HomeMy WebLinkAbout2015-10-13 - ORDINANCES - 9.50 TOBACCO CONTROL (2)ORDINANCE NO. 15-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, PROTECTING PUBLIC HEALTH, SAFETY, AND
WELL-BEING BY AMENDING CHAPTER 9.50 (TOBACCO CONTROL)
OF THE SANTA CLARITA MUNICIPAL CODE
WHEREAS, electronic smoking devices, or the inhaling and exhaling of vapor, presents a
possible health risk to the public; and
WHEREAS, the City desires to. protect the public health, safety, and welfare of the public in
City buildings and facilities, in the workplace, in public spaces, and in City parks that could be
exposed to electronic smoking devices or vapor; and
WHEREAS, the Santa Clarita Municipal Code currently bans smoking in all City buildings
and facilities, in the workplace, in public spaces, and in City parks, but does not currently address
electronic smoking devices or vapor; and
WHEREAS, the City desires to add electronic smoking devices or vapor to the list of items
that are prohibited; and
WHEREAS, Chapter 9.50 of the Santa Clarita Municipal Code has not been updated since
the enactment of California Labor Code § 6404.5, which prohibits any employer from allowing and
any person from engaging in smoking in an enclosed place of employment; and
WHEREAS, the City desires to amend Chapter 9.50 to conform to State Law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Chapter 9.50. Chapter 9.50 of the Santa Clarita Municipal
Code entitled "Tobacco Control" is hereby amended to read in its entirety as shown in Exhibit A,
which is attached hereto and incorporated herein by this reference.
SECTION 2. If any section, subsection, sentence, clause, phrase, part, or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
The City Council declares that it would have adopted this Ordinance and each section, subsection,
sentence, clause, phrase, part, or portion thereof, irrespective of the fact that any one or more
section, subsections, sentences, clauses, phrases, parts, or portions be declared invalid or
unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this 13'hday of October, 2015.
i
A 'T`TL` C T .
DATE: 10/2/15
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Ordinance 15-08 was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 22nd day of September, 2015. That thereafter, said Ordinance
was duly passed and adopted at a regular meeting of the City Council on the 13'hday of October,
2015, by the following vote, to wit:
AYES: COUNCILMEMBERS : Boydston, Weste, Acosta, Kellar, McLean
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS : None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 15-08
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
Sections:
EXHIBIT A
OF ORDINANCE NO, 15-08
Chapter 9.50
TOBACCO CONTROL
9.50.010 Purpose.
9.50.020 Definitions.
9.50.030 Prohibition of Smoking in City Buildings and City Facilities.
9.50.040 Prohibition on Smoking in Workplaces.
9.50.050 Smoking in Public Places.
9.50.055 Smoking in City Parks.
9.50.060 Posting of Signs.
9.50.065 Tobacco Vending Machines Prohibited.
9.50.070 Violations —Penalties.
9.50.010 Purpose.
A. The City Council finds that numerous studies have shown that tobacco smoke is a major
contributor to indoor air pollution, and that breathing secondhand smoke is a significant health
hazard for several population groups, including elderly people, individuals with cardiovascular
disease, and individuals with impaired respiratory function, including asthmatics and those with
obstructive airway disease.
B. Health hazards induced by breathing secondhand smoke also include lung cancer, respiratory
infection, decreased exercise tolerance, decreased respiratory function, bronchioconstriction, and
bronchospasm. Nonsmokers who suffer allergies, respiratory diseases and other ill effects of
breathing secondhand smoke may experience a loss of j ob productivity or may be forced to take
periodic sick leave because of such adverse reactions.
C. The U.S. Surgeon General has declared that nicotine is as addictive as cocaine or heroin; no
other addictive product or drug, or cancer-causing product or drug is sold. through vending
machines. Further, the U.S. Secretary of Health and Human Services, the U.S. Surgeon General,
and leading voluntary health organizations all recommend the elimination of cigarette vending
machines for health reasons.
D. For all of these reasons, the City Council finds that the provisions of this chapter are essential
to protect the public health, safety, and welfare. (Ord. 94-8, 6/14/94)
9.50.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in
this section:
"Bar" means premises licensed, with any type of license, and maintained and operated for the
selling or serving of alcoholic beverages to the public for consumption on the premises. Food
products may be sold or served incidentally to the sale or service of alcoholic beverages.
"Director" means the Director of Parks, Recreation, and Community Services, or other person
authorized by the Director pursuant to law.
"Electronic smoking device" means any product used to deliver vapor for inhalation. This includes
ever variation or type of such devices, including, but not limited to, electronic cigarettes, electronic
y yl�
cigars, electronic cigarillos, electronic pipes, electronic hookahs, or any other similar products.
This does not include any medical devices such as asthma inhalers or similar equipment, or
vaporizers designed to treat a medical condition by increasing vapor or humidity in a room rather
than via direct inhalation.
"Enclosed area" means all space between a floor and ceiling which is enclosed on all sides by solid
walls. Said walls may be penetrated by windows, doors, or passageways.
"Home occupation" means any use within a dwelling which has been issued a valid home
occupation permit by the City of Santa Clarita.
"Incidental food sales/service" means the sale or service of food products in a bar if said
sales/service constitutes less than twenty-five percent (25%) of the annual gross income of the bar,
an amount higher than twenty-five percent (25%) of sales/service of food products constitutes a .
premises other than a bar.
"Park" means every park, roadside rest, golf course, riding and hiking trail, open space easement to
which the public has an unrestricted right of access and use for park or recreation purposes, and
every other recreation facility owned, managed, or controlled by the City and under the jurisdiction
of the Director.
