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Home My WebLink AboutORD FOR ADOPTION 12-16-85ORb.AANCES FOR ADOPTION NO. 1 12-16-85 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, 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 December 2, 1985, City Council meeting. RECO~NDATION: 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) 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 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: 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 certain 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, other than the ones enumerated in Section 4126, including but not limited to, retail food production and marketing establishments, elevators, 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 employment ' . Section 4122. PROHIBITIONS. No person shall smoke in a public place, or place of employment, except in designated smoking areas. _t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 designate an adequate amount of seating capacity to sufficiently meet the demands and shall inform all patrons that a no smoking section is provided. Section 4124. OPTIONAL PROHIBITION. All 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 e ntir ety. 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, 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 private hospital rooms, psychiatric facilities, jails, bars, retail stores, retail service establishments, and restaurants with a seating capacity of less than 20 per son s. (b) The owner, operator or manager of any retail store or retail service establishment shall develop and promulgate a policy regarding smoking and nonsmoking in the retail store or retail service establishment, and the policy shall be clearly, sufficiently and conspicuously posted in a location visible to all persons entering the retail store or retail service establishment. (c) 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 establishment. (d) 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 arti cl e. (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 or notices of policy regarding smoking and nonsmoking in retail stores or retail service establishments required by this chapter. Such owner, operator or manager may refuse 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 an infraction and, upon conviction, shall pay a fine of fifty dollars ($50) for a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 first violation and a fine of one hundred dollars ($100) for each additional violation of this ordinance within one year." Section 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 the City of Tustin held on the day of , 1985. Atte st: Frank H. Greinke, Mayor Mary Wynn, City Clerk JGR:SA:pj: 11/22/85 (16)