HomeMy WebLinkAboutOrdinance 2449 N.C.S. 01/28/2013 EFFECTIVE DATE ORDINANCE NO. 2449 N.C.S.
OF ORDINANCE
February 27, 2013
1 Introduced by Seconded by
2
3
4 Gabe Kearney Mike Healy
5
6
7
8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
9 REPEALING CHAPTER 8.20, "REGULATION OF SMOKING IN CERTAIN
10 PUBLIC PLACES," AND ADDING CHAPTER 8.20,
11 "REGULATION OF SMOKING AND TOBACCO SALES,"
12 TO THE CITY OF PETALUMA MUNICIPAL CODE
13
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17 Public Places," is hereby repealed, effective on the effective date of this ordinance, and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 REGULATION OF SMOKING AND TOBACCO SALES
22
23 8.20.010 Title.
24
25 This chapter shall be entitled "Regulation of Smoking and Tobacco Sales."
26
27 8.20.020 Findings and purpose.
28
29 The council of the city of Petaluma hereby finds that:
30
31 A. Numerous studies have found that tobacco smoke is a major contributor to indoor 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 asthmatics and those with obstructive 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,
41
42 C. Since 1992, the United States Environmental Protection Agency ("EPA") has classified
43 secondhand smoke as a Class A carcinogen; and,
44
Ordinance No.2449 N.C.S. Page 1
1 D. Health hazards induced by breathing secondhand smoke include lung cancer,
2 respiratory infection, decreased exercise tolerance, decreased respiratory function,
3 bronchoconstriction and bronchospasm; and,
4
5 E. The adverse effects of secondhand smoke on persons who suffer adverse health effects
6 from breathing secondhand smoke may cause a loss of job productivity, increased absences
7 and use of sick leave and increased costs of providing employee health services; and,
8
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 apartments vacated by tenants who smoke; and,
12
13 G. According to the EPA and the Surgeon General, there is no safe level of exposure to
14 secondhand smoke; and,
15
16 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 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 tobacco vending machines in areas accessible to minors and require warning signs
22 requiring proof of legal age to purchase 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
39 for consumption by patrons on the premises, in which no person under the age of eighteen
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 the
42 sole waiting area nor the sole entrance to the restaurant for dining patrons. The term "bar"
43 excludes the restaurant 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,
48 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
Ordinance No. 2449 N.C.S. Page 2
1 regulated by Section 1596.90 et seq. of the California Health and Safety Code. It does not
2 include a foster home or residential child care facility.
3
4 E. "Cigarette" means cigarettes as defined in Revenue and Taxation Code section 30003,
5 as it may be subsequently amended or superseded.
6
7 F. "City" means the City 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
13 1. Every indoor or outdoor area of a multi-family residence which residents) of more
14 than one unit are entitled to enter and/or use, including but not limited to halls, pathways,
15 lobbies, courtyards, elevators, stairs;community rooms, playgrounds, gym or health facilities,
16 swimming pools, parking garages, parking lots, outdoor facilities, shared balconies or porches,
17 shared restrooms, shared laundry rooms, shared cooking facilities and shared eating areas.
18
19 2. Every indoor or outdoor area of a commercial condominium, business incubator,
20 shopping center, or other commercial real property or business which owners, employees
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,
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" means an area meeting the requirements of section 8.20.090
27 of this chapter in which smoking is permitted, as designated by an employer, landlord or other
28 person with legal control of the premises.
29
30 J. "Dining area" means any area, 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
38 filled with nicotine, flavor and other chemicals and/or pharmaceuticals which emits aerosol or
39 vapor.
40
41 M. "Employee" for the purposes of this chapter means any person who is employed by an
42 employer in consideration for direct or 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 and/or 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.
Ordinance No. 2449 N.C.S. Page 3
1
2 P. "Landlord" means any person who owns property let for residential use, any person who
3 lets, residential property and any person 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
5 unit of a multi-family residence.
6
7 Q. "Multi-family residence" for purposes of this chapter means residential property
8 containing three (3) or more units with one or more shared walls, floors or ceilings, including but
9 not limited to rental complexes, apartments, residential cooperatives, condominium complexes,
10 senior citizen residences, assisted living 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 residence;
17 6. A single-family home with a detached in-law or second unit when permitted
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, 2013, 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
26 created for charitable, philanthropic, educational, character-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 purposes of the entity and not to private gain. A public agency is not a
29 nonprofit entity within the meaning 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 corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
38
39 V. "Place of employment" means any enclosed area under the control of a public,
40 nonprofit or private employer which employees normally frequent during the course of
41 employment, including, but not limited to, work areas, employee lounges and restrooms,
42 conference and classrooms, vehicles, taxis, employee cafeterias 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 is open to and may be attended by the general
48 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.
