HomeMy WebLinkAboutOrdinances 1956 05/16/1994~~~~~~~~"» ~~~~ ~ ~
~~ ~~~~~~~~~
SEP 1 1994 :~ ~-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
ORDINANCE NO.
Introduced by
Carole Barlas
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA
REPEALING CHAPTER 8.20 OF THE PETALUMA MUNICIPAL CODE IN
ITS ENTIRET'Y AND REPLACING IT WITH A NEW C~IAI'TER 8.20
SMOKING IN PUBLIC PLACES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Petaluma Municipal Code Chapter 8.20 "Regulation of Smoking in Certain
Public Places" is hereby repealed in its entirety and replaced with a new Chapter 8.20 also to be
entitled "Regulation of Smoking in Certain Public Places".
23
24
25
26
27
28
1956 N.C.S.
Seconded by
Jane Hamilton
CHAPTER 8.20
REGUI.ATION OF SNYOKING IN CERTAIN PUBLIC PI,ACES
29 Sections:
30 8.20.010 Title
31 8.20.020 Findings and Purpose
32 8.20.030 Definitions
33 8.20.040 Enforcement
34 8.20.050 City-Owned Facilities
35 8.20.060 Prohibition of Smoking in Enclosed Places
36 8.20.070 Places of Employment
37 8.20.080 Smoking Optional Areas
38 8.20.090 Posting of Signs
39 8.20.100 Regulation of the Manner of Sale of Tobacco Products
40 8.20.110 Penalties
41 8.20.120 Nonretaliation
42 8.20.130 Other Applicable Laws
43 8.20.140 Effective Date
44 8.20.150 Statutory Severability
45 8.20.160 Liberal Construction
Ord. 1956 NCS
' 1 8.20.010 - Title.
2 This Chapter shall be entitled "Regulation of Smoking in Certain Public Places".
3
4 8.20.020 - Findings and Pur~ose.
5 The Council of the City of Petaluma does hereby find that:
6 1. Numerous studies have found that tobacco smoke is a major contributor to indoor
7 air pollution; and
8 2. Reliable studies, including those by the Surgeon General of the United States,
9 have shown that breathing sidestream or secondhand smoke is a significant health hazard;
10 particularly to elderly people, individuals with cardiovascular disease, and individuals with
11 impaired respiratory function, including asthmatics and those with obstructive airway disease;
12 and
13 3. Health hazards induced by breathing sidestream or secondhand smoke include
14 lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function,
15 bronchoconstriction, and bronchospasm; and
16 4. Nonsmokers with allergies, respiratory diseases and those who suffer other ill
17 effects of breathing sidestream or secondhand smoke may experience a loss of job productivity
18 or may be forced to take periodic sick leave because of adverse reactions to same; and
19 5. Persons, particularly employees, have a right to a smoke-free environment if they
20 desire.
21 6. In order to reduce addiction to tobacco products by children and teens, it is in the
22 public interest to:
23 (a) Prohibit self-service sales and self-service displays, racks and shelves of
24 tobacco products;
25 (b) Require the posting of warning signs at the point of purchase stating the
26 legal age of sale and that identification is required to purchase tobacco; and
27 (c) Prohibit tobacco vending machines in areas accessible to minors.
28 Therefore the Council finds it in the public interest to regulate smoking in enclosed
29 places, and regulate sales of tobacco products to minors.
Ord. 1956 NCS
2
` 1 8.20.030 - Definitions.
2 The following words and phrases, whenever used in this chapter, shall be construed as
3 defined in this section, unless it is apparent from the context that they have a different meaning.
4 A. "Bar" means a separate establishment, or a room in a restaurant physically
5 separated by full walls from the rest of the restaurant, which is devoted to the serving of
6 alcoholic beverages for consumption by patrons on the premises, in which no person under the
7 age of 18 years is allowed to enter except to travel to restroom facilities or a non-bar portion of a
8 restaurant and which is separately ventilated from any other area. The bar area must not be the
9 sole waiting area nor the sole entrance to the restaurant for dining patrons.
