HomeMy WebLinkAboutOrdinances 1926 05/17/1993~` 2 ~ IkLS~
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6 ORDINANCE NO. 1926 N.C.S.
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10 Introduced by Seconded by
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15 AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA, STATE OF
16 CALIFORNIA, AMENDING CHAPTER 8.20 OF THE PETALUMA MUNICIPAL
17 CODE, REGULATION OF SMOKING IN CERTAIN PUBLIC PLACES
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19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
20 FOLLOWS:
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23 Section 1. Chapter 8.20 of the Petaluma Municipal Code is hereby amended to read as
24 follows:
25 Sections:
26 8.20.010 Title
27 8.20.020 Findings and Purpose
28 8.20.030 Definitions
29 8.20.040 Enforcement
30 8.20.050 City Owned Facilities
31 8.20.060 Prohibition of Smoking in Enclosed Places
32 8.20.070 Places of Employment
33 8.20.080 Smoking Optional Areas
34 8.20.090 Posting Requirements
35 8.20.100 Penalties
36 8.20.110 Other Application Laws
37 8.20.120 Effective Date
38 8.20.130 Statutory Severability
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40 8.20.01.0 -Title.
41 This ordinance shall be entitled "Regulation of Smoking in Certain Public Places" .
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Ord. 1926 NCS
• 1 8.20.020 -Findings and Purpose.
2 The City Council., City of Petaluma, State of California does hereby find that:
3 (a) Numerous studies have found that tobacco smoke is a major contributor to
4 indoor air pollution; and
5 (b) Reliable studies, including by the Surgeon General of the United States, have
6 shown that breathing sidestream or secondhand smoke is a significant health hazard;
7 particularly to elderly people, individuals with cardiovascular disease, and individuals with
8 impaired respiratory function, including asthmatics and those with obstructive airway disease;
9 and
10 (c) Health hazards induced by breathing sidestream or secondhand smoke include
11 lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function,
12 bronchoconstriction, and bronchospasrn; and
13 (d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill
14 effects of breathing sidestream or secondhand smoke may experience a loss of job productivity
15 or may be forced to take periodic sick leave because of adverse reactions to same; and
16 (e) Persons have a right to a smoke-free environment if they desire.
17 Therefore, the Council finds it in the public interest to regulate smoking in enclosed
18 places, including places of employment.
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20 8.20.030 -Definitions.
21 The following words and phrases, whenever used in this chapter shall be construed as
22 defined in this section, unless it is apparent from the context that they have a different
23 meaning.
24 (a) "Bar" means an area which is devoted to the serving of alcoholic beverages and
25 in which the service of food is only incidental to the consumption of such beverages.
26 (b) "City" means the City of Petaluma, State of California.
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Ord. 1926 NCS
1 ~. "Combination restaurantlbar" means a business in which the income from
2 the sale of alcoholic beverages constitutes at least 60% of the revenue of the business
3 and in which food service is secondary to the operation of the business as a bar.
4 (de) "Employee" means any person who is employed by any employer in
5 consideration for direct or indirect monetary wages or profit.
6 (ed) "Employer" means any person, partnership, corporation, including municipal
7 corporation, who employs the services of more than four persons.
8 (fie) "Enclosed" means closed in by roof and four walls with appropriate openings
9 for ingress and egress.
10 (gf) "Place of Employment" means any enclosed area under the control of a public
11 or private employer which employees normally frequent during the course of employment. A
12 private residence is not a place of employment for purposes of this chapter, unless it is used as
13 a child care or health care facility.
14 (~) "Smoking" means the carrying or holding of a lighted pipe, cigar, cigarette of
15 any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the
16 smoke of a pipe, cigar, or cigarette of any kind.
17 (iii) "Sports arena" means sports pavilions, gymnasiums, health spas, boxing arenas,
18 swimming pools, roller and ice rinks, and other similar places where members of the public
19 assemble to engage in physical exercise, participate in athletic competition or witness sports
20 events.
21 (~}) "Changing ownership" means the assignment, transfer, lease, sublease, sale or
22 purchase by any individual, partnership, corporation, association, or other entity (including
23 principal, parent, or subsidiary) of any interest in any existing restaurant.
24 (k) "Cessation of use " means anv time period of six (61 months or more in
25 which the business is not operational.
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Ord. 1926 NCS
1 8.20.040 -Enforcement.
