HomeMy WebLinkAboutOrdinance 1704 N.C.S. 11/30/1987{k"ii rA Pac.''
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~1~~ 90 ~ ,,~ ORDINANCE NO. 1704 N.C.S.
Introduced by Councilman Seconded by Councilman
Larry Tencer Vice Ilrdayor Lynn Woolsey
AN ORDINANCE OF THE CITY OF PETALUMA, STATE OF CALIFORNIA,
AMENDING CHAPTER 8.20 OF THE PETALUMA MUNICIPAL CODE,
REGULATION OF SMOKING IN CERTAIN PUBLIC PLACES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS
Section 1. C
amended to read as
"Sections:
8.20.010
8.20.020
8.20.030
8.20.040
8.20.050
8.20.060
8.20.070
8.20.080
8.20.090
8.20..100
8.20.1.10
8.20.120
8.20.130
hapter 8.20 of the Petaluma Municipal Code is hereby
follows
Title
Findings and Purpose
Definitions
Enforcement
City Owned Facilities
Prohibition of Smoking in Enclosed Places
Places of Employment
Smoking Optional Areas
Posting Requirements
Penalties
Other Applicable Laws
Effective Date
Statutory Severability
8.20.010 Title .
This ordinance shall be entitled "Regulation of Smoking in Certain
Public Places" .
8.20.020 Findings and Purpose
The City Council, City of Petaluma, State of California does hereby
find that
Ord. 1704 NCS 1 of 7
1
(a) Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution, and;
(b) Reliable studies, including by the Surgeon General of the United
States, have shown that breathing sidestream or secondhand smoke is a
significant health hazard; particularly to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function,
including asthmatics and those with obstructive airway disease; and
(c) Health hazards induced. by breathing sidestream or .secondhand
smoke include lung cancer, respiratory infection, decreased exercise
tolerance, decreased respiratory function, bronchoconstriction, and
bronchospasm; and
(d) Nonsmokers with allergies, respiratory diseases and those who
suffer other ill effects of breathing sidestream or secondhand smoke may
experience a loss of job productivity or may be forced to take periodic sick
leave because of adverse reactions to same; and
(e) Persons have a right to a smoke free environment if they desire.
Therefore, the Council finds it in the public interest to regulate
smoking in enclosed places, including places of employment.
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) "Bar" means an area which is devoted to the serving of alcoholic
beverages and in which the service of food is only incidental to the
consumption of such beverages .
(b) "City" means the City of Petaluma, State of California.
(c) "Employee" means any person who is employed by any employer in
consideration for direct or indirect monetary wages or profit.
(d) "Employer" means any person, partnership, corporation, including
municipal corporation, who employs the services of more than four persons.
(e) "Enclosed" means closed in by roof and four walls with
appropriate openings for ingress and egress.
(f) "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. A private residence is not a place of employment
ORD. 1704 NCS 2 2 of 7
for purposes of this chapter, unless it is used as a child care or health
care facility.
(g) "Smoking" means the carrying or holding of a lighted pipe, cigar,
cigarette of any kind, or any other lighted smoking equipment or the
lighting or emitting or exhaling the smoke of a pipe, cigar, or cigarette of
any kind.
(h) "Sports arena" means sports pavilions, gymnasiums, health spas,
boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and
other similar places where members of the public assemble to engage in
physical exercise, participate in athletic competition or witness sports
events.
8.20.040 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) Enforcement of this chapter shall be the responsibility of the City
Manager or his/her designee, herein described as "administrative
authority" .
(c) Any citizen who desires to register a complaint under this chapter
may initiate the complaint with the administrative authority.
8.20.050 City Owned Facilities .
All enclosed facilities and vehicles owned, leased, or operated by the
City of Petaluma or under control of the City Council shall be subject to
the provisions of this chapter.
8.20.060 Prohibition of Smoking in
Smoking shall be prohibited in the
the City of Petaluma:
(a) All enclosed areas available
general public and all businesses patro
not limited to, retail stores, hotels
attorneys' offices and other offices.
Enclosed Places .
following places within all areas of
to and customarily used by the
nized by the public, including, but
and motels, pharmacies, banks,
Ord. 1704 NCS 3
3 of 7
(b) Within all restaurants having seating for 45 or more persons,
provided, however, that this prohibition does not prevent (1) the
designating of a contiguous area within the restaurant that contains no more
than 50$ of the seating capacity of the restaurant as a smoking area, or (2)
the providing of separate rooms designated as smoking areas, so long as
said rooms do not contain more than 50 0 of the seating capacity of the
restaurant.
(c) Waiting rooms, hallways, wards, and semi-private rooms of health
facilities, including, but not limited to, hospitals, clinics, physical therapy
facilities, doctors' offices and dentists' offices, except that health facilities
shall also be subject to the provisions of Section 8.20.070 of this chapter
regulating smoking in places of employment.
