal control over.'a common area
2 may designate a portion.of.t.he unenclosed area of the common area as a designated smoking
3 area if the area meets
:all of the:criteria set out'in'section
4
Public events ,provided,that th,e.event sponsor may designate a portion of-,the ""
, .. 5 �• 8. 1
6 unenclosed area of the public place being use for the event as a designated smoking area if
7 .;, the designated smokin` area°is at leasf 20'feet from.an`
g y portion Of the public place established
:8 for the preparation, service or consumption of food or drink, and at least 100 feet from any
9 ortion.of the ublic lace established a la area'for'chil;dren Or a lace to gather to
p : p p Play p 9
10 witness a concert or similar exhibition; and provided further that smoking is permitted on streets
p
'11 and sidewalks being used`in a traditional capacity as pedestrian or vehicular thorou:ghfares,,.
12 unless otherwise prohibited by this chapter or other law.
13
14 C. Unless otherwise prohibited by law, smoking is not prohibited in the following enclosed
15 areas:
16
17 1. At theatrical produc`tion sites, as part of'the production and not by members of
18. the audience. .
19 ;
20 2., Inside a tobacco retail store if:
21 ,
.'22 • a. The tobacco retail store does n.ot sell edible products, including, for
'23 example,`food, water, or drinks, or allow such Products to be consumed on the
24 business premises;
25 b. The tobac,co retail store prohibits minors from entering the store at all
26 times; and.
:27 c. The premises of the tobacco retail store are'.an independent freestanding
28 building unattached,to any other structure or use..
29'
30 3. Inside a detached', single-family home unless the home is used as a family day
31 care home., a child care or health care facility licensed by the State.of California,and/or for a
32 home occupation which has employees and/or is visited twice a month or more by members of
.33 the public;
,34
.35 4. Inside private vehicles.
36 •
37 : D. Notwithstanding any other provisions of this section, nothing in this chapter prohibits any
38 p• landlord, employe n
, or on-profitentity'with legal control,over'any property or facility
39 from declaring the entire property or facility as nonsmoking and prohibitin.g'smoking on any part
40 of s,u property y.or facility,even if smoking is not otherwise prohibited in that area;,
"41
42 8 2, O,Srv�,okm restrictions in;new.and existing units:in duplexes and:multifamily residences
: 0 05 g°',
1
43 ,
44' A. ' All new units of a,duplex,or multi-family residence are hereby designated nonsmoking
45''I ' ,upits, includinlg,any',associated exclusive=use enclosed areas or unn.enclosedl areas, such as for
46 example, a private balcony, porch, deck, or patio.
481. B. its of a du
' A141 un' plea or multi-family residence that are not new units, including any
d areas or unenclosed areas, such as, for example,a'private '
49 associated'exclusive-use enclosed
50 balcon . . ,. patio
50 r 'y; porch; deck; or are hereby designated nonsmoking units as of January 1', 2014.
, 51
52' C. 'Smoking in a.designated nonsmoking hit is a violation of this chapter.
Page 8
I 7h
1 ' 8.20 06.0 Smoking prohibited in'c;ornmon areas
f rZ'
3 A. Smoking in enclosed common'areas is prohibited.
4:
5 B. . Smoking in an unenclosed common area on orafter August 1, 2013,. other than in a
6, designated smoking area established pursuant to section 8.20.090, is prohibited.
7`
8 8.20.070 Nonsmoking buffer zones
9
,
10 A. In all unenclosed ar
eas where smoking is otherwise permitted, smoking shalt nevertheless
11 be prohibited within 20,feet from any doorway, window, opening, crack, or vent into an
12' enclosed area in whichtsrnoking'is,prohibited, except while,en route to another destination.
13 ,
14 B. In all unenclosed areas where,smoking is otherwise p:er,mitted, smoking shall'.nevertheless .
' 15 • be prohibited within 20 feet from any unenclosed areas in"which smoking is prohibited by this
,16 chapter, except while actively passing on the way to another.destination.