Ordinance No. 2449 N.C.S. Page 4
1
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 fee or age requirement.The term
4 "Recreation area" includes, but is 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, skateboard 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 public, guests, or employees as well as kitchens in which food is prepared on the premises for
12 serving elsewhere, including•catering facilities, except that the term "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.
18
19 BB. "Separately ventilated" means equipped with a separate heating, ventilation and air
20 conditioning (HVAC) system from the rest of a building and which has direct external exhaust.
21 The separately ventilated area 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 combustion is human inhalation of 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 any other weed or plant.
41
42 FF. "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas,
43 boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls, and other similar
44 places where members of the general 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
48 Code section 30121 (b), 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
Ordinance No. 2449 N.C.S. Page 5
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 consumption 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 ortent; a single-family home; and an in-law or second unit.
23
24 MM. "Vendor-assisted" means a store 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 places 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 employment.
36 2. Public places, other than bars as defined in this chapter.
37 3. Recreation areas.
38 4. Common areas.
39 5. Duplexes and multi-family residences, as provided in section 8.20.060.
40 6. Hotels, motels and other temporary lodging.
41
42 B. Unenclosed areas. Smoking is prohibited in the unenclosed areas of the following places
43 within the city limits of the city except in such places in which smoking is already prohibited by
44 state or federal law, in which case the state or federal law applies:
45
46 1. Public places, including public plazas.
47 2. Within 20 feet of a working road or building and construction crew.
48 3 Recreation areas.
49 4. Open space.
50 5. Service areas.
51 6. Dining areas.
Ordinance No. 2449 N.C.S. Page 6
1 7. Common areas, provided that a person with legal control over a common area
2 may designate a portion of the unenclosed area of the common area as a designated smoking
3 area if the area meets all of the criteria set out in section 8.20.090.
4
5 8. Public events, provided that the event sponsor may designate a portion of the
6 unenclosed area of the public place being use for the event as a designated smoking area if
7 the designated smoking area is at least 20 feet from any 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 portion of the public place established as a play area for children or a place to gather to
10 witness a concert or similar exhibition; and provided further that smoking is permitted on streets
11 and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares,
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 production 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 not 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 tobacco 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 person, landlord, employer, or non-profit entity with legal control over any property or facility
39 from declaring the entire property or facility as nonsmoking and prohibiting smoking on any part
40 of such property or facility, even it smoking is not otherwise prohibited in that area.
41
42 8.20.050 Smoking restrictions in new and existing units in duplexes and multi-family residences
43
44 A. All new units of a duplex or multi-family residence are hereby designated nonsmoking
45 units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for
46 example, a private balcony, porch, deck, or patio.
47
48 B. All units of a duplex or multi-family residence that are not new units, including any
49 associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private
50 balcony, porch, deck, or patio, are hereby designated nonsmoking units as of January 1, 2014.
51
52 C. Smoking in a designated nonsmoking unit is a violation of this chapter.
Ordinance No. 2449 N.C.S. Page 7
1 8.20.060 Smoking prohibited in common areas
2
3 A. Smoking in enclosed common areas is prohibited.
4
5 B. Smoking in an unenclosed common area on or atter 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 areas where smoking is otherwise permitted, smoking shall nevertheless
11 be prohibited within 20 feet from any doorway, window, opening, crack, or vent into an
12 enclosed area in which smoking is prohibited, except while en route to another destination.
13
14 B. In all unenclosed areas where smoking is otherwise permitted, 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.
17
18 C. The prohibitions in subdivisions A and B of this section shall not apply 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, 2014, 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 material breach of the agreement to allow or engage in smoking in the unit, including exclusive
40 use areas such as balconies, porches and 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
42 present by invitation or permission of the tenant to engage in smoking in the unit, including
43 exclusive use areas such as balconies, porches and patios, [as of August 1, 2013 [for new units]
44 or as of January 1, 2014 [for existing units].]"
45
46 2. It is a material breach of the agreement for tenant or any other person subject to
47 the control of the tenant or present by invitation or permission of the tenant to engage in
48 smoking in any common area of the property other than in a designated outdoor smoking area.
49 Such a clause might state, "It is a material breach of this agreement for tenant or any other
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."
Ordinance No. 2449 N.C.S. Page 8
1 3. It is a material breach of the agreement for new units entered into, renewed or
2 continued month-to-month after August 1, 2013; 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 the tenant or present by invitation 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 invitation or permission of the tenant to violate any law regulating smoking while
8 anywhere on the property."
9
10 4. All occupants of a multi-family residence shall be third-party beneficiaries of the
11 smoking provisions of the agreement. Such a clause might state, "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 means, including by bringing a civil action in a court of law."
15
16 B. Whether or not a landlord complies with subsections A(1) through (3) above, the clauses
17 required 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 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 the 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.