2 (a) Any owner., manager, operator or employer of any establishment subject to this
3 chapter shall have the responsibility to inform any apparent violator, whether public or
4 employee, about any smoking restrictions in said establishment.
5 (b) Enforcement of this chapter shall be the responsibility of the City Manager or
6 his/her designee, herein described as "administrative authority" .
7 (c) Any citizen who desires to register a complaint under this chapter may initiate
8 the complaint with the administrative authority.
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10 8.20.050 - City-owned Facilities.
11 All enclosed facilities and vehicles owned, leased, or operated by the City of Petaluma
12 or under control of the City Council shall be subject to the provisions of this chapter.
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14 8.20.060 -Prohibition of Smoking in Enclosed Places.
15 Smoking shall be prohibited in the following places within all areas of the City of
16 Petaluma:
17 (a) All enclosed areas available to and customarily used by the general public and
18 all businesses patronized by the public, including, but not limited to, retail stores, hotels and
19 motels, pharmacies, banks, attorneys' offices and other offices.
20 (b) Within all restaurants having seating of 45 or more persons, provided, however,
21 that this prohibition does not prevent (1) the designating of a contiguous area within the
22 restaurant that contains no more than 50% of the seating capacity of the restaurant as a
23 smoking area, or (2) the providing of separate rooms designated as smoking areas, so long as
24 said rooms do not contain more than 50% of the seating capacity of the restaurant. Effective
25 January 1, 1994, all new restaurants and all existing restaurants changing ownership or
26 restaurants experiencing a cessation of use shall be smoke-free establishments..
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Ord. 1926 NCS
- 1 (c) Waiting rooms, hallways, wards, and semi-private rooms of health facilities,
2 including, but not limited to, hospitals, clinics, physical therapy facilities, doctors' offices and
3 dentists' offices, except that health facilities shall also be subject to the provisions of Section
4 8.20.070 of this chapter regulating smoking in places of employment.
5 (d) Elevators, public restrooms, indoor service lines, buses, taxicabs, public
6 airports, and other means of public transit under the authority of the City, and in ticket,
7 boarding, and waiting areas of public transit depots.
8 (e) In public areas of museums and galleries.
9 (f) Enclosed theaters, auditoriums, and halls which are used for motion pictures,
10 stage dramas and musical performances, ballets or other exhibitions, except when smoking is
11 part of any such production, unless operated under the jurisdiction of the State of California or
12 the County of Sonoma.
13 (g) Enclosed sports arenas and convention halls; provided however, that this
14 prohibition does not prevent the designation of smoking areas not to exceed 50% of the seating
15 capacity and floor space.
16 (h) Retail food marketing establishments, including grocery stores and
17 supermarkets, except those areas of such establishments set aside for the serving of food and
18 drink, restrooms and offices, and areas thereof not open to the public, which may be otherwise
19 regulated by the chapter.
20 (i) Notwithstanding any other provision of this chapter, any owner, operator,
21 manager or other person who controls any establishment subject to this chapter may declare
22 that entire establishment as anon-smoking establishment.
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24 8.20.070 -Places of Employment.
25 (a) It shall be the responsibility of employers having five or more employees to
26 provide smoke-free areas for non-smokers within existing facilities.
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Ord. 1926 NCS
1 (b) By April 1, 1988, each employer and each place of employment located within
2 the City of Petaluma, shall adopt, implement, make known to the employees and public, and
3 maintain a written smoking policy, which shall contain at a minimum the following
4 requirements:
5 (1) Prohibition of smoking in conference and meeting rooms, classrooms,
6 auditoriums, restrooms, medical facilities and elevators.
7 (2) Any employee in a place of employment shall be given the right to
8 designate his/her immediate work. area as anon-smoking area and to post the same with an
9 appropriate sign or signs, to be provided by the employer. The policy adopted by the
10 employer shall include a reasonable definition of the term "immediate work area" .
11 a. In any dispute arising under this smoking policy, the rights of the
12 non-smoker shall be given preference.
13 (c) Provision and maintenance of a separate and contiguous non-smoking area of
14 not less than 50% of the seating capacity and floor space in cafeterias, lunchrooms and
15 employee lounges.
16 (d) The smoking policy shall be communicated to alI employees within three weeks
17 of its adoption, and at least annually thereafter. All new employees shall be informed of the
18 policy during initial orientation and in no case later than three weeks after employment.
19 (e) Notwithstanding the provisions of subsection (a) of this section,. every employer
20 shall have the right to designate any place of employment, or portion thereof, as a non-
21 smoking area.