"Public place" means any enclosed area to which the public is invited or in which the public is
permitted, including, but not limited to, banks, educational facilities, health facilities, shopping
malls, laundromats, public transportation facilities, reception areas, retail food production and
marketing establishments, retail service establishments, retail stores, hotels and motels, theaters,
and waiting rooms.
"Restaurant" means a place which is regularly, and in a bona fide manner, used and kept open for
the serving of meals to guests for compensation, and which has suitable kitchen facilities connected
therewith, containing conveniences for cooking an assortment of foods which may be required for
ordinary meals.
"Retail electronic smoking device store" means a retail establishment utilized primarily for the sale
of electronic smoking device products and accessories, and in which the sale of other products is
merely incidental.
"Retail tobacco store" means a retail utilized primarily for the sale of tobacco products and
accessories, and in which the sale of other products is merely incidental.
"Separate ventilation system" means a system which is exhausted to the outside and negatively
pressurized.
"Smoke or smoking" means holding, carrying, burning, emitting, inhaling, or exhaling the fumes or
vapor of a lighted or activated pipe, cigar, cigarette, electronic smoking device, or any other lighted
smoking equipment used for burning any tobacco product, weed, plant, or any other combustible
substance.
"Tobacco vending machine" means any machine or device designed for or used for the vending of
cigarettes, cigars, tobacco, or tobacco products upon the insertion of coins, bills, trade checks, or
slugs.
"Workplace" shall mean any enclosed area which is normally occupied by two (2) or more
employees of a commercial enterprise, nonprofit entity, or the City of Santa Clarita; or any office
that shares a heating, ventilation, and air conditioning system with a workplace. (Ord. 94-8, 6/14/94;
Ord. 06-9 § 1, 11/28/06)
9.50.030 Prohibition of Smoking in City Buildings and City Facilities.
Without any limitation on Section 9.50.040, it is unlawful for any person to smoke within any
portion of the Santa Clarita City Hall structure which is reserved for City functions or business, or
any other City facilities, out buildings or satellite offices, except where specifically designated.
(Ord. 94-8, 6/14/94)
9.50.040 Prohibition on Smoking in Workplaces.
A. Smoking is prohibited and is unlawful in all workplaces of commercial enterprises, nonprofit
entities and all City -owned and managed buildings and vehicles, including but not limited to open
office areas, shared offices, private offices, hallways, restrooms, escalators, elevators, stairways,
lobbies, reception areas, waiting rooms, classrooms, meeting or conference rooms and auditoriums.
B. On-site workplace cafeterias, lunchrooms, and lounges shall be deemed workplaces and
smoking is prohibited, whether or not such facilities are open to members of the general public.
C. Each commercial enterprise, nonprofit entity, and the City shall comply with these smoking
prohibitions and be responsible for their implementation in the workplace, and "No Smoking" signs
shall be posted in the manner prescribed in Section 9.50.060.
D. Notwithstanding this section, a private residence including either an attached or detached
garage shall not constitute a workplace, except when the residence serves as a child care or health
care facility licensed pursuant to applicable State law. (Ord. 94-8, 6/14/94)
9.50.050 Smoking in Public Places.
A. Except as otherwise provided, it is unlawful for any person to smoke in any public place within
the City of Santa Clarita.
B. Notwithstanding any other provision of this chapter to the contrary, the following areas shall
not be subject to the smoking restrictions of this section:
1. Private residences, except when used as a child care or health care facility licensed
pursuant to applicable State law.
2. Dwellings used for home occupations.
3. Retail tobacco or electronic smoking device stores.
4. A maximum of fifty percent (50%) of the -guest rooms in hotels and motels.
5. Bars and restaurants where explicitly allowed by State law.
6. Conference, banquet, or meeting rooms of private clubs or fraternal organizations when
used exclusively by members or guests of the clubs or organizations. Such clubs and
organizations shall designate, and make available to their employees, nonsmoking areas.
7. An enclosed place of employment which employs only the owner and no other
employee, provided that:
a. The place of employment is not a public place; and
b. The enclosed area containing the place of employment has a separate ventilation
system and does not share a ventilation system with any other enclosed place of
employment or public place.
C. The owner of any area exempted from the provisions of this section by subsection B of this
section may nevertheless designate such an area as a nonsmoking area. If such an area is so
designated, it is unlawful for any person to smoke in such an area. (Ord. 94-8, 6/14/94)
9.50.055 Smoking in City Parks.
Except as otherwise provided, it is unlawful for any person to smoke in any park in the City of
Santa. Clarita. (Ord. 06-9 § 2, 11/28/06)
9.50.060 Posting of Signs.
A. Every owner, operator, manager, or other having control of an enclosed area regulated by this
chapter shall conspicuously post at all exterior entrances to the enclosed area a "No Smoking" sign
or the international "No Smoking" symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a circle with a bar across it).
B. Every owner, operator, manager, or other person having control of a restaurant excepted from
regulation by this chapter shall conspicuously post, visible at all exterior entrances to the enclosed
area, signs indicating that the restaurant allows smoking or does not allow smoking, or does not
allow smoking in certain portions of the restaurant. Said posting shall include a written description
of the smoking policy in effect in said restaurant. (Ord. 94-8, 6/14/94)
9.50.065 Tobacco Vending Machines Prohibited.
No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a
vending machine or appliance, or any other device designated or used for vending purposes. (Ord.
94-8, 6/14/94)
9.50.070 Violations—Penalties.
Any person who violates any provision of, or fails to comply with any requirement of, this chapter
is guilty of an infraction and shall be punished in accordance with Section 1.01.200 of this code.
The City Manager and Code Enforcement Officers of the City are authorized and directed to
enforce the provisions of this chapter. (Ord. 94-8, 6/14/94)