10 B. "Business" means any sole proprietorship, joint venture, corporation or other
11 business entity formed for profit-making purposes, including retail establishments where goods
12 or services are sold as well as professional corporations and other entities where legal, medical,
13 dental, engineering, architectural or other professional services are delivered.
14 C. "Child care facilities" means any family day care home regulated by Sections
15 1597.30 to 1597.621 of the California lIealth and Safety Code and any day care center for
16 children regulated by Section 1596.90 et seq. of the California Health and Safety Code. It does
17 not include a foster home or residential child care facility.
18 D. "City" means the City of Petaluma, County of Sonoma, State of California.
19 E. "Employee" means any person who is employed by an employer in consideration
20 for directly or indirect monetary wages or profit, and any person who volunteers his or her
21 services for a non-profit entity.
22 F. "Employer" means any person, partnership, corporation, including a municipal
23 corporation, or non-profit entity, who employs the services of one or more individual person.
24 G. "Enclosed" means surrounded by a ceiling, floor, and solid walls which, except
25 for doors, passageways, and/or windows, extend from floar to ceiling on all sides. If an enclosed
26 area is divided by internal partial walls or other "office landscaping", it is still, in its entirety,
27 enclosed.
28 H. "Non-profit Entity" means any corporation, unincorporated association or other
29 entity created for charitable, philanthropic, educational, character-building, political, social or
30 other similar purposes, the net proceeds from the operations of which are committed to the
Ord. 1956 NCS
3
' 1 promotion of the objectives or purposes of the entity and not to private gain. A public agency is
2 not a"non-profit entity" within the meaning of this section.
3 I. "Person" shall mean any individual, partnership, cooperative association, private
4 corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
5 J. "Place of Employment" means any enclosed area under the control of a public or
6 private employer which employees normally frequent during the course of employment,
7 including, but not limited to, work areas, employee lounges and restrooms, conference and
8 classrooms, vehicles, employee cafeterias or eating places and hallways. A private residence is
9 not a place of employment for purposes of this chapter, unless it is used as a child care or health
10 care facility.
11 K. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public
12 school cafeteria, and any other eating establishment which gives or offers for sale food to the
13 public, guests, ar employees as well as kitchens in which food is prepared on the premises for
14 serving elsewhere, including catering facilities, except that the term "restaurant" shall not include
15 a cocktail lounge or tavern if said cocktail lounge or tavern is a"bar" as defined herein.
16 L. "Retail Tobacco Store" means a retail store utilized primarily for the sale of
17 tobacco products and accessories and in which the sale of other products is merely incidental.
18 M. "Self-service merchandising" means open display of tobacco products and point-
19 of-sale tobacco promotional products that the public has access to without the intervention of an
20 employee.
21 N. "Separately ventilated" means being equipped with a separate heating, ventilation
22 and air conditioning (HVAC) system from the rest of the restaurant and building which has direct
23 external e~aust. The separately ventilated area must also be slightly negatively pressurized to
24 prevent backstreaming of smoke into nonsmoking areas of the restaurant and building and must
25 be ventilated at the maximum capacity of the ventilation system.
26 O. "Service line" means any indoor line at which one (1) or more persons are waiting
27 for or receiving service of any kind, whether or not such service involves the exchange of money.
28 P. "Smoking" means inhaliug, exhaling, burning or carrying any lighted cigar,
29 cigarette, pipe, weed or plant or other combustible substance whose smoke is intended to be
30 inhaled.
Ord. 1956 NCS
4
` 1 Q. "Sports" Arena" means enclosed or unenclosed sports pavilions, gymnasiums,
2 health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, pool halls, and
3 other similar places where members of the general public assemble either to engage in physical
4 exercise, participate in athletic competition, or witness sports events.