T , ,
18 C. The prohibitions in subdivisions A and B of this section shall not apply 1, to unenclosed areas.
,19 of private residential properties that are not duplexes or multi=family residences.
20
21 D. Smoking is prohibited in unenclosed areas of a duplex or multi-family unit including
22 exclusive-use areas such,as balconies, porches, decks and patios which are within 20 feet from `'
23 any.doorway,window, opening , or Other vent into an enclosed or unenclosed area where
24 smoking is prohibited by this chapter or other law, or by binding agreement relating to the
25 ' ownership, occupancy, or,use of real property, or by designation of a person with legal control
26 over the property.
27
28 8.20:080'Required,and implied lease terms for all new and existing rental units in duplexes and
29 multi-family residences
30
31 A. ' Every lease or other rental agreement for the occupancy of a new unit in a duplex or
32 multi-family residence entered'into, renewed, or continued month-to-month after August 1,
33 2013; and in an existing unit'in a,duplex‘or.multi-family unit entered into renewed or continued
34 month-'to-month after.January 1, 201'.4,-shall'include the terms that provide as follows, on the
35 earliest possible date when such an amendment is allowable by law when providing the
.36, minimum legal notice.'
37
38 1. As of August 1, 2013 for new units and as of January 1, 2014 for,existing units, it is a
,39 mpteriaLbreach Of the'agreement to allow or engage in smoking in the unit, including exclusive
40' use'areas'such as.balconies, porches an:d patios.Such a clause might state, "It'is a material
,.41 breach of this agreement for tenant or any other person subject to the control.of the tenant or
present b' i'nvitation'or permission of the tenant to engage in smokin . in the unit, includin
43 exclusive use areas such as balconies,porches and patios, [as of August 1, 2013 [for new units]
44 or as of January 1, 201,4 [for. existing ,units].]"
45
4 6 2. It is a material breach of the agreement for tenant or any other person subject to
present by. permission tenant to engage in
• smoking in an common area,of the property other than in a designated 7,. the control of the tenant or b invitation or ermission of the
:48. ' g y p p gated outdoor smoking area.
49 such a clause might state, "It is a.material breach of this agreement for tenant or any other
'1 50 person subject to the control'of the tenant or present by invitation or permission of the tenant to
" 51 engage„in smoking in any.common area of the property, except in an outdoor designated
52 smoking area, if one exists.
'
Page-9
ree
atenal,breac;h,of the ag: merit for new units entered intro, renewed or
2 continued month-to-m
Itis,a m'
continu `�
r onth after Augusf 1, 20'13, or for existing units entered into, renewed or
3 continued month-to-month after-January 1, 2014, for tenant or any other person subject to the•4' control'of nt4he'�tenant,:or ppresent:by invita'tion or permission of the tenant to violate any law
5 regulating.smoking while anywhere on the property. Such a clause might state, "It is a material
6 breach of this agreement for tenant or any other person subject to the,control of the tenant or
7 present by linvitation,,.or permission of the tenant to violate any law regulating smoking while
' .`` s: anywhere on the property.
9
1'0 4. All'occupants of a multi-family residence shall be third party,beneficiaries of the
"11 ,smoking provisions of the a:greement..Such a clause might sta:te•, "Other occupants of the
12 property are third-party beneficiaries of those provisions in this agreement that concern smoking,.
13 . As such other occupants of the property may seek to enforce such provisions by any lawful
14 ' ;mean`s, including b., bringing.a civil;action in a'court of law.
, g Y g
15.
16 B. Whether or not a landlord complies with subsections,A(1) through (3) above, the clauses
17. require,d by those subsections shall be incorporated'by operation of law into every agreement .
18. to which subsections-A(1) through (3) above apply and shall become effective as of the earliest
19 possible date on which the landlord could have made the insertions pursuant to subsections
20 A(1) through '(3) above:
21
'22 C. A tenant who breaches�ches a smoking provision of a lease or other rental agreement for the
23 occupancy of a unit in a duplex or multi-family residence, or who knowingly permits any other
24 person subject to the control of the tenant or present by invitation or permission of the tenant,
25 . shall be liable for the breach,to .
