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HomeMy WebLinkAboutCC ORD 1984-1822 REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENTORDINANCE NO. 1822 AN ORDINANCE OF THE CITY OF NATIONAL CITY RELATING TO REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT BE IT ORDAINED by the City Council of the City of National City, California, that a new chapter be added to the National City Municipal Code regulating smoking in public places and places of employment to read as follows: REGULATION OF SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT SECTION 1. PURPOSE OF CHAPTER Because smoking of tobacco, or any other weed or plant, is a positive danger to health and a material annoyance, inconvenience, discomfort and a health hazard to those who are present in confined spaces, and in order to serve public health, safety and welfare, the declared purpose of this chapter is to prohibit the smoking of tobacco, or any weed or plant, in public places and places of employment except in designated smoking areas. SECTION 2. DEFINITIONS "Smoke" or "smoking" as defined in this Chapter means and includes the carrying of a lighted pipe, or lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind. "Public place" means any enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, retail stores, retail service establishments, retail food production and marketing establishments, restaurants, theatres, waiting rooms, reception areas, educational facilities, health facilities and public transportation facilities. place". "Place of employment" means 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". A private residence is not a "public SECTION 3. PROHIBITIONS No person shall smoke in a public place or place of empolyment except in designated smoking areas. SECTION 4. 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 in retail stores, retail service establishments, food markets, public conveyances, theaters, auditoriums, public assembly rooms, meeting rooms, rest rooms, elevators, pharmacies, libraries, museums or galleries which are open to the public or any other place where smoking is prohibited by the Fire Marshal or by other 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 within existing facilities to the maximum extent possible but employers are not required to incur any expense to make structural or other physical modifications in providing these areas. An employer who in good faith develops and promulgates 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 policy. Restaurants covered by the provisions of this Chapter 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. No public place other than the ones enumerated in Section 6 shall be designated as a smoking area in its entirety. (b) Notwithstanding any other provision of this chapter any facility or area may be designated in its entirety as a no -smoking area by the owner or manager thereof. SECTION 5. 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 that 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 6. 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, private hospital rooms, psychiatric facilities, jails, bars, stores that deal exclusively in tobacco products and accessorieshand restaurants or eating establishments with a seating capacity of less than -2A�persons. (b) Restaurants or eating establishments with a seating capacity of less than persons shall have the option of designating a no -smoking section or allowing or prohibiting smoking throughout the establishment. (c) Any owner or manager of a business or other establishment subject to this Chapter may apply to the City Council for an exemption or modification of the provisions of this Chapter due to unique or unusual circumstances or conditions. SECTION 7. ENFORCEMENT AND APPEAL (a) The City Manager shall be responsible for compliance with this Chapter when facilities which are owned, operated or leased by The City of National City are involved. The City Manager shall provide business license applicants with copies of this Chapter. (b) The owner, operator or manger of any facility, business or agency shall post or cause to be posted all "No Smoking" signs required by this Chapter. Owners, operators, managers or employees of same shall be required to orally inform persons violating this Chapter of the provisions thereof. The duty to inform such violator shall arise when such owner, operator, manager or employee of same becomes aware of such violation. (c) It shall be the responsibility of employers to disseminate information concerning the provisions of this Chapter to employees. (d) The provisions of this Chapter pertaining to places of employment shall not apply until July 1, 1984. SECTION 8. VIOLATIONS AND PENALTIES Any person who violates any provision of this chapter by smoking in a posted "No Smoking" area, or by failing to post or cause to be posted a "No Smoking" sign required by this Chapter, or by a knowing failure to inform any person who violates the provisions of this Chapter, when such duty to inform arises as set forth in Section 17, subsection "b" above, is guilty of an infraction and, upon conviction thereof, shall be punished by a fine of not less than TEN DOLLARS ($10.00) nor more than ONE HUNDRED DOLLARS ($100.00). SECTION 9. SEVERABILITY If any provision, clause, sentence or paragraph of this Chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of the provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are hereby declared to be severable. SECTION 10. EFFECTIVE DATE This Ordinance shall take effect and be in force on the thirtieth (30) day from and after its passage. PASSED and ADOPTED this 22 day of May, 1984. ATTEST: Passed and adopted by the Council of the City of National City, California, on May 22, 1984 by the following vote, to -wit: Ayes: Councilmen Van Deventer, Waters, Morgan Nays: Councilmen Cooker Absent: Councilmen None Abstain: Councilmen Dal l a AUTHENTICATED BY: KILE MORGAN Mayor of the City of National City, California IONE CAMPBELL By: City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on April 24, 1984 and on May 22, 1984 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1822 of the City of National City, passed and adopted by the Council of said City on May 22, 1984 (Seal) City Clerk of the City of National City, California By: Deputy