5 R. "Tobacco products" means any tobacco cigarette, cigar, pipe tobacco, smokeless
6 tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing,
7 inhalation or other manner of ingestion.
8 S. "Tobacco promotional products" means baseball caps, tee-shirts, gym bags, coffee
9 mugs, sunglasses, jackets and related items which have tobacco advertising logos, images,
10 characters, messages and themes printed on them.
11 T. "Tobacco retailer" mea~is any business, person or governmental entity that
12 operates a store, stand, booth, concession, or other place at which sales of tobacco products are
13 made to purchasers for consumption or use.
14 U. "Vendor-assisted" means a store where only an employee has access to the
15 tobacco product and assists the customer by supplying the product. The customer does not take
16 possession of the product until it is purchased.
17
18 8.20.040 - Enforcement.
19 A. Any owner, manager, operator or employer of any establishment subject to this
20 chapter shall have the responsibility to inform any apparent violator, whether public or
21 employee, about any smoking restrictions in said establishment.
22 B. Enforcement of this chapter shall be the responsibility of the City Manager or
23 his/her designee, herein described as "administrative authority".
24 C. Any citizen who desires to register a complaint under this chapter may initiate the
25 complaint with the administrative authority.
26 D. The City Manager shall require while an establishment is undergoing otherwise
27 mandated inspections, a self-certification from the owner, manager, operator or other person
28 having control of such establishment that all requirements of this chapter have been coniplied
29 with.
Ord. 1956 NCS
5
' 1 8.20.050 - City-Owned Facilities.
2 All vehicles owned, leased or operated wider the authority of the City of Petaluma and all
3 enclosed facilities owned, leased, or operated by the City of Petaluma or otherwise under the
4 control of the Petaluma City Council shall be subject to the provisions of this chapter.
5
6 8.20.060 - Prohibition of Smoking in Enclosed Places.
7 A. Smoking shall be prollibited in all enclosed places within the city limits of
8 Petaluma, including, but not limited to:
9 1. All enclosed areas available to and customarily used by the general public
10 in all businesses and non-profit entities patronized by the public, including, but not limited to,
11 retail stores, common areas and conference rooms in hotels and motels, laundromats, pharmacies,
12 banks, attorneys' offices, restaurants, card parlors, and all areas in enclosed shopping malls
13 inside and outside of retail stores;
14 2. Waiting rooms, hallways, wards, and rooms of health facilities, including,
15 but not limited to, hospitals, clinics, physical therapy facilities, mental health, drug and alcohol
16 treatment facilities, and doctors' and dentists' offices;
17 3. Elevators, public restrooms, indoor service lines, buses, taxicabs, and
18 other means of public transit under the authority of the City, and it ticket, boarding, and waiting
19 areas of public transit depots;
20 4. Aquariums, galleries, libraries and museums;
21 5. Theaters, auditoriums, and halls which are primarily used for exhibiting
22 motion pictures, stage productions, lectures, musical recitals or other similar performances,
23 except when smoking is part of such production;
24 6. Sports arenas, and convention halls;
25 7. Retail food marketing establishments, including grocery stores and
26 supermarkets;
27 8. Restaurants;
28 9. All places of employment;
29 10. Every room, chamber, place of ineeting or public assembly, including
30 school buildings under the control of any board, council, commission, committee including joint
Ord. 1956 NCS
6
~` 1 commiftees, or agencies of the City or any political subdivision of the State during such time as a
2 public meeting is in progress, to the extent such place is subject to the jurisdiction of the City of
3 Petaluma;
4 11. Public schools and other public facilities under the control of another
5 public agency, which are available to and customarily used by the general public, to the extent
6 that the same are subject to the jurisdiction of the City of Petaluma;
7 12. Lobbies, hallways, club houses, and other common areas in apartment
8 buildings, condominiums, senior citizen residences, nursing homes, and other common facilities
9 in multiple residential facilities including, but not limited to, mobilehome parks planned unit
10 developments, etc.;
ll 13. Lobbies, hallways, restrooins, and other common areas in multiple unit
12 commercial facilities;
13 14. Polling plaees.
