HomeMy WebLinkAboutORD FOR ADOPTION 11-04-85ORDINANCES FOR ADOPTION
NO. 1
11-4-85
A~EI~A ITEM:
ORDINANCE NO. 949 - AN ORDINANCE OF THE .CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING ARTICLE 4, CHAPTER 1 OF THE TUSTIN
MUNICIPAL CODE BY ADDING PART 2, SECTIONS 4120, 4121, 4122, 4123,
4124, 4125, 4126, 4127, 4128, AND 4129, RELATING TO THE REGULATION OF
SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT
BACKGROUND:
Ordinance No. 949 had first reading by title only and introduction at
the October 21, 1985, City Council meeting.
RECOI~(ENDATION:
M. O. - That Ordinance No. 949 have second reading by title only.
M. O. - That Ordinance No. 949 be passed and adopted. (Roll Call Vote}
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ORDINANCE NO. 949
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING ARTICLE 4, CHAPTER 1 OF
THE TUSTIN MUNICIPAL CODE BY ADDING PART 2,
SECTIONS 4120, 4121, 4122, 4123, 4124, 4125,
4126, 4127, 4128, AND 4129, REI.ATING TO THE
REGULATION OF SMOKING IN PUBLIC PLACES AND
PLACES OF EMPLOYMENT
The City Council of the City of Tustin, California, does
hereby ordain as follows:
Section 1. That Article 4, Chapter 1 of the Tustin
Municipal Code be, and hereby is, amended by adding Part 2,
Sections 4120, 4121, 4122, 4123, 4124, 4125, 4126, 4127, 4128,
and 4129 to read as follows:
"Section-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 article is to prohibit the smoking of
tobacco, or any other weed or plant, in public places
and places of employment, except in designated smoking
areas.
Section 4121. DEFINITIONS. ' (a) "Smoke" or
"smoking" as defined in this chapter shall mean and
include the carrying of a lighted pipe, or lighted
cigar or cigarette of any kind.
(b) "Public place" shall mean any enclosed
area to which the public is invited or in which the
public is permitted, including but not limited to,
retail stores, retail service establishments, retail
food production and marketing establishments,
restaurants, theaters, waiting rooms, reception areas,
educational facilities, health facilities and public
transportation facilities. A private residence is not
a "public place".
(c) "Place of employment" shall mean any
enclosed area under the control of a public or private
employer 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
employ ment"
Section 4122. PROHIBITIONS. No person shall
smoke in a public place or place of employment, except
in designated smoking areas.
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Section 4123. DESIGNATION OF SMOKING AREAS.
(a) Smoking areas may be designated in public places
and places of employment by proprietors or other
persons in charge except in retail stores, retail
service establishments, food markets, public
conveyances, theaters, auditoriums, public assembly
rooms, meeting rooms, restrooms, elevators, pharmacies,
libraries, museums or galleries which are open to the
public or any other place where smoking is prohibited
by law, ordinance or regulation. Where smoking areas
are designated, existing physical barriers and
ventilation systems shall be used to minimize the toxic
effect of smoke in adjacent nonsmoking areas. It shall
be the responsibility of employers to provide smoke-
free areas for nonsmokers to-the maximum extent
possible within existing facilities. Employers are not
required to incur any expense to make structural or
other physical modifications in providing these areas.
An employer who can prove a good faith effort to
develop and promulgate a policy regarding smoking and
nonsmoking in the work place shall be deemed to be in
compliance with this section, provided that a policy
which designates an entire work place as a smoking area
shall not be deemed a good faith effort. Restaurants
covered by the provisions of this article shall desig-
nate an adequate amount of seating capacity to suf-
ficiently meet the demands and shall inform all patrons
that a no smoking section is provided.
Section 4124. OPTIONAL PROHIBITION. Ail managers
and owners of any establishments serving or doing
business with the public may at their discretion post
"No Smoking" signs within various areas of their
businesses and utilize the full right of the provisions
of this chapter. No public place other than the ones
enumerated in Section 4126 shall be designated as a
smoking area in its entirety.
Section 4125. POSTING OF SIGNS. Signs which
designate smoking or no smoking areas established by
this chapter shall be clearly, sufficiently and
conspicuously posted in every room, building or other
place so covered by this chapter. No smoking signs
shall be specifically placed in retail food production
and marketing establishments, including grocery stores
and supermarkets open to the public, 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 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,
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sufficiency and conspicuousness are apparent in
communicating the intent of this chapter.
Section 4126. EXCEPTIONS. (a) No-smoking areas are
not required 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 facili-
ties, jails, bars, and stores that deal exclusively in
tobacco products and accessories and restaurants with
a seating capacity of less than 20 persons.
(b) Restaurants or eating establishments
with a seating capacity of less than 20 persons shall
have the option of designating a no-smoking section or
allowing or prohibiting smoking throughout the estab-
lishment.
(c) Any owner or manager of a business or
other establishment subject to this article may apply
to the City Council for an exemption or modification of
the provisions of this article due to unique or unusual
circumstances or conditions.
Section 4127. ENFORCEMENT AND APPEAL. (a) The
Director of Community Services shall be responsible for
compliance with this chapter when facilities which are
owned, operated or leased by the City of Tustin are
involved. The Director of Community Development shall
provide business license applications with copies of
this article.
(b) The owner, operator or manager of any
facility, business or agency within the purview of this
chapter shall comply herewith. Such owner, operator or
manager shall post or cause to be posted all "No
Smoking" signs required by this chapter. Such owner,
operator or manager shall not allow service to any
person who violates this chapter by smoking in a posted
"No Smoking" area.
(c) It shall be the responsibility of
employers to disseminate information concerning the
provisions of this article to employees.
(d) The provisions of this article
pertaining to places of employment shall not apply
until January 1, 1986.
Section 4128. PENALTIES. Any person who violates
a provision of this chapter by smoking in a public
place or place of employment, other than in a
designated area, shall be guilty of a misdemeanor and,
upon conviction, shall pay a fine not to exceed one
hundred dollars ($100.00) per violation."
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1 ~ 2. This ordinance shall take effect and be in
force on the thirtieth day from and after its passage.
PASSED AND ADOPTED at a regular meeting of the City Council of
3 the City of Tustin held on the day of , 1985.
Atte st:
FRANK H. GREINKE,
Mayor
MARY WYNN
City Clerk
SDA :lw:D: 6/25/85 (16 .lwp)
SDA:lw :R: 8/22/85