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23 8.20.080 - Smoking_O~tional Areas.
24 Notwithstanding any other provisions of this chapter to the contrary, the following
25 areas shall not be subject to the smoking restrictions of this article:
26 (a) Frivate residences, unless said residence is used as a child care or a health care
27 facility;
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Ord. 1926 NCS
1 (b) Bars;
2 ~ Combination restaurantlbars.
3 (dE) Hotel or motel rooms rented to guests;
4 (ed) Retail stores that deal exclusively in the sale of tobacco and smoking
5 paraphernalia:
6 (fie) Restaurants, hotel and motel conference or meeting rooms, and public and
7 private assembly rooms while these places are being used for private functions;
8 (gf) Restaurants with seating for less than 45 persons, unless such establishment
9 begins business in Petaluma on or after January 1, 1994, or such establishment changes
10 ownership on or after January 1, 1994 or such restaurant experiences a cessation of use;
11 (~) Any structure or property under the control of another publicly elected body
12 such as school facilities, the fairgrounds, or Petaluma Valley Hospitals
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16 .~i~. Bowling centers may allow smoking provided:
17 f~ There shall be no smoking permitted at any time in the lanes, nor
18 within thirty-four L4) eet of the foul line of any lane -and
T9 ~ There is in place and nctionir4g in the bowling center the
20 followin~-:
21 ,(~ ~n HVAClfilter system which filters air within the bowling
22 center at least 10 times every hour: and
23 .~ fl ventilation s,~stem which vents inside air and brings
24 outside air into the bowling center at the rate of at least 4500 cubic feet per minute.
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Ord. 1926 NCS
1 8.20.090 -Posting Requirements.
2 "Smoking" or "No Smoking" signs, whichever is appropriate, with letters of not less
3 than one inch in height or the international "No Smoking" symbol (consisting of a pictorial
4 representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be
5 clearly, sufficiently and conspicuously posted in every building or other place where smoking
6 is controlled by this chapter, by the owner, operator, manager or other person having control
7 of such building or other place.
8 Every restaurant regulated by this chapter shall have posted at its entrance a sign clearly
9 stating that the restaurant is either smoke free or exposes its patrons to secondhand smoke.
10 For eligible restaurants where smoking sections are permitted, every patron shall be asked as
1.1 to his or her preference.
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13 8.20.100 -Penalties.
14 (a) It shall be unlawful for any person who owns, manages, operates or otherwise
15 controls the use of any premises subject to this chapter to fail to: properly post signs required
16 hereunder; to provide signs for the use of employees in designating areas; to properly set aside
17 "No Smoking" areas; to adopt a smoking restriction policy;. or to comply with any other
18 requirements of this chapter.
19 (b) It shall be unlawful for any person to smoke in any area restricted by the
20 provisions of this chapter.
21 (c) Any person or business that violates Section 8.20.1.00, subsections (a), (b), or
22 (c), or any other provisions of this chapter shall be guilty of an infraction, punishable by:
23 (1) A fine, not exceeding $100.00, for first violation;
24 (2) A fine, not exceeding $200.00, for a second violation of this chapter
25 within one year;
26 (3) A fine, not exceeding $500.00, for each additional violation of this
27 chapter within five years.
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Ord. 1926 NCS
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8.20.110 -Other Applicable Laws.
This chapter shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable laws.
8.20.120 -Effective Date.
The provisions of this chapter shall be effective 30 days from and after the date of its
adoption.
$.20.130 -Statutory Severability.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the chapter.
INTRODUCED and ordered published this 17th day of May , 1993.
ADOPTED this day of , 1993, by the following vote:
Mayor
APPROVED AS TO FORM:
City Attorney
After considerable discussion by the Council as to whether or not
this ordinance would be a sufficient improvement over Ord. 1704
NCS and whether or not there would be a negative impact on
Petaluma businesses who would prefer to allow some smoking, it
was moved by Bonnie Nelson and seconded by Carole Barlas to
keep the old ordinance (Ord. 1.704 NCS) in effect.
AYES: Nelson, Barlas, Shea, Hamilton, Vice Mayor
Sobel, Mayor Hilligoss
NOES: Read
ABSENT: None
c:\word5\ord.doc
ent 4/20/93 (fmk)
rev 4/26,5/4,5/6/93 (fmk)
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Ord. 1926 1dCS
AYES : ~~~
NOES : '~'
ABSENT: \~~~
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