26
27 1. The landlord; and
28
29 2. Any occupant of the premises who,is exposed to smoke'or who suffers damages
30 ' as a result of fhe breach.
31
32 D., Failure to enforce:any smoking.provision required by this chapter shall not affect the right
33 to enforce such provision in the future, nor shall a'waiver of any breach constitute a waiver of
34 any subsequent breach or a'waiver`of the provision itself.
3'5
8.20.090 Designated smoking areas
•38 Multi-family residences, duplexes, places of employment, city owned or controlled public
�:.. it the
public may g
area meets all of the follow�in criteria_ smoking is.;perrnitted '..,
p ,�, g
laces �and ublic events ma desi Hate an outdoor area where
g
X41:,
42 A. The area is located at least 20 feet from any unit, enclosed area or common,area where
g - p Y . ._ by binding,agreement relating to the 43 smoking is. rohibi,�ted b this'chapter�or Other law, b bindin� , greernent��:rela ti ,
44 ownership, occupancy, or,use of real property, or by designation of a person with legal control
45 over the premises. A designated smoking area may require modification or elimination as laws
46 . change,as binding agreements are created, and as nonsmoking areas on neighboring
47 premises are established.
48
49 B. ' The area does not include, and is at least 100 feet from, unenclosed areas primarily used
50 by children and unenclosed areas with improvements that facilitate physical activity including,
• 51, ;for example., playgrounds, swimming pools, and school camp us,es;
52
Page 10.
1 C The area°includes,no more than,to
" • ten percent ('1`0%) 'of'the total;unenclosed area of the
2 multi-family residence'for•which it is'de'srgnafed;.
3
4 D. The area has a clearly marked perimeter;
6 E. The area is identified by conspicuous signs;
7
8 F. The area is completely within an unenclosed area;
9
10 G. The area does!not overlap with any enclosed or unenclosed area in which smoking is
11 otherwise prohibited by this chapter or other provisions of thisi code, state or federal law; and,
12
13 H. Notwithstanding anything in this section to the.contrary,the administrative authority may
14 in its discretion establish a designated smoking area in any appropriate location in or on any city
15. owned or operated public place.
16
1'7 8.20.100 Other requirements and prohibitions, signs
1'8;
19 A. No person, landlord; or'employer shall knowingly permit smoking in an area which is
20 under his or her legal or de facto control and in which smoking is prohibited by this chapter,
21 unless otherwise required by State or federal law.
22 , .
23 B. Chapter 8.12 of this code and Penal Code Section 374 prohibit littering citywide.
24
25 C. A person, landlord, or employer who has legal or de facto control of premises in which
26 smoking is prohibited by this chapter shall post on those,premises a clear, conspicuous and
27 unambiguous "No Smoking" or "Smoke-free" sign at eye level at each point of ingress to the
28 area where smoking is prohibited, and in at least one other conspicuous,point within that area
29 "No Smoking" signs are not required inside or at doorways of designated nonsmoking units,
30 except in hotel or motel guestrooms. The signs shall not exceed five (5) square feet in area;shall
31 have fetters of no less than one inch in height and shall`include the international "No Smoking"
32 symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle
33 with a red bar across it). Signs posted on the exterior of buildingslo comply with this section shall
34 include any buffer zone requirement set forth in section 8 20:070. At least one sign with the
' 35' phone number to which complaints''can be directed must be conspicuously posted in each
36 p'lace.in which smoking is prohibited; For purposes of this section, the administrative authority
37 shall be responsible for the posting of signs required in facilities owned or leased in whole or in
38 part by the city, in such locations as may be determined by and"'in the sole discretion of the
39 administrative authorit . Notwithstanding this provision, the presence or absenc:e of signs.shall
4.0•; riot�,be'a defense to a
, charge,of smoking in violation of any other provision of this tehap�ter.' •.
