HomeMy WebLinkAbout25 AB-13 02-21-95'AGENDA
Inter-Com
NO. 25
.2-21-95
DATE:
,
FEBRUARY 16, 1995
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
AB-13 (STATE .M/kNDATED SMOKING REGULATIONS)
Attached is a memorandum from the City Attorney concerning the
impact of AB-13 on the City's smoking ordinance. As indicated in
the report, AB-13 supersedes the City's current smoking ordinance,
unless the City Council chooses to modifY the ordinance to exceed
the State's standards.
It is staff's recommendation that:
.1. The CitY Council direct staff to adhere to the
regulations set forth in AB-13.
·
The City's smoking ordinance remain in place until it is
clear there will be no court challenges to AB-13, or
attempts to repeal it. If after a reasonable period of
time it appears that AB-13 will continue to be in place,
then the City Council could repeal the City's smoking
ordinance.
·
The City Council designate Community Development code
enforcement personnel and the Police Department, as
authorized, to enforce AB-13. The Community Development
Department would have primary enforcement responsibility
with the Police Department as backup (i.e. after regular
City business hours).
Attachment
abl.~regs.wah
LAW OFFICES OF
ROURKE, WOODRUFF & SPRADLIN
A PROFrSSlONAL CORPORATION
MEMORANDUM
TO:
William A. Huston, City Manager
City of Tustin
FROM: City Attorney
DATE:
RE:
January 10, 1995
Impact of AB13 on City's Smoking Ordinance/Implementation of AB13
IMPACT OF AB13 ON CITY'S SMOKING ORDINANCE
AB13 became effective January 1, 1995. It generally prohibits smoking in all
enclosed "places of employment". In those areas that are exempted from the definition of
"places of employment" or where smoking is not regulated'pursuant to AB 13, smoking may
be regulated by a local agency, such as the City of Tustin.
In reviewing AB13, it is our opinion that the State law supersedes Tustin's Smoking
Ordinance in its entirety. It is also our opinion, however, that under AB13, the provisions
of Tustin's Ordinance prohibiting smoking in City owned or leased facilities remain viable.
Although AB13 provides for smoking under certain conditions in employer designated break
rooms, AB13 is also specific in stating that it does not require employers to setup such
break rooms. Since the City has not established such employee smoking areas, it is not
required to do.
If the City Council so desires, direction can be given to the City AttOrney to develop
a local ordinance that would regulate smoking in the areas that are specifically excluded
from State regulation under AB13.. Those areas are the exceptions to the definition of place
of employment in AB13 that are listed on Pages 3-6 of the attached "A Guide to
Under. standing AB 13".
IMPLEMENTATION OF AB 13
'AB13 provides for enforcement by local law enforcement agencies, "including, but
not limited to, local health departments, as determined by the local governing body". We
interpret this provision as requiring the City Council to designate the "local law enforcement
agencies" that would be authorized to enforce AB13. In the City of Tustin, police officers
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William A. Huston, City Manager
City of Tustin
January 10, 1995
Page 2
as well as code enforcement officers have "law enforcement" authority. In other words,
..... they are authorized to issue citations. We recommend that'by motion, the City Council
determine whether AB 13 should be enforced in the City of Tustin both by police officers and
code enforcement officers, or' by one or the other.
LOIS E. JE
Enclosure
cc: Valerie Crabill, Deputy City Clerk
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