(d) Elevators, public restrooms, indoor service lines, buses,
taxicabs, public airports, and other means of public transit under the
authority of the City, and in ticket, boarding, and waiting areas of public
transit depots; provided, however, that this prohibition does not prevent
(1) the establishment of separate waiting areas for smokers and
nonsmokers, or (2) the establishment of at least 50$ of a given waiting area
as anon-smoking area.
(e) In public areas of museums and galleries.
(f) Enclosed theaters, auditoriums, and halls which are used for
motion pictures, stage dramas and musical performances; ballets or other
exhibitions, except when smoking is part of any such production, unless
operated under the jurisdiction of the State of California or the County of
Sonoma.
(g) Enclosed sports arenas and convention halls; provided however,
that this prohibition does not prevent the designation of smoking areas not
to exceed 500 of the seating capacity and floor space.
(h) Retail food marketing establishments, including grocery stores and
supermarkets, except those areas of such establishments set aside for the
serving of food and drink., restrooms and offices, and areas thereof not
open to the public, which may be otherwise regulated by the chapter.
(i) Notwithstanding any other provision of this chapter, any owner,
operator, manager or other person who controls any establishment subject
to this chapter may declare that entire establishment as a nonsmoking
establishment.
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Ord. 1704 1dCS 4 of 7
8.20.070 Places of Employment.
(a) It shall be the responsibility of employers having five or more
employees to provide smoke-free areas for nonsmokers within existing
facilities .
(b) By April lst, 1988, each employer and each place of employment
located within the City of Petaluma, shall adopt, implement, make known to
employees and public, and maintain a written smoking policy, which shall
contain at a minimum the following requirements:
(1) Prohibition of smoking in conference and meeting rooms,
classrooms, auditoriums, restrooms, medical facilities and elevators.
(2) Any employee in a place of employment shall be given the
right to designate his/her immediate work area as a non-smoking area and
to post the same with an appropriate sign or signs, to be provided by the
employer. The policy adopted by the employer shall include a reasonable
definition of the term "immediate work area" .
a. In any dispute arising under this smoking policy,
the rights of the non-smoker shall be given preference.
(c) Provision and maintenance of a separate and contiguous
non-smoking area of not less than 50 0 of the seating capacity and floor
space in cafeterias, lunchrooms and employee lounges.
(d) The smoking policy shall be communicated to all employees within
three weeks of its adoption, and at least annually thereafter. All new
employees shall be informed of the policy during initial orientation and in no
case later than three weeks after employment.
(e) Notwithstanding the provisions of subsection (a) of this section,
every employer shall have the right to designate any place of employment,
or portion thereof, as anon-smoking area.
8.20.080 Smoking Optional Areas.
Notwithstanding any other provisions of this chapter to the contrary,
the following areas shall not be subject to the smoking restrictions of this
article
(a) Private residences, unless said residence is used as a child care
or a health care facility;
(b) Bars;
(c) Hotel or motel rooms rented to guests;
ORD 1704 NCS 5 5 of 7
(d) Retail stores that deal exclusively in the sale of tobacco and
smoking paraphernalia;
(e) Restaurants, hotel and motel conference or meeting rooms, and
public and private assembly rooms while these places are being used for
private functions;
(f) Restaurants with seating for less than 45 persons.
(g) Any structure or property under the control of another publicly
elected body such as school facilities, the fairgrounds, or Petaluma Valley
Hospital.
8.20.090 Posting Requirements .
"Smoking" or "No Smoking" signs, whichever are appropriate, with
letters of not less than one inch in height or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a red bar across it) shall be clearly,
sufficiently and conspicuously posted in every building or other place where
smoking is controlled. by this chapter, by the owner, operator, manager or
other person having control of such building or other place.
Every restaurant regulated by this chapter shall have posted at its
entrance a sign clearly stating that a nonsmoking section is available, and
where escorted seating is provided, every patron shall be asked as to his
or her preference.
8.20.100 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: properly post signs required hereunder; to provide signs for the use of
employees in designating their areas; to properly set aside "No Smoking"
areas; to adopt a smoking restriction policy; or to comply with any other
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) Any person or business that violates Section 8.20.100,
subsections (a) , (b) , or (c) , or any other provisions of this chapter shall
be guilty of an infraction, punishable by:
(1) A. fine, not exceeding $100.00, for first violation;
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Ord. 1704 NCS 6 of 7
(2) A fine, not exceeding $200.00, fora second violation of this
chapter within one year;
(3) A fine, not exceeding $500.00, for each additional violation
of this chapter within five years.
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.
8.20.130 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.
published
INTRODUCED and ordered this 16 thday of November 1987.
ADOPTED this 30th day of November 1987, by the following vote:
AYES: Sobel, Balshaw, Davis, Tencer, Vice Mayor Woolsey
NOES : Cavanagh, Mayor Hilligoss
ABSENT: 0
Mayor
Approved:
Ci torney
smoking . ord
ORD2(CA)
Ord. 1704 NCS 7 7 of 7