HomeMy WebLinkAbout1993-11-23 - AGENDA REPORTS - TOBACCO CONTROL ORD 93-20 (2)AGENDA REPORT
City Manager Approval
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Item to be presented by:
Michael Murphy
NEW BUSINESS
DATE: November 23, 1993
SUBJECT: Tobacco Control Ordinance 93-20
DEPARTMENT: Management Services
BACKGROUND
At the Study Session of September 29, 1993, the City Council directed that a tobacco control
ordinance be prepared for the City of Santa Clarita. The Council specifically requested that the
ordinance contain provisions relative to Santa Clarlta municipal facilities, places of employment,
public places, restaurants, bars and fraternal organizations and private clubs. The conceptual
provisions as outlined by the City Council are presented in Santa Clarita Ordinance 93-20 for
introduction and first reading.
Ordinance 93.20 is created from the review of ordinances of other jurisdictions, including, but not
limited to those outlined by the City Council on September 29, 1993.
The proposed ordinance codifies key provisions of Santa Clarita City Policy III -10, which prohibits
smoking In City facilities or City vehicles. The ordinance prohibits smoking In those portions of
the City Hall building specifically reserved for City functions or business.
In recognition of the fact that many employers have either eliminated smoking from the work place
or developed guidelines which outline specific no -smoking zones, Ordinance 93.20 contains. .
provisions which encourage, but do not require, employers within the City of Santa Clarita to
establish a written smoking policy. It is the intent of Section 9.50.040 to encourage those
employers who have not yet developed smoking policies to work with their employees In
developing policies which meet the needs of the particular work place under consideration.
The proposed ordinance prohibits smoking in public places. 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 the term 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 exempt from the smoking prohibition only when the
facilities are used exclusively by members and their guests. The club or organization must be
established In the City of Santa Clarita as of January 1, 1994.
Ordinance 93-20 requires posting of signs at all facilities covered underthe ordinance at all exterior
entrances to the facility. f
Continued To:J2 -1 L4- Ag � a iioio: i
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The City Council further outlined a desire to regulate both outdoor advertising of tobacco products
and free distribution of tobacco products within the City limits. The City Is preempted by state law
from enacting ordinances regulating the distribution of cigarettes or smokeless tobacco products.
The state law does, however, prohibit the free distribution of these products in most public places,
Including public buildings, parks, playgrounds and sidewalks.
The City is not able to regulate outdoor advertising of tobacco products as this could be construed
as an Infringement on free speech.
The City of Santa Clarita Is a charter member of the California Healthy Cities Project. The Healthy
Cities Project encourages communities to undertake activities which focus on the enhancement of
the quality of life in the community. As a part of that effort, the California Healthy Cities Project has
been encouraging municipalities to adopt tobaccocontrol ordinances.
RECOMMENDATION
Introduce and conduct first reading of Santa Clarita Ordinance 93-20. Pass to second reading.
ATTACHMENT
Proposed Santa Clarita Ordinance 93-20 _
MPMIcord
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, Facilities and Vehicles.
9.50.040 Recommended Prohibition on Smoking in
Places of Employment.
9.50.050 Smoking in Public Places.
9.50.060 Posting of Signs.
9.50.070 Violations --Penalties.
9.50.010. Purpose.
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 individual; with
impaired respiratory function, including asthmatics and those
with obstructive airway disease.
Health hazards induced by breathing secondhand emoke.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 breathing secondhand smoke may
experience a loss of job productivity or may be forced to take
periodic sick leave because of.such adverse reactions.
9.50.020. 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 25t of the annual gross income of the bar,
an amount higher than 25% -of sales/service of food•'products
constitutes a premises other than a bar.
E. 'Place of employment' means any enclosed area
under the control of the City or a private employer which
employees normally frequent during the course of employment.
F. '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, restaurants, retail
food production and marketing eatablisi:n:ents, retail service
establishments, retail stores, hotels and motels, theaters and
waiting rooms.
G. 'Retail tobacco store' mean's a retail.utilized
primarily for the sale of tobacco products and accessories and in
which the sale of other products is merely incidental.
H. 'Smoke or smoking' means inhaling, exhaling,
burning or carrying any lighted cigar, cigarette, pipe, or plant
in any manner or in any form.
9.50.030.
A. It is unlawful for any person to smoke within any
portion of the Santa Clarita City Hall structure which is
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reserved for City functions or business, or any other City
facilities, out buildings or satellite offices, except where
specifically designated.
B. It is unlawful for any person to smoke in any City of
Santa Clarita owned vehicle.
9,50,040. Recommended Prohibition on Smoking in Places
of Employment.
A. The City of Santa Clarita strongly encourages each
employer located within the City to adopt, make known to
employees, implement and maintain a written smoking policy which
contains the following minimum requirements:
1. Provisions and maintenance of a contiguous no -
smoking area of not less than one-half of the seating capacity
and floor space in non-public cafeterias, lunchrooms and employee
lounges. . '
2. Any employee in an enclosed workplace should be
given the right to designate his or her immediate work area, as
reasonably defined by the employer, as a nonsmoking area and to
post it with appropriate signs, as approved.by the':.employer.
3. A method for addressing disputes between
nonsmokers and smokers where interests of the nonsmoker are given
good faith consideration.
B. Notwithstanding any other provision of this chapter,
every employer shall have the right to designate any place.of
employment, or any portion thereof, ,as a nonsmoking area.
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 pursuant to applicable state law.
motels.
2. Dwellings used for home occupations.
3. Retail tobacco stores.
4. A maximum of 507- of the guest rooms in hotels and
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5. Bars.
5. Conference, banquet or meeting rooms of private
clubs or fraternal organizations when used exclusively by members
or guests of theclubs or organizations, provided that such
facilities are established in the City of Santa Clarita as of
January 1, 1994.
5.50.050. Posting of Signs.
Every owner, operator, manager, or other having.control of
an enclosed area regulated by this chapter shall post at eye
level 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). The sign shall be no
smaller than six inches square in size with lettering no smaller
than one inch high.
9.50.070. violations -- Penalties.
Any person who violates any provisionof, 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."
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 be
declared invalid or unconstitutional.
SECTION 3. The City Clerk 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 , 19_.
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ATTEST:
CITY CLERK
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 , 19_ That thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council
on the day of 15_, by the following
VOtel to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY.CLERK
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