35
36 8.20.090 Designated smoking areas
37
38 Multi-family residences, duplexes, places of employment, city owned or controlled public
39 places, and public events may designate an outdoor area where smoking is permitted if the
40 area meets all of the following criteria:
41
42 A. The area is located at least 20 feet from any unit, enclosed area or common area where
43 smoking is prohibited by this chapter or other law, by binding agreement relating to the
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 campuses:
52
Ordinance No. 2449 N.C.S. Page 9
1 C. The area includes no more than ten percent (10%) of the total unenclosed area of the
2 multi-family residence for which it is designated;
3
4 D. The area has a clearly marked perimeter;
5
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 this 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
17 8.20.100 Other requirements and prohibitions, signs
18
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 letters 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 buildings to 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 place 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 authority. Notwithstanding this provision, the presence or absence of signs shall
40 not be a defense to a charge of smoking in violation of any other provision of this chapter.
41
42 D. No person, landlord, or employer shall intimidate, threaten any reprisal, or effect any
43 reprisal, for the 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
Ordinance No. 2449 N.C.S. Page 10
1 B. The written smoking policy shall be communicated to all employees at least annually,
2 and all employers shall supply a written copy of the smoking policy to all existing employees and
3 to prospective or new employees at the time of hiring.
4
5 8.20.120 Regulation 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:
10
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 owner, manager, operator or employee of any business shall sell,
17 offer to sell or permit to be sold, any tobacco product, cigarette or tobacco or cigarette
18 promotional product to an individual 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 age.
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, cigarette or tobacco or cigarette promotional product
24 by means of self-service merchandising or by means other than vendor-assisted sales.
25
26 D. Standard ten pack cartons of cigarettes, multi-packages of smokeless tobacco, cigars
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
30 E. Tobacco products and cigarettes shall be deemed to be under constant direct sight
31 surveillance of an employee only if the tobacco products and cigarettes themselves (and not
32 just the displays, racks, shelves, kiosks, etc. where the products 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-sale 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 and 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 of any establishment subject to this chapter
46 shall have the responsibility to inform any apparent violator, whether public or employee, about
47 any smoking restrictions in said establishment.
48
49 B. Enforcement of this chapter shall be the responsibility of the city manager or his/her
50 designee, herein described as "administrative authority."
51
Ordinance No. 2449 N.C.S. Page 11
1 C. The administrative authority may require, while an establishment is undergoing otherwise
2 mandated inspections, a certification from the owner, manager, operator or other person
3 having control of such establishment that all requirements of this chapter have been complied
4 with.
5
6 D. Any citizen who desires to register a complaint under this chapter may initiate the
7 complaint with the administrative authority. Investigation and enforcementpursuant to any such
8 complaint shall be within the discretion of the administrative authority.
9
10 E. Smoking in any area where smoking is prohibited by this chapter and any other violation
11 of this chapter shall be is hereby declared to be, unlawful and a public nuisance, and provisions
12 of this chapter shall be enforceable pursuant to chapters 1.10 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 law. Each instance of smoking in violation of this chapter shall
15 constitute a separate violation. For violations other than prohibited smoking, 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 8.20.140 Nonretaliation.
20
21 No person oremployer shall discharge, refuse to hire, or in any manner retaliate against any
22 employee or applicant for employment because such employee or applicant exercises any
23 rights afforded by this chapter.
24
25 8.20.150 Other applicable laws.
26
27 This chapter shall not be interpreted to permit smoking where it is 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
35 Section 2. The City Council finds that adoption of this ordinance is exempt from the California
36 Environmental Quality Act ("CEQA"), pursuant to Sections 15061 (b)(3)of the CEQA Guidelines
37 (Title 14, Chapter 3 of the California Code of Regulations) because there is no possibility that the
38 activity may have a significant impact on the environment.
39
40 Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
41 any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
42 jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
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 21103.
51
Ordinance No. 2449 N.C.S. Page 12.
1 Section 5. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the
2 period and in the manner provided by the City Charter and any other applicable law.
3
4 INTRODUCED and ordered posted/published this 3rd day of December, 2012.
5
6 ADOPTED this 2891 day of January 2013 by the following vote:
7
8 AYES: Vice Mayor Albertson, Barrett, Mayor Glass, Harris, Healy, Kearney, Miller
9 NOES: None
10 ABSENT: None
11 ABSTAIN: None
12
13 a 10
14 _/
15 I/ W At/,.
16 David Glass, Mayor
17
18
19
20 ATTEST: APPROVED AS TO FORM:
21 /O X
22
23 �i _� i1/4
24 Claire Cooper, City Clerk Eric Danly, City Attorney
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54 2030481.1
Ordinance No. 2449 N.C.S. Page 13