HomeMy WebLinkAboutORD FOR ADOPTION 11-18-85AGENDA,,-__
DATE:
November 8, 1985
ORDINANCES FOR ADOPTION
NO. 1
11-18-85
Inter- Corn
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council
Royleen A. White, Director of Community and Administrative Services
ORDINANCE 949
RECOMMENDATION:
Pleasure of the Council.
BACKGROUND:
Attached is a revision of the proposed Ordinance regulating smoking. Due
to the confusion regarding the retail-store provision, the City Attorney's
office has revised that portion of the Ordinance. Under the amended
version, proprietors can designate a smoking area; however, they are not
required to do so.
Royleen A. White, Director
Community and Administrative Services
RAW:ls
L
FROH:
SUBJECT:
Honorable Mayor and Members of the City Council
James G. Rourke, City Attorney
Suzanne Atkins, Deputy City Attorney
Revision of the Proposed Smoking Ordinance
In order to eliminate confusion which has arisen in connec-
tion with the designation of smoking areas in public places
under the City's proposed ordinance regulating smoking in public
places and places of employment, we have revised Section 4123 of
the proposed ordinance. The revision eliminates the listing of
the types of businesses or other public places in which smoking
areas may not. be designated. A copy of the revised ordinance is
attached hereto.
For your information, in summarizing the provisions of the
ordinance, there are certain public places in which smoking is
either prohibited or regulated by state law or county ordinance.
Listed below are the types of places subject to prohibition or
regulation and the source of the prohibition or regulation:
1. Retail pood ~ and M~~i~ ~_~mCnts.
Smoking is prohibited in such establishments, except that an area
may be set aside for employee smoking which is not open to the
public. (California Health and Safety Code Section 25947)
2. Public Assembly Rooms and M~_~ Rooms in ~--
Qwned ]~L~- Not less than fifty (50%) percent of the total
area of the room must be posted for nonsmoking. (California
Health and Safety Code Section 25941)
3. Health ~ and ~. Reasonable efforts must
be made to assign patients to rooms according to the patient's
smoking or nonsmoking preference. Cafeterias or dining areas
within a health facility or clinic must designate not less than
twenty (20%) percent of such cafeteria as nonsmoking.
(California Health and Safety Code Section 25942)
4. Publicly-Owned ~ Open Por The ~ ~ of
~ Motion ~ ~.~ Dramas. Music ]~ Qr AnY
Other ~_~. With the exception of indoor sporting events,
smoking is prohibited, except, in the lobby. (California Health
and Safety Code Section 25943)~
5. 2~ in ~ubliclv-Owned ]~AL~ .... (Capacity is
fifty (50) or more persons.) Post not less than twenty (20%)
percent of a contiguous area as nonsmoking. (California ~ealth
and Safety Code Section 25944.) (NOTE: This Section does not
apply to banquet rooms for private functions, nor to leased
premises where lessee of record on January 1, 1977, had a lease
as operator of a restaurant.)
6. Ora~L~e CouRtv ]~ublic Library. Patron smoking is
prohibited; employee smoking regulated. (Orange County Ordinance
No. 352 8)
As to retail stores, retail service establishments, rest-
rooms, elevators, pharmacies, museums (private), and galleries,
which are defined as public places under this proposed ordinance,
there are currently no federal, state or county ordinances which
preclude smoking in these places and establishments. Many muni-
cipalities have specifically prohibited smoking in some or all of
these public places. Under the City's proposed smoking ordi-
nance, retail stores, retail service establishments, restrooms,
elevators, pharmacies, private museums and galleries are "public
places" and therefore fall Within the ordinance. A proprietor of
such a "public place" may designate smoking areas, as he or she
wishes, or may choose to prohibit all smoking within the public
place. The proprietor may not designate the entire public place
as a smoking area however (Section 4124) under this ordinance.
Insofar as a public place is also a "place of employment" (having
employees in addition to the proprietor), the employer is
required to designate smoking areas for the employees smoking
unless the employer chooses to prohibit all smoking. The
employer may not designate the entire "place of employment" as a
smoking area, however.
I hope the above helps clarify the proposed ordinance. If
you should have any further questions or concerns, please do not
hesitate to contact the undersigned.
SA:lw :R: 11/4/85 (23. pj)
cc: WE
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NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING ARTICLE 4, CHAPTER 1 OF
THE TUSTIN ~3NICIPAL 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
The City Council of the City of Tustin, California, does
hereby ordain as follows:
~ection ~ 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,
inc6nvenience, discomfort and a health hazard to those
who are present in confined places, and in order to
serwe 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. DEFIN!T. IONS. (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 olace" shall mean 'any enclosed
area to which the publi'c is invited or in which the
oublic is oermitte~%,~ incloding but not limited to,
e s ~abl 1 sli~e-n~, retail
~e~-aiI~-s, retail service
~f~oo~}__prod~c~-i'~h~'~nd marketing eS~ablishmen{s,
restaurants, theaters, waiting rooms, reception areas,
educational facilities, health facilities and public
transportation facilities. A private residence is not
a "pub!ic p!ace"
(c) "Place of amp~-oyment" 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 "p!aCe of
employment ".
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 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 pos-
sible within existing facilities. Employers are not
required to incur any expense to make stru~ural 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 .Dost
"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' 4i26 s~a!! be designated as a
smoking area in its entirety.
Section 4!25. POSTING OF SIGNS. Signs which
designate Smoking or no smoking areas established by
this cha~ter shall De clearly, sufficiently and
conspicu~us!y posted in every room, building or other
Diac~ so covered by this chapter. No smoking si~s
~hall De specifically placed in retail food produ~ion
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 i~ 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,
sufficiency .and conspicuousness are apparent in
communicating the intent of this chapter.
Section 4126. EXCEPTIONS. (a) Nc-smoking areas are
not required in individual private offices, hotel and
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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-
! ishm ent.
(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 Develo.~ment shall
provide business license applications with copies of
this article.
(b) The owner, o~erator or manager of any
faci!it~, business or- agen~ 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
.r~rson who violates this chapter by smoking in a posted
"No Smoking" area.
(c) it shall be the responsibility of
emD!oyers to disseminate information concerning the
pr6visions of '~his article to employees.
'(d) The ~rovisions of this article-
pertaining to place's of employment shall not apply
until January !, 1986.
SeCtion 4128. PENALTIES. Any person who violates
a provision of this chapter by smoking in a public
place or ~lace of employment, other than in a
designate~ area, shall be. guilty of a misdemeanor and,
upon conviction, shall pay a fine not to exceed one
hundred dollars ($100.00) per violation."
~ 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
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City of Tustin held
Atte st:
~5%RY WYNN
City Clerk
SDA:lW :D: 6/25/85 (16 .lwp)
SDA:lW :R: 8/12/85
SDA:lW:E: 11/1/85
on the_
_ day of_
FRANK H. GEEINKE,
May o r
, 1985.
November 12, 1985
Councilmember Ronald B. Hoesterey
c/o City Clerk
300 Centennial Way
Tustin, CA 92680
Dear Mr. Hoesterey~
I would like to thank you for your support of the strong smoking
ordinance tentatively approved at your October 21st council
meeting, and I sincerely hope you will continue to support it at
your forthcoming council meeting next Monday regardless of the
strong pressure I am sure you will receive from the Tobacco
Lobby. Again, as with the previous meeting, I am sorry I will be
unable to atte~td this important meeting, as I have a class in
computer programming that night from 7 to 10 p.m.
After 1958, when I was forced to quit work because of the harmful
effect on me of the smoke of other employees, I became
increasingly disillusioned with all levels of government for
their total inability to deal with this important matter. At
first, after the first Surgeon General's report on smoking came
out, I felt sure some effective action would have to be taken.
In the twenty some years since, there has been much talk but very
little effective action. How could the public and especially
government legislators ignore the warning of Surgeon General
Luther Terry many years ago that smoking was directly responsible
for at least 350,000 excess deaths each year? This death toll in
two years far exceeds that of all of our wars. It also dwarfs
the death toll from automobile accidents which has received a
great deal of legislative action in the last few years.
The excuse is often made that people should be free to smoke or
not smoke, and that it is no business of government. They cite
prohibition as an example of the failure of government to control
a ~armful drug, namely alcohol. On the other hand, we spend
enormous sums in trying to enforce the prohibition of other
harmful drugs such as marahuana, heroin, cocaine, etc., even
though the death toll from all of these drugs combined, including
alcohol, is far less than that fron cigerettes alone.
Uhether any one has the right to commit suicide in any manner he
chooses remains a debatable issue, but few would seriously
argue that those intent on suicide have a right to take others
along with them. The demand for strong laws against drunk
driving is an example of this realization. The same should
apply to smoking. A person may have the right to kill himself by
smoking, b~t he has no right to harm or kill those around him by
so doing. There ~s a growing body of substantial evidence that
this is exactly what is actually happening when one is forced to
breath the smoke of others.
By very expensive advertising and lobbying, the To
and Others have been quite effectivo in blockin ebacc° ~nstztute
on the nationai or state '
far i level g ffectiv
_ .ess successful in o',-- ., but fortunately +~_.. ~ e. actzon
~eople on the ~ , v~rcom~ng the ~r~ ._~, ~"~y_nave been
Utmost ~ ..... '~ Level, It i~ r__~,~ss-ruots effort
measure on smokSn~, ~ hope Cha~ Ln near PUCure Z wLiI be
~ h.~ ,~unaay the s~rong eon~ i~he
able Co go bae~ ~o work Lna healthful envSronmen~ Pree o~
tobacco smoRe. Z reai iy need Co do so in Order Co regain a
reasonabie ~Candard o~ iLv~n~ aPter many Year~ oP depr[va~Lon~
SLneereiy your~
b De , 6r .
~j35 North B Street
Tustin, CA 92680
November 1~, 1985
Mayor Frank H. Greinke
c/o City Clerk
300 Centennial Way
Tustin, CA 92680
Dear Mayor Greinke:
I am very sorry to learn that you did not vote for the strong
smoking ordinance tentatively approved at your October 21st
council meeting, but I sincerely hope you will change your mind
and support it at your forthcoming council meeting next Monday in
spite of the strong pressure I am sure you will receive from the
Tobacco Lobby. Again, as with the previous meeting, I am sorry I
will be unable to attend this important meeting, as I have a
class in computer programming that night from 7 to 10 p.m. My
continued support of you in the future will depend strongly on
your support of this important legislation.
After 1958, when I was forced to quit work because of the harmful
effect on me of the smoke of other employees, I became
increasingly disillusioned with all levels of government for
their total inability to deal with this important matter. At
first, after the first Surgeon General's report on smoking came
out, I felt sure some effective action would have to be taken.
In the twenty some years since, there has been much talk but very
little effective action. How could the public and especially
government legislators ignore the warning of Surgeon General
Luther Terry many years ago that smoking was directly responsible
for at least 350,000 excess deaths each year? This death toll in
two years far exceeds that of all of our wars. It also dwarfs
the death toll from automobile accidents which has received a
great deal of legislative action in the last few years.
The excuse is often made that people should be free to smoke or
not smoke, and that it is no business of government. They cite
prohibition as an example of the failure of government to control
a harmful drug, namely alcohol. On the other hand, we spend
enormous sums in trying to enforce the prohibition of other
harmful drugs such as marahuana, heroin, cocaine, etc., even
though the death toll from all of these drugs combined, including
alcohol, is far less than that fron ¢igerettes alone.
Whether any one has the right to commit suicide in any manner he
chooses remains a debatable issue, but few would seriously
argue that those intent on suicide have a right to take others
along with them. The demand for strong laws against drunk
driving is an example of this realization. The same should
apply to smoking. A person may have the right to kill himself by
smoking, but he has no right to harm or kill those around him by
so doing. There is a growing body of substantial evidence, that
this is exactly what is actually happening when one is forced to
breath the smoke of others.
By very expensive advertising and lobbying, the Tobacco Institute
and~ others have been quite effective in blocking effective action
on the national or state level, but fortunately they have been
far less successful in overcoming the grass-roots efforts of the
people on the local level. It is for this reason that it is of
utmost importance that you, Mayor Greinke, ratify this Monday the
strong control measure on smoking. I hope that in the near
future I will be able to go back to work in a healthful
environment free of tobacco smoke. I real ly need to do so in
order to regain a reasonable standard of living after many years
of deprivation!
If you should wish to call me in regard to this matter, you
can reach me almost any day before 11:30 a.m. at 832-332~.
Sincerely yours
ohn T. Sinnette, Jr.
~/135 North B Street
Tustin, CA 92680