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HomeMy WebLinkAbout1993-12-14 - AGENDA REPORTS - TOBACCO CONTROL ORD (2)AGENDA REPORT City Manager Approval Item to be presented by: ► /((�� Michael P. Murphy M ISM UNFINISHED BUSINESS DATE: December 14, 1993 SUBJECT: Tobacco Control Ordinance DEPARTMENT: Management Services BACKGROUND At the Study Session of September 29,1993, and the regular City Council Meeting of November 23, 1993, the City Council outlined parameters for preparation of a tobacco control ordinance for the City of Santa Clarlta. Upon receipt of testimony from Santa Clarita residents and other Interested parties, the Council requested that the ordinance contain provisions relative to Santa Clarita municipal facilities; places of employment, public places, restaurants, bars, fraternal organizations and private clubs and vending machines. The provisions as outlined by the Council are presented In Santa Clarlta Ordinance 93-20 for Introduction and first reading. The proposed ordinance codifies key provisions of Santa ClaritaPolicy 111.10 which prohibits smoking in City facilities and City vehicles. The ordinance specifically prohibits smoking In those portions of the City Hall building specifically reserved for City functions or business. Ordinance 93.20 prohibits smoking in all work places of commercial enterprises and non-profit entities. The prohibition applies to individual work areas and common areas regardless of whether such areas are open to members of the general public. An exemption to the work place smoking ban Is created for those facilities normally occupied by only one person and not sharing a heating, ventilation and air conditioning system with any other work areas. Smoking in public places Is also prohibited. Public places, as defined in the ordinance, means any enclosed area to which the public is invited or In which the public is permitted. Restaurants are Included within the meaning of public places. Smoking is permitted in free standing bar facilities which derive less than 25% of their annual gross Income from the sale and service of food products. Retail service establishments and retail stores, with the exception of tobacco stores, are also Included within the definition of public places. Fraternal organizations and private clubs are permitted to determine whether or not they will permit smoking In their facilities when the facilities are being used exclusively by members ortheir guests. In an effort to provide some protection for the health of their employees, these facilities must designate and make available to their employees, non-smoking areas. Agenda Item: � -- Page 2 The proposed ordinance requires conspicuous posting of signs at all exterior entrances to the enclosed area. In recognition of the fact that many facilities have already adopted and posted smoking prohibitions, the ordinance respects those existing efforts by not specifying size, shape, color or height placement. All vending machine sales of tobacco products are forbidden under Ordinance 93-20. Undercurrent case law, It Is not possible to limit the placement of vending machines only to those places Inaccessible to minors. It has been the experience of most cities which have a tobacco control ordinance that the provisions of the ordinance are generally self -enforcing. Problems tend to arise out of Ignorance of the existence of the ordinance and are typically resolved in an amicable fashion when the offending party receives accurate Information relative to the provisions of the local ordinance. The Santa Clarita ordinance specifies that violation of the ordinance Is an Infraction. The penalty for violation of the ordinance is consistent with other similar municipal code violations. City Code Enforcement Officers shall be charged with the responsibility of enforcing the provisions of this ordinance. In an effortto minimize misunderstandings of the new ordinance, it is recommended that staff work through the Public Information Office, Chambers of Commerce, Valencia Industrial Association and other appropriate organizations to disseminate the Information relative to the new ordinance. As noted at the last City Council meeting, any entity within the City of Santa Clarita which wishes to Institute a no smoking policy may presently enact such a policy. Introduce Ordinance 93.20, waive further reading and pass to second reading. ATTACHMENT Proposed Santa Clarita Ordinance 93-20 MPKLW1214.md 0 0 ORDINANCE NO. 93-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SANTA CLARITA MUNICIPAL CODE TO ADD A NEW CHAPTER 9.50 TO TITLE 9, HEALTH AND SAFETY, ENTITLED "TOBACCO CONTROL" THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new Chapter 9.50, entitled "Tobacco Control" is hereby added to Title 9, Health and Safety, of the Santa Clarita Municipal Code to read as follows: "Chapter 9.50 TOBACCO CONTROL Sections: 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. 9.50.060 Posting of Signs. 9.50.065 Tobacco Vending Machines Prohibited. 9.50.070 Violations --Penalties. 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, bronchoconstriction, and bronchospasm. Nonsmokers who suffer allergies, respiratory diseases and other ill effects of i..UC:A245.1 - breathing secondhand smoke may experience a lose of job 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 5.50 are essential to protect the public health, safety and.welfare. 5.50.020. Definitions The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: A. '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. B. '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. C. 'Home occupation' means any use within a dwelling which has been issued a valid home occupation permit by the City of Santa Clarita. D. 'Incidental food sales/service' means the sale or service of food products in a bar if said sales/service constitutes less than 25: of the annual gross income of the bar, an amount higher than 25% of eales/service of food products constitutes a premises other than a bar. E. '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, laundromate, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, hotels and motels, theaters and waiting rooms. ux:7329s.1 1 -2- 0 0 F. 'Retail tobacco store' means a retail utilized primarily for the sale of tobacco products and accessories and in which the saleofother products is merely incidental. G. 'Smoke or smoking' means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or plant in any manner or in any form. H. '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. I. 'Workplace' shall mean any enclosed area which is normally occupied by two 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. ?WO. 030. Prohibition of Smoking in City Buildings aLr7d City Fac litiee. Without any limitation on Section 5.50.040, 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.deeignated. . OM .. .t I •: E -.- 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 areae, waiting rooms, classrooms, meeting or conference rooms and auditoriums. B. Onsite workplace cafeterias, lunchrooms, and lounges shall be deemed workplaces and smoking 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 9.50.050. TAX:73293.1 1 -3- 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. 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 stores. 4. A maximum of 50t of the guest rooms in hotels and motels. 5 . Bars. 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, non-smoking areae. 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). No cigarette or other tobacco product may be sold, offered for sale, or distributed by or from a vending machine or TAX:lnzss.i . -4- 0 appliance, or any other device designated orusedfor vending purposes. 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 City Code Enforcement Officers of the City are authorized and directed to enforce the provisions of this Chapter 9.50." 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 sections, subsections, sentences, clauses, phrases, parts or portions. he declared invalid or unconstitutional. SECTION 3. The City Clark shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this day of MAYOR ATTEST: E CITY CLERK t AXM29s.1 - -5- 19_ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) I, , City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the day of , 15 That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of 19_, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK f.AX;73295.1 - 5 - 0 0 Ok