4,1,
42 D. No person,;landlord, or employer shall intimidate, threaten any reprisal,or effect any
43 reprisal, for fhe purpose of retaliating against another person who seeks to attain compliance
44 with this chapter.
45
46 8.20.110 Additional requirements for employers.
47
48, A. Each employer, as defined in this chapter having an enclosed place of employment
49 located within the city and not'otherwise exempt from this chapter shall adopt, implement,
50 make known and maintain a written smoking policy which complies with the requirements of this
51 chapter, including but not limited to written notification of prohibited smoking areas.
52
Page 1.1
1 B. written g policy shall be;communicated to all employees t least-annually,
smoking
.2 and all em oyers hall,supply a written copy of the'smoking policy to all existing employees and'
' to,;prospectiive or new employees at..tlh;e'tithe of hiring:
5 8.20.120 Regulati,or .Of'the;manner of sale of tobacco products and cigarettes.
6
7 A. Any person, business, or other establishment which sells cigarettes and other tobacco
8 'products for consumption shall post plainly visible signs at the point of;purchase of tobacco
9 products which state:
1.0
11 "THE SALE OF TOBACCO PRODUCTS OR CIGARETTES TO PERSONS UNDER EIGHTEEN YEARS OF AGE
12 IS PROHIBITED BY LAW. PHOTO ID IS REQUIRED TO PURCHASE TOBACCO"
13
14 The letters of these signs shall be at least one quarter inch high.
15
16 B. No person, business, or:o wner, manager, operator or employee of any business shall sell,
17 offer to'sell or permit to be.,sbld; any tobacco product', cigarette or'tobacco.or.cigarette
18 promotional product to an individual indiyidupr without requesting and examining identification
19' establishing the purchaser's age as eighteen years or greater unless the seller has some
20 reasonable basis for determining the buyer's doe.
. 21
22 C. . It shall be unlawful for any person, business; or tobacco retailer to;sell, permit to be sold,
`,23 or offer for sale any tobacco product,,'cigare'tte or to.bacca or cigareitte promotional product
„24
by means of self-service merchandising or by means other than vendor-assisted sales.
,25 '
26 Standard ten p ack cartons m.0 tons of cigarettes,, lti=package'sof smokeless tobacco, cigars
D. rn
27, and pipe tobacco are exempt from this,:provision so long,as these products.are under constant
'28 direct'sight surveillance of:a store employee. :
29
• p .'cigarette's shall',be deemed to be under.constant'direct sight
30 E. Tobacco, roducts`and ,
31 surveillance of an employee only if the tobacco products and cigarettes themselves (and not
32' just the displays, racks°, shees; kiosks, etc.where the he p roduct s are displayed) are in plain and full
33 view of a store employee;.
34
35 F. No person, business or owner, manager, operator or employee of any business shall sell,
36 offer for sale, or distribute any'tobacco product, cigarette or tobacco.or cigarette promotional
37 product by or from a vending machine or appliance, or any other coin-operated mechanical
38 device designed or used for vending purposes, except for vending machines located within the
39 premises issued an on-sake public premises license for the sale of alcoholic beverages by the
40 , state of California and located fifteen (15) feet or more inside of the entrance to;a,nd within
41, areas of such premises.to which access by minors is prohibited by law.
42
43' 8.20.130 Enforcement,and penalties. •
44
45 A. Any owner manager, operator or employer'loyer of any establishment subject to this chapter
�. p
46 shall have the responsibility to inform any apparent violator, whether public or employee, about
<.,47 . any smoking'restrictions in said establishment.
48.
491. ` B. Enforcement of this chapter shall.be.the responsibility of the city manager or his/her
50 , :designee, herein described as "administrative,authority." •
51
•
•
Page l2
y y.'M1, establishment's undergoing otherwise
1 C. The adrninistrat;ive authocit Erna require, while an e
mandated inspections, a certification from the owner, manager,.operator`o r-,other.lperson
' 3. 'having control of.such'-establishment that all r
equirements of"thislch,aPter'have:been�cornpli;ed
4' with.
