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HomeMy WebLinkAbout21 SMOKING RESTR'S 08-01-94 GENDA____ DATE: AUGUST 1, 1994 NO. 21 8-1-94 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1134t SMOKING RESTRICTIONS RECOMMENDATION: Have second reading by title only an~ adoption of Ordinance No. 1134 (roll call vote). BACKGROUND: The following Ordinance No. 1134 was introduced at the July 18 1994 City Council meeting: ' ORDINANCE NO. 1134 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 2 OF CHAPTER 10FARTICLE 4 OF THE TUSTIN CITY CODE REGARDING SMOKING Valerie Whiteman Chief Deputy City Clerk ] 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 25 1134 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 2 OF CHAPTER i OF ARTICLE 4 OF THE TUSTIN CITY CODE REGARDING SMOKING The City Council of the City of Tustin hereby ordains as follows: Section 1. Part 2 of Chapter 1 of Article 4 of the Tustin City Code is hereby amended to read as follows: PART 2 SMOKING IN PUBLIC PLACES, PLACES OF EMPLOYMENT AND CITY-OWNED, OPERATED OR LEASED FACILITIES 4120 PURPOSE 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, safety and welfare, the declared purpose of this Part 2 is to prohibit the smoking of tobacco, or any other weed or plant, in certain public places and places of employment, except in designated smoking areas, and to prohibit smoking in City-owned operated or leased facilities. 4121 DEFINITIONS For the purpose of this part, the following words and terms shall have the following meanings: (a) "Bar" shall mean any area which is devoted to the serving of alcoholic beverages for consumption on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. (b) (c) "Smoke" or "smoking" shall mean the combustion of tobacco, weeds or plants, in the form of a cigarette, pipe or cigar and shall include the carrying of a lighted pipe, lighted cigar or cigarette. "Public place" shall mean any enclosed area to which the public is invited or in which the public is permitted, other than the ones enumerated in Section 4126 and City- owned, operated, and leased facilities, including but not limited to, retail food production and marketing establishments, retail stores and retail service establishments, elevators, restaurants, theaters, waitir rooms, reception areas, educational facilities, heal facilities and public transportation facilities. ~ private residence is not a public place. ! 2 3 4 5 '7 9 lO 12 13 14 15 16 17 Ig 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1134 Page 2 (d) "Place of employment" shall mean any enclosed area under the control of a public or private employer except the City and the places enumerated in Section 4126, which employees normally frequent during the course of employment, including but not limited to work areas, employee lounges, conference rooms, and employee cafeterias. A private residence is not a place of employment. 4122 PROHIBITIONS (a) No person shall smoke in a public place, or place of employment, except in designated smoking areas. (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 (a) Except where smoking is prohibited by a proprietor, smoking and nonsmoking areas shall be designated in public places and places of employment by proprietors or other persons in charge and signs shall be posted. Where smoking areas are designated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on adjacent nonsmoking areas. However, employers are not required to incur any expense to make structural or other physical modifications in providing smoking and nonsmoking areas. Restaurants covered by the provisions of this part shall designate an adequate amount of seating capacity to meet the demands of nonsmokers and shall inform all patrons that a no smoking section is provided. 4124 OPTIONAL PROHIBITI©N Ail 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 the ones enumerated in Section 4126 shall be designated as a smoking area in its entirety. 4125 POSTING OF SIGNS Signs which designate smoking or no smoking areas shall be clearly, sufficiently and conspicuously posted in every room, building, or other place so covered by this part. No smoking signs shall be specifically placed in retail food production and marketing establishments, including grocery stores and supermarkets open to the public, retail sales and retail service establishments so they are clearly visible to persons upon entering the store, clearly visible to persons in checkout lines, and clearly visible to persons at meat and produce counters. The manner of such posting, including the wording, size, color, design and place of 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 1134 Page 3 posting whether on the walls, doors, tables, counters, stands or elsewhere shall be at the discretion of the owner, operator, manager, or other person having control of such room, building or other place so long as clarity, sufficiency and conspicuousness are apparent in communicating the intent of this part. 4126 EXCEPTIONS (a) Nonsmoking areas are not required to be designated in individual private offices, hotel and motel meeting and assembly rooms rented to guests, areas and rooms while in use for private social functions, private hospital rooms, psychiatric facilities, jails, bars, private residences, restaurants with a seating capacity of less than twenty (20) persons, and establishments devoted to the exclusive sale of tobacco and tobacco related products. (b) Restaurants with a seating capacity of less than twenty (20) persons shall have the options of designating smoking and nonsmoking sections, allowing smoking, or prohibiting smoking throughout the establishment. (c) Any owner or manager of a business or other establishment subject to this part may apply to the City Council for an exemption or modification of the provisions of this part due to unique ¢ unusual circumstances or conditions. 4127 ENFORCEMENT (a) The Director of Community Services shall be responsible for compliance with this part when facilities owned, operated or leased by the City of Tustin are involved. The Director of Community Development shall provide business license applicants with copies of this part. (b) The owner, operator or manager of any facility, business or agency within the purview of this part, and not exempt under Section 4126 shall comply with the requirements to designate smoking and nonsmoking areas and to post signs. Such owner, operator or manager may refuse service to any person who violates this part by smoking in a posted "No Smoking" area. 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 fifty dollars ($50.00) for a first violation and a fine of one hundred dollars ($100.00) for each additional violation of this part within one (1) year. /// /// 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Ordinance No. 1134 Page 4 PASSED AND ADOPTED, at a reHular meetinH of the City Council for the City of Tustin on this day of , 1994. THOMAS R. SALTARELLI, Mayor MARY E. WYNN, City Clerk (T3a)