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HomeMy WebLinkAboutORD 104 1988 1219ORDINANCE NO. 88 -104 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK REGULATING SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT, SPECIFYING EXEMPTIONS, PROVIDING IMPLEMENTATION REQUIREMENTS, AND MAKING FINDINGS OF FACT IN SUPPORT THEREOF WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and WHEREAS, reliable studies have shown that breathing second -hand 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; and WHEREAS, nonsmokers who suffer allergies, respiratory diseases, and other ill effects of breathing second -hand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of such adverse reactions; WHEREAS, smoking is a potential cause of fires; and WHEREAS, cigarette and cigar burns, and ash stains on merchandise and fixtures cause losses to businesses. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds and declares that the purposes of this ordinance are: (a) to protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas; and (b) to strike a reasonable balance between the needs of persons who smoke and the needs of nonsmokers to breathe smoke -free air. SECTION 2. The Moorpark Municipal Code is amended to add Chapter 1 to Title 6 to read as follows: "CHAPTER 1 REGULATION OF SMOKING 6.01.010 Definitions - For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: A. "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall not include the restaurant dining area. For purposes of this Chapter, a "bar" is not a "public place" as defined in Section 6.01.010(J). B. "Business" means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit- making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are provided. C. "Customer service area" means any enclosed area of any business or public place covered herein to which customers or members of the public have access, including, but not limited to, elevators, restrooms, reception areas, service lines as defined in Section 6.01.010(M), hallways, waiting areas, lobbies and portions of dining areas not occupied by counters or tables. D. "Designated smoking area" means any enclosed area which is authorized herein to be designated for smoking. E. "Dining area" means any enclosed area containing counters or tables upon which food is served. F. "Employee" means any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, or volunteers his or her services for a non- profit entity. G. "Employer" means any person, partnership, firm, corporation, including a public entity -2- cmq:ORD5396 or non - profit entity, who utilizes the services of five or more individual persons, exclusive of owners, partners, corporate officers or persons averaging fewer than 20 work hours per week. H. "Non- profit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objects or purposes of the entity and not to private financial gain. A public entity is not a "non- profit entity" within the meaning of this subsection. I. "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, the following: 1. work areas, including office spaces, and individual work stations; 2. employee lounges, lunchrooms and cafeterias; 3. elevators, restrooms, hallways and passageways which are not "public places" as defined in Section 6.01.010(J); 4. classrooms, meeting rooms and conference rooms; 5. employer- furnished high occupancy motor vehicles; 6. computer rooms, other than that area designated as an individual work station; 7. copy and storage rooms; and 8. medical aid stations. "Place of employment" shall not include either (a) a private residence, unless it is used as -3- cmq;ORD5396 a licensed child care or health facility, nor (b) the dining area of a restaurant. J. "Public place" means any enclosed area to which the public is invited or permitted including but not limited to: 1. banks; 2. convention halls, whether privately or publicly owned; 3. customer service areas, as defined in Section 6.01.010(C); 4. educational facilities, whether privately or publicly owned; 5. every room, chamber, place of meeting or public assembly, including school buildings, which are under the control of any board, council, commission, committee, including joint committees or agencies, of the City or any political subdivision of the State during such time as a public meeting is in progress; 6. health facilities, including waiting rooms, hallways, wards, and semi - private rooms of hospitals, clinics, physical therapy facilities, doctor's offices and dentist's offices. The bed space area of private rooms of health facilities shall not be considered a "public place" for purposes of this Chapter; 7. meetings to which the public is invited; 8. polling places; 9. public places of exhibition such as aquariums, galleries, libraries and museums, whether publicly or privately owned; 10. public transportation facilities including buses, taxicabs and other means of public transit under the jurisdiction of the City, as well as enclosed ticket, -4- cmq:ORD5396 boarding and waiting areas of public transit depots; 11. private residence when used as a licensed child care or health care facility; 12. restaurants; 13. retail food production and marketing establishments; 14. retail service establishments; 15. retail stores, except that for purposes of this Chapter a retail tobacco store shall not be considered a "public place "; 16. shopping malls; 17. sports facilities, whether privately or publicly owned; 18. theaters, whether privately or publicly owned, as defined in Section 6.01.010(P). K. "Restaurant" means the enclosed area of any publicly or privately owned eating establishment serving food to the general public, including, but not limited to: 1. dinner house; 2. coffee shop; 3. cafeteria; 4. luncheonette; 5. tavern; 6. cocktail lounge; 7. sandwich stand; 8. soda fountain; 9. private or public school cafeteria or eating area; -5- cmq:ORD5396 10. kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. "Restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern is a "bar" as defined in Section 6.01.010 (A). L. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. M. "Service line" means any indoor line at which one or more persons are waiting for or receiving services of any kind, whether or not such service involves the exchange of money. N. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, weed, plant or other combustible material. O. "Sports facility" means enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller an ice rinks, bowling alleys, and other similar places where members of the public assemble either to engage in physical exercise, participate in athletic competition or witness sports events. P. "Theater" means any indoor auditorium, arena or other similar type structure which is used for the exhibition of motion pictures, plays, concerts, lectures or other similar events in which an audience comes to view some type of performance. 6.01.020 Regulation of Smoking in Public Places. No person shall smoke in public places, except that smoking is permitted in public places as follows: 1. When these places are being used for private functions. However, nothing herein prevents persons or entities in charge of such private functions from declaring the place or a designated portion thereof to be a no smoking area for the duration of the private function; -6- cmq:ORD5396 2. In designated areas of customer service areas provided that at least 50% of such an area has been designated for no smoking; 3. Bed space areas of semi - private rooms of health facilities where all patients within the room are smokers and request in writing upon the health care facility's admission form to be placed in a room where smoking is permitted; and 4. In designated areas of restaurants provided that: (a) a contiguous area containing at least 50% of the seating capacity of the restaurant has been designated for no smoking or (b) separate rooms are provided for smokers and non- smokers so long as the rooms designated for no smoking contains at least 50% of the total seating capacity of the restaurant. 6.01.030 Regulation of Smoking In Places of Employment. A. It shall be the responsibility of employers who maintain a place of employment in the City to provide smoke -free areas for for non- smoking employees 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. B. Every employer described in subsection A shall adopt, implement, make known, and maintain a written smoking policy which shall: 1. Prohibit smoking in all places of employment except as otherwise provided in this subsection. 2. Permit smoking in the following areas if, in the employer's sole reasonable judgment, other employees will not be adversely affected: a. Designated areas of employee lounges, lunchrooms and cafeterias, -7- cmq:ORD5396 provided that at least 50% of the seating capacity and floor space areas are designated as no smoking areas; b. Private office spaces and individual work stations, excluding an individual work station in a computer room. 3. Be formulated and adopted by each employer according to his or her own procedures. 4. Be posted on bulletin boards and in break areas. 5. Provide a reasonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke -free air. C. Every employer whose place of employment is operational on January 31, 1989 shall adopt the smoking policy on or before April 30, 1989. Every employer whose place of employment becomes operational after January 31, 1989 shall adopt the smoking policy within 90 days after the place of employment becomes operational. D. All employers shall provide a copy of the smoking policy upon request to any prospective or present employee. 6.01.040 Ability to Declare any Area as No Smoking Notwithstanding any other provision of this Chapter, nothing herein prohibits any owner, employer or other person who controls any place regulated by this Chapter from declaring that entire place as a no smoking area. 6.01.050 Posting of Signs. A. The owner, operator, manager, employer or other person having control of every place where smoking is regulated by this chapter, shall clearly, sufficiently, and conspicuously post "Smoking" or "No Smoking" signs, whichever is appropriate, in every such -8- cmq:ORD5396 place. Such signs shall have letters of not less than one inch (1 ") in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it) not less than three inches (311) in diameter. B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater. C. Every restaurant owner, manager or operator shall post at every public entrance a conspicuous sign clearly stating the smoking policy of the establishment. D. The signs required by this Section shall be Posted on or before the following dates: 1. for every public place where smoking is regulated by this Chapter which is open for business on or before January 31, 1989, such signs shall be posted on or before February 10, 1989; and 2. for every public place where smoking is regulated by this Chapter which opens for business after January 31, 1989, such signs shall be posted within 10 days after the business is opened. 3. for every place of employment where smoking is regulated by this Chapter, such signs shall be posted currently with the adoption of the smoking policy required by Section 6.01.030. 6.01.060 Violations and Penalties. A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any place subject to regulation under this chapter to fail to comply with any of its provisions. B. It shall be unlawful for any person to smoke in any place where smoking is prohibited by the provisions of this chapter. -9- cmq:ORD5396 C. Any person who violates any provision of this chapter shall be guilty of an infraction. 6.01.070 Exemptions. A. Any owner, operator or manager of a business or place of employment subject to this Chapter may apply to the City for an exemption to any provision hereof due to unusual circumstances or conditions. Exemptions may be granted on a showing of financial impracticability, physical infeasibility or structural infeasibility. B. Such exemption may be granted only if