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HomeMy WebLinkAboutStaff Report 3.C 07/06/20091 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 3.0 July 6,, 2009 EFFECTIVE DATE ORDINANCE NO. 2336 N.C.S. OF ORDINANCE Introduced by Seconded by AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SPECIFIED PROVISIONS OF CHAPTER 8.20, "REGULATION OF SMOKING IN CERTAIN PUBLIC PLACES," OF THE PETALUMA MUNICIPAL CODE TO PROHIBIT SMOKING IN CITY PARKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Amendments to Chapter 8.20. The provisions of Chapter 8.20, entitled "Regulation of Smoking in Certain Public Places," of the Petaluma Municipal Code that are specified below are hereby amended to read as follows: 8.20.030 Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning. A. "Associated parking area" means any area adjacent to a park that is owned, operated, or maintained by the city and designated for motor vehicle parking by patrons of the park. B. "Bar" means a separate establishment, or a room in a restaurant physically separated by full walls from the rest of the restaurant, which is devoted to the serving of alcoholic 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 restroom facilities 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. C. "Business" means any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. D. "Child care facilities" means any family day care home regulated by Sections 1597.30 and 1597.621 of the California Health and Safety Code and any day care center for children regulated by Section 1596.90 et seq. of the California Health and Safety Code. It does not include a foster home or residential child care facility. E. "City" means the city of Petaluma, county of Sonoma, state of California. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 F. "Employee" means any person who is employed by an employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. G. "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, who employs the services of one or more individual person. H. "Enclosed" means surrounded by a ceiling, floor, and solid walls which, except for doors, passageways, and/or windows, extend from floor to ceiling on all sides. If an enclosed area is divided by internal partial walls or other "office landscaping," it is still, in its entirety, enclosed. I. "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 proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity" within the meaning of this section. J. "Park" means all city parks, community buildings and grounds, athletic facilities, open space areas and other grounds and facilities owned, operated, or maintained by the city for park, recreation or open space purposes. K. "Person" means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. L. "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and classrooms, vehicles, employee cafeterias or eating places and hallways. A private residence is not a place of employment for purposes of this chapter, unless it is used as a child care or health care facility. M. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and any other eating establishment which gives or offers 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. N. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. O. "Self-service merchandising" means open display of tobacco products and point-of-sale tobacco promotional products that the public has access to without the intervention of an employee. P. "Separately ventilated" means being equipped with a separate heating, ventilation and air conditioning (HVAC) system from the rest of the restaurant and building which has direct external exhaust. The separately ventilated area must also be slightly negatively pressurized to prevent backstreaming of smoke into nonsmoking areas of the restaurant and building and must be ventilated at the maximum capacity of the ventilation system. Q. "Service line" means any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money. R. "Smoke or smoking" means the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind, including, but not limited to, tobacco, or any other weed or plant. S. "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, Ordinance No. 2336 N.C.S. Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 pool halls, and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events. T. "Tobacco products" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. U. "Tobacco promotional products" means baseball caps, tee-shirts, gym bags, coffee mugs, sunglasses, jackets and related items which have tobacco advertising logos, images, characters, messages and themes printed on them. V. "Tobacco retailer" means any business, person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use. W. "Vendor -assisted" means a store where only an employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. 8.20.040 Prohibition on smoking in city parks. It shall be unlawful for any person to smoke in any park. This section shall not apply to any associated parking area. 8.20.090 Posting of signs. C. Every park shall have posted signs clearly indicating that smoking is prohibited. 8.20.110 Violations, penalties and enforcement. A. Any owner, manager, operator or employer of any establishment subject to this chapter shall have the responsibility to inform any apparent violator, whether public or employee, about any smoking restrictions in said establishment. B. The city manager shall require while an establishment is undergoing otherwise mandated inspections, a self -certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. C. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this chapter to fail to comply with any requirements of this chapter. D. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter. E. Except as may otherwise be provided by the laws of the State of California, any person or business found to be in violation of any provisions of this chapter shall be guilty of an infraction, punishable by: 1. A fine, not exceeding one hundred dollars, for the first violation; 2. A fine, not exceeding two hundred dollars, for a second violation of this chapter within one year; 3. A fine, not exceeding five hundred dollars for each additional violation of this chapter within five years. F. Smoking in any area where smoking is prohibited by this chapter and any other violation of this chapter constitutes a public nuisance and may be abated as such, and otherwise enforced in accordance with any of the enforcement remedies contained in Chapters 1.10 through 1. 16, and any remedies available under any applicable State or federal statute or pursuant to any other lawful action, prosecuted by the City Attorney in the name of the city. All remedies shall be alternative to or in conjunction with, and not exclusive of, one another. Ordinance No. 2336 N.C.S. Page 3 H 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Section 2. Ordinance Not Subject to CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("CEQA") in accordance with Section 15060(c)(2) of the CEQA Guidelines, (Title 14, Chapter 3 of the California Code of Regulations) in that the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in accordance with section 15060(c)(3) of the CEQA Guidelines in that the activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no potential for resulting in physical change to the environment, either directly or indirectly. Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the 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 that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. Section 4. Said ordinance or a synopsis shall be posted and/or published for the period and in the manner required by City Charter. Section 5. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. INTRODUCED and ordered posted/published this 15th day of June 2009. ADOPTED this -day of July 2009 by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Ordinance No. 2336 N.C.S.