5 •
6 D. Any citizen who desires to register a complaint under this chapter may'initiate the
7 complaint with the administrative cauthority. Investigation and enforcementpursuant to any such
8 complaint shall be within the discretion of the administrative authority.
9
g any okin is prohibited by this;chapter and any other violation
. II
11 m bite
.
10
of;this chapter shall be s.rhereby declared to be unlawful.•and'a public nuisance, and provisions '
;, of this 'chapter shall be enforceable,pursuant to chapters l 1.0 through` 1.16 of this code; or by
13 any other Judicial and administrative penalties and remedies available to the city under
• 14: applicable local,State or'federal lavw. Each instance Of smoking in violation of this chapter shall
e
15 constitute a separate violation. For violations other prohibited rohibifed smokin g each day of a
16 continuing violation of this chapter shall constitute a separate violation.The remedies provided
'17 by this:chapter are not intended'to preclude any other remedy available at law or in equity:
-18`.
19 8.20.1,40 Nonretcaliation..
20
hire or,in any manner p ee or applicant for`em,�Lo meet because y retaliate against any
21 No�, erson or employer er shall:dischar e, refuse to
22 employee pp p y such employee or applicant exercises any
.
:23 3 rights afforded by this cha pter, '
24'
`25 8.20.150 Other applicable haws..
•
26
27 This chapter-shall not be in't:erpreted:t,o,permit smoking::Where lifis otherwise restricted by other
„ ;28 applicable laws.
„29.
30 8.20.160 Liberal construction:
:31
32 It is the intention of the city council that this chapter shall be liberally construed to accomplish its
33 remedial objectives and to be compatible with federal and state enactments.
34
C s that adoption this ordin��'nce is exernp#.from the California
35 Section 2. The City ouncil�'fmd
'36 Environmental Quality Ac't'('` QA , :5061 b 3 of the CEQA Guidelines
. C.E �'''�)�; pursuant to Sections l' ( )( )
" 37 (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'.
39
• .40 Section 3 Irany-secti,dn,subsection,sentence, clause;phrase or word of this ordinance is for
41 any reason heldto be unconstitutional; unlawful or otherwise invalid by a court-,of competent
j i " pr , p.ted by state legislation, such decision o;r leg station shall not affect the
42 , unsliction or reem ,
43 validity of the remaining portions of this ordinance. The.City Council,of the City of Petaluma
44 hereby'declares that it would have'passed and adopted this ordinance and each and all
' 45 provisions thereof irrespective of the fact that any one or more of said provisions be declared
46 unconstitutional, unlawful or otherwise invalid.
47
48' Section 4. This ordinance shall become effective thirty (30) days'after the date of its adoption by
49 the Petaluma City Council„and upon the posting of all signs required by California Vehicle Code
50 Section 21 103. '
51
1 1, , Page 13
i r .,
• ..,y once of--a synopsis for the '
�, , . � �.. _. .. , . directed to publish'or.pos;t°..this ordin '
1 Section 5. The City Clerk is hereby di,.
2 period rnanner`,provide,d,by the City Charter��and any other''a,pplicable law.
„ . � eriod and in the. � +
4, p d/public..
INTRODUCED an'd'.ordered posted/published rd,
hed thi's 3 day.,of December, 2012,
5
6 ADOPTED this ddy of January,2013, by the following vote:
,8 • AYES:
9 ,NOES:
'10 ABSENT:
11 ABSTAIN: .
'
' +13
14 David Glass, Mayor
15
16 ,
17
1 ''18 ATTEST; APPROVED AS TO FORM
,19
20
„21 ,
22. • Claire Cooper, City Clerk Eric D'anly, City Attorney
'23 •.24
25
'26 ,
27
, 28
29 ,
30
31
''32 `
34
35
36 , ,
37 ,.
38 ,
39
, , 14o ,
0 41 �,
42, ; . . .
43
_44
45
' 46 '
47
48
49' 50 , '
'
51
52 2030481.1
Page 14
li,