14 B. Notwithstanding any other provisions of this chapter, any owner, operator,
15 manager or other person who controls any establishment or facility may proliibit smoking within
16 the entire establishment or facility.
17
18 8.20.070 - Places of Em~loyment.
19 A. Within 90 days of the effective date of this chapter, each employer having an
20 enclosed place of employment located within the City of Petaluma shall adopt, implement, make
21 known and maintain a written smoking policy which shall contain the following requirements:
22 1. Smoking shall be prohibited in all enclosed facilities within a place of
23 employment without exception. This includes common work areas, auditoriums, classrooms,
24 conference and meefing rooms, private offices, elevators, hallways, medical facilities, cafeterias,
25 employee lounges, stairs, restrooms, vehicles and all other enclosed facilities.
26 B. The smoking policy shall be communicated to all employees within three weeks
27 of its adoption, and at least annually thereafter and all employers shall supply a written copy of
28 the smoking policy to any existing or prospective employee.
29 C. All employers shall comply with these non-smoking provisions and shall be
30 responsible for their implementation in their places of employment.
ORD. 1956 NCS
7
` 1 D. "No Smoking" signs shall be conspicuously posted at building entrances and in
2 employee lounges, cafeterias and lunchrooms.
3 E. Places of employment exempt from the prohibition on smoking in other sections
4 of this ordinance shall also be exempt from this section.
5
6 8.20.080 - Smoking O~tional Areas.
7 A. Notwithstanding any other provision of this chapter to the contrary, the following
8 areas shall not be subject to the smoking restrictions of this article:
9 1. Private residences, except when used as a child care or health care facility;
10 2. Bars;
11 3. Not more than 50 percent (50%) of rooms rented to guests in any hotel or
12 motel;
13 4. Retail stores that deal primarily in the sale of tobacco products and
14 accessories;
15 5. An enclosed place of employment which employs only the owner and no
16 other employee, provided that:
17 (a) The place of employment is not a public place, and
18 (b) The place of employment does not share a ventilation system with
19 any other enclosed place of employment or public place.
20 B. Notwithstanding any other provision of this section, any owner, operator, manager
21 or other person who co~itrols any establishtnent described in this section may declare that entire
22 establishment as a nonsmoking establishment.
23
24 8.20.090 - Posting of Signs.
25 A. "No-Smoking" signs or the international "No Smoking" symbol (consisting of a
26 pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it)
27 shall be clearly, sufficiently and conspicuously posted in every building, as well as on entrances
28 at eye level, or other place where smoking is regtilated by this chapter, by the owner, operator,
29 manager or other person having control of such building or other place.
Ord. 1956 NCS
8
' 1 B. Every restaurant and mall shall have posted at every entrance a conspicuous sign
2 clearly stating that smoking is prohibited.
3
4 8.20.100 - Re~ulation of the Manner of Sale of Tobacco Products.
5 A. Any person, business, or other establishment which sells cigarettes and other
6 tobacco products for consumption shall post plainly visible signs at the point of purchase of
7 tobacco products which state:
8 "TI~CE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
9 EIGHT~EN ~'~ARS O~' AGE IS PROHIBITED BY LAW. PHOTO ID
10 IS RE~UIRED TO PURCHAS~ TOBACCO"
11 The letters of these signs shall be at least one quarter ('/4") high.
12 B. No person, business, or owner, manager, operator or employee of any
13 establishment shall sell, offer to sell or permit to be sold, any tobacco product to an individual
14 without requesting and examining identification establishing the purchasers age as eighteen years
15 or greater unless the seller has some reasonable basis for determining the buyer's age.
16 C: It shall be unlawful for any person, business, or tobacco retailer to sell, permit to
17 be sold, or offer for sale any tobacco producY or tobacco promotional product by means of self-
18 service merchandising or by means other than vendor-assisted sales.
