HomeMy WebLinkAboutORD 0949 (1985)1 ORDINANCE NO. 949
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING ARTICLE 4, CHAPTER 1 OF
3 THE TUSTIN MUNICIPAL CODE BY ADDING PART 2,
SECTIONS 4120, 4121 , 4122 , 4123 , 4124, 4125,
4 4126, 4127, 4128, AND 4129, RELATING TO THE
REGULATION OF SMOKING IN PUBLIC PLACES AND
5 PLACES OF EMPLOYMENT
6 The City Council of the City of Tustin, California, does
hereby ordain as follows:
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Section 1. That Article 4, Chapter 1 of the Tustin
8 Municipal Code be, and hereby is, amended by adding Part ~2,
Sections 4120, 4121, 4122,~4123, 4124, 4125, 4126, 4127, 4128, and
9 4129 to read as follows:
10 "Section 4120. PURPOSE. Because smoking of tobacco,
or any other weed or plant, is a positive danger to
11 health and a cause of material annoyance, inconvenience,
discomfort and a healrth hazard to those who are present
12 in _Conf~i~ed-"place's~,' and in orider ~to serve public health,
saf'e~y'~an~d~..w.eif~a'~e, the ~declared purpose of this article
13 is'to prohibit the smoking of tobacco, or any other weed
or plant, in certain public places and places of
14 employment, except in designated smoking areas.
15 Section 4121. DEFINITIONS. (a) 'Smoke' or ,smoking'
as defined in this chapter shall mean and include the
16 carrying of a lighted pipe, or lighted cigar or cigarette
of any kind.
17
(b) 'Public place' shall mean any enclosed area to
18 which the public is invited or in which the public is
permitted, other than the ones enumerated in Section
19 4126, including but not limited to, retail food
production and marketing establishments, elevators,
20 restaurants, theaters, waiting rooms, reception areas,
educational facilities, health facilities and public
21 transportation facilities. A private residence is not a
' publ i c pl ace '.
22
(c) 'Place of employment' shall mean any enclosed
23 area under the control of a public or private employer
which employees normally frequent during the course of
24 employment, including but not limited to work areas,
employee lounges, conference rooms, and employee
25 cafeterias. A private residence is not a 'place of
employment ' .
26
Section 4122. PROHIBITIONS. No person shall
27 smoke in a public place, or place of employment, except
in designated smoking areas.
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1 Section 4123. DESIGNATION OF SMOKING AREAS. (a)
Smoking areas may be designated in public places and
2 places of employment by proprietors or other persons in
charge except where smoking is prohibited by law,
3 ordinance or regulation. Where smoking areas are
designated, existing physical barriers and ventilation
4 systems shall be used to minimize the toxic effect of
smoke in adjacent nonsmoking areas. It shall be the
5 responsibility of employers to provide smoke-free areas
for nonsmokers to the maximum extent possible within
6 existing facilities. Employers are not required to incur
any expense to make structural or other physical
7 modifications in providing these areas. An employer who
can prove a good faith effort to develop and promulgate a
8 policy regarding smoking and nonsmoking in the work place
shall be deemed to be in compliance with this section,
9 provided that a policy which designates an entire work
place as a smoking area shall not be deemed a good faith
10 effort. Restaurants covered by the provisions of this
article shall designate an adequate amount of seating
11 capacity to sufficiently meet the demands and shall
inform all patrons that a no smoking section is provided.
12
Section 4124. OPTIONAL PROHIBITION. All managers and
13 owners of any establishments serving or doing business
with the public may at their discretion post 'No Smoking'
14 signs within various areas of their businesses and
utilize the full right of the provisions of this chapter.
15 No public place other than the ones enumerated in Section
4126 shall be designated as a smoking area in its
16 entirety.
17 Section 4125. POSTING OF SIGNS. Signs which designate
smoking or no smoking areas established by this chapter
18 shall be clearly, sufficiently and conspicuously posted
in every room, building or other place so covered by this
19 chapter. No smoking signs shall be specifically placed
in retail food production and marketing establishments,
20 including grocery stores and supermarkets open to the
public, so they are clearly visible to persons upon
21 entering the store, clearly visible to persons in
checkout lines, and clearly visible to persons at meat
22 and produce counters. The manner of such posting,
including the wording, size, color, design and place of
23 posting whether on the walls, doors, tables, counters,
stands or elsewhere shall be at the discretion of the
24 owner, operator, manager, or other person having control
of such room, building or other place so long as clarity,
25 sufficiency and conspicuousness are apparent in
communicating the intent of this chapter.
26
Section 4126. EXCEPTIONS. (a) No-smoking areas are
27 not required in individual private offices, hotel and
motel meeting and assembly rooms rented to guests, areas
28 and rooms while in use for private social functions,
1 private hospital rooms, psychiatric facilities, jails,
bars, retail stores, retail service establishments,
2 and restaurants with a seating capacity of less than 20
persons.
3
(b) The owner, operator or manager of any retail
4 store or retail service establishment shall develop and
promulgate a policy regarding smoking and nonsmoking in
5 the retail store or retail service establishment, and the
policy shall be clearly, sufficiently and conspicuously
6 posted in a location visible to all persons entering the
retail store or retail service establishment.
7
(c) Restaurants or eating establishments with a
8 seating capacity of less than 20 persons shall have the
option of designating a no-smoking section or allowing or
9 prohibiting smoking throughout the establishment.
10 (d) Any owner or manager of a business or other
establishment subject to this article may apply to the
11 City Council for an exemption or modification of the
provisions of this article due to unique or unusual
12 circumstances or conditions.
13 Section 4127. ENFORCEMENT AND APPEAL. (a) The
Director of Community Services shall be responsible for
14 compliance with this chapter when facilities which are
owned, operated or leased by the City of Tustin are
15 involved. The Director of Community Development shall
provide business license applications with copies of this
16 arti cl e.
17 (b) The owner, operator or manager of any facility,
business or agency within the purview of this chapter
18 shall comply herewith. Such owner, operator or manager
shall post or cause to be posted all 'No Smoking' signs
19 or notices of policy regarding smoking and nonsmoking in
retail stores or retail service establishments required
20 by this chapter. Such owner, operator or manager may
refuse service to any person who violates this chapter by
21 smoking in a posted 'No Smoking' area.
22 (c) It shall be the responsibility of employers to
disseminate information concerning the provisions of this
23 article to employees.
24 (d) The provisions of this article pertaining to
places of employment shall not apply until January 1,
25 1986.
26 Section 4128. PENALTIES. Any person who violates a
provision of this chapter by smoking in a public place or
27 place of employment, other than in a designated area,
shall be guilty of an infraction and, upon conviction,
28 shall pay a fine of fifty dollars ($50) for a
1 first violation and a fine of one hundred dollars
($100) for each additional violation of this ordinance
2 within one year."
3 Section 2. This ordinance shall take effect and be in force
on the thirtieth day from and after its passage.
4
PASSED AND ADOPTED at a regular meeting of the City Council
5 of the City of Tustin held on the 16th day of December, 1985.
Frank H. Greinke, Mayor
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Attest: ~
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10 Ma~ry~f~' rk
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STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
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. 949 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 2rid day of December, 1985, and was given its
second reading and duly passed and adopted at a regular meeting held on the 16th
day of December, 1985, by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy, Saltarelli
NOES : COUNCILPERSONS: Greinke
ABSENT: COUNCILPERSONS: None
Summaries published: Dec. 12, 1985
Dec. 26, 1985