HomeMy WebLinkAboutORD 1134 (1994)
I ORDINANCE NO. 1134
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ENDING PART 2 OF
3 CHAPTER 1 OF ARTICLE 4 OF THE TUSTIN CITY CODE
REGARDING SMOKING
4
The City Council of the City of Tustin hereby ordains as
5 follows:
6 Section 1. Part 2 of Chapter 1 of Article 4 of the Tustin
City Code is hereby amended to read as follows:
7
PART 2 SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND.
s CITY-OWNED, OPERATED OR LEASED FACILITIES
9 4120 PURPOSE
]0 Because smoking of tobacco, or any other weed or plant, is a
positive danger to health and a cause of material annoyance,
]] inconvenience, discomfort and a health hazard to those who are
present in confined places, and in order to serve public health,
]2 safety and welfare, the declared purpose of this Part 2 is to
prohibit the smoking of tobacco, or any other weed or plant, in
13 certain public places and places of employment, except in
designated smoking areas, and to prohibit smoking in City-owned,
]4 operated or leased facilities.
]5 4121 DEFINITIONS
]6 For the purpose of this part, the following words and terms
shall have the following meanings:
]7
(a) "Bar" shall mean any area which is devoted to the serving
]8 of alcoholic beverages for consumption on the premises
and in which the serving of food as only incidental to
]9 the consumption of such beverages. Although a restaurant
may contain a bar, the term "bar" shall not include the
20 restaurant dining area.
21 (b) "Smoke" or "smoking" shall mean the combustion of
tobacco, weeds or plants, in the form of a cigarette,
22 pipe or cigar and shall include the carrying of a lighted
pipe, lighted cigar or cigarette.
23
(c) "Public place" shall mean any enclosed area to which the
24 public is invited or in which the public is permitted,
other than the ones enumerated in Section 4126 and City-
25 owned, operated, and leased facilities, including but not
limited to, retail food prQduction and marketing
26 establishments, retail stores and retail 'service
establishments, elevators, restaurants, theaters, waiting
27 rooms, reception areas, educational facilities, health
facilities and public transportation facilities. A
28 private residence is not a public place.
Ordinance No. 1134
Page 2
]
2 (d) "Place of employment" shall mean any enclosed area under
the control of a public or private employer 'except the
3 City and the places enumerated in Section 4126, which
employees normally frequent during the course of
4 employment, including but not limited to work areas,
employee lounges, conference rooms, and employee
5 cafeterias. A private residence is not a place of
employment.
6
4122 PROHIBITIONS
7
(a) No person shall smoke in a public place, or place of
8 employment, except in designated smoking areas.
9 (b) No person shall smoke in any City-owned building or
facility leased or operated by the City.
4123 DESIGNATION OF SMOKING AND NONSMOKING AREAS
1!
(a) Except where smoking is prohibited by a proprietor,
12 smoking and nonsmoking areas shall be designated in public places
and places of employment by proprietors or other persons in charge
13 and signs shall be posted. Where smoking areas are designated,
existing physical barriers and ventilation systems shall be used to
14 minimize the toxic effect of smoke on adjacent nonsmoking areas.
However, employers are not required to incur any expense to make
]5 structural or other physical modifications in providing smoking and
nonsmoking areas. Restaurants covered by the provisions of this
16 part shall designate an adequate amount of seating capacity to
meet the demands of nonsmokers and shall inform all patrons that a
]7 no smoking section is provided.
]8 4124 OPTIONAL PROHIBITION
]9 All managers and owners of any establishments serving or doing
business with the public may at their discretion post "No Smoking'!
~ signs within all areas of their businesses, and utilize the full
rights of the provisions of this part. No public place other than
2] the ones enumerated in Section 4126 shall be designated as a
smoking area in its entirety.
22
4125 POSTING OF SIGNS
23
Signs which designate smoking or no smoking areas shall be
24 clearly, sufficiently and conspicuously posted in every room,
building, or other place so covered by this part. No smoking signs
25 shall be specifically placed in retail food production and
marketing establishments, including grocery stores and supermarkets
26 open-to the public, retail sales and retail service establishments
so they are clearly visible to persons upon entering the store,
27 clearly visible to persons in checkout lines, and clearly visible
to persons at meat and produce counters. The manner of such
28 posting, including the wording, size, color, design and place of
Ordinance No. 1134
Page 3
2 posting whether on the walls, doors, tables, counters, stands or
elsewhere shall be at the discretion of the owner, operator,
3 manager, or other person having control of such room, building or
other place so long as clarity, sufficiency and conspicuousness are
4 apparent in communicating the intent of this part.
5 4126 EXCEPTIONS
6 (a) 'Nonsmoking areas are not required to be designated in
individual private offices, hotel and motel meeting and assembly
7 rooms rented to guests, areas and rooms while in use for private
social functions, private hospital rooms, psychiatric facilities,
s jails, bars, private residences, restaurants with a seating
capacity of less than twenty (20) persons, and establishments
9 devoted to the exclusive sale of tobacco and tobacco related
products.
10
(b) Restaurants with a seating capacity of less than twenty
11 (20) persons shall have the options of designating smoking and
nonsmoking sections, allowing smoking, or prohibiting smoking
]2 throughout the establishment.
]3 (c) Any owner or manager of a business or other establishment
subject to this part may apply to the City Council for an exemption
]4 or modification of the provisions of this part due to unique or
unusual circumstances or conditions.
4127 ENFORCEMENT
16
(a) The Director of Community Services shall be responsible
17 for compliance with this part when facilities owned, operated or
leased by the City of Tustin are involved. The DirectOr of
]8 Community Development shall provide business license applicants
with copies of this part.
19
(b) The owner, operator or manager of any facility, business
20 or agency within the purview of this part, and not exempt under
Section 4126 shall comply with the requirements to designate
21 smoking and nonsmoking areas and to post signs. Such owner,
operator or manager may refuse service to any person who violates
22 this part by smoking in a posted "No Smoking" area.
23 4128 PENALTIES
~ Any person who violates a provision of this part shall be
guilty of an infraction and, upon conviction, shall pay a fine of
25 fifty dollars ($50.00) for a first violation and a fine of one
hundred dollars ($100.00) for each additional violation of this
'26 part within one ( 1 ) year.
27 ///
Ordinance No. 1134
Page 4
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2 PASSED AND ADOPTED, at-a regular meeting of the City Council
for the City of Tustin on this 1st day of August, 1994.
3
THOMAS R. SAL~RELLI, Mayor
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City of ITustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1134
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1134 was duly and
regularly introduced and read at a regular meeting of the City Council
held on the 18th day.of July, 1994, and was given its second reading
and duly passed and adopted at a regular meeting held on the 1st day of
Auqust, 1994, by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Thomas, Worley
COUNCILMEMBER NOES: Doyle
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
ary E. Wynn, Ci~y Clerk .