19 D. Standard 10-pack cartons of cigarettes, multi packages of smokeless tobacco,
20 cigars and pipe tobacco are exempt from this provision so long as these tobacco products are
21 under constant direct sight surveillance of a store employee.
22 E. These tobacco products shall be deemed to be under constant direct sight
23 surveillance of an employee only if the tobacco products themselves (and not just the displays,
24 racks, shelves, kiosks, etc. where the products are displayed) are in plain and full view of a stare
25 employee.
26 F. No person, business or owner, manager, operator or employee of any
27 establishment shall sell, offer for sale, or distribute any cigarette or other tobacco product by or
28 from a vending machine or appliance, or any other coin-operated mechanical device designed or
29 used for vending purposes, except for vending machines located within the premises licensed by
Ord. 1956 NCS
9
` 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
the State of California for on sale liquor sales and located within areas of such premises to which
access by minors is prohibited by law.
8.20.110 - Penalties.
A. 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.
B. It shall be unlawful for any person to smoke in any area restricted by the
provisions of this chapter.
C. Except as may otherwise be, provided by the laws of the State of California (e.g.
Penal Code Section 390 as amended, addressing tobacco sales to minors), any person or business
found to be in violation of any provisions of this chapter shall be guilty of an infraction,
punishable by:
1.
2.
one (1) year;
3.
within five (5) years.
A fine, not exceeding $100, for the first violation;
A fine, not exceeding $20C, for a second violation of this chapter within
A fine, not exceeding $500, for each additional violation of this chapter
8.20.120 - Nonretaliation.
No person or employer shall discharge, refuse to hire, or in any manner, retaliate against
any employee or applicant for employment because such employee or applicant exercises any
rights afforded by this chapter.
8.20.130 - Other A~licable Laws.
This chapter shall not be interpreted to perinit smoking where it is otherwise restricted by
other applicable laws.
Ord. 1956 NCS
10
' 1 8.20.140 - Effective Date.
2 The provisions of this chapter shall be effective September 1, 1994.
3
4 8.20.150 - Statutory Severabilitv.
5 If any section, subsection, sentence, clause or phrase of this chapter is, for any reason
6 held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
7 decision shall not affect the validity of the remaining portions of the chapter.
8
9 8.20.160 - Liberal Construction.
10 It is the intention of the Petaluma City Council that this chapter shall be liberally
11 construed to accomplish its remedial' objectives and to be compatible with federal and state
12 enactments.
13
14 Section 2. If any section, subsection, sentence, clause or phrase or word of this ordinance
15 is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision
16 shall not affect the validity of the remaining portions of this ordinance. The City Council of the
17 City of Petaluma hereby declares that it would have passed and adopted this ordinance and each
18 and all provisions thereof irrespective of the fact that any one or more of said provisions be
19 declared unconstitutional.
20
21 Section 3. If an injunction or any other administrative ar judicial challenge interferes
22 with or prevents the implementation of this ordinance, the Petaluma City Council hereby
23 declares it ordains that said original ordinance shall be continued indefinitely until said challenge
24 is overcome.
25
26 Section 4. The City Clerk is hereby directed to post/publish this ordinance for the period
27 and in the manner required by the City Charter.
28 ///
29 ///
3 0 ///
Ord. 1956 NCS
11
` 1
2
3
4
5
6
7
8
9
~o
11
12
13
14
15
16
17
18
19
20
21
22
INTRODUCED and ordered ~~~/published this 9th day of M
1994.
ADOPTED this 16th day of MA3, , 1994 by the following vote:
AYES: Sobel, Hamilton, Barlas, Shea, Vice Mayor Read
NOES: Mayor Hilligoss
ABSENT: NOne (Nelson resigned 4/4/94) ~''
~
P • ~ •
~. ' % .~
Mayor
ATTEST j-
City Clerk
ord.doc
5/17/94 (fmk)
Ord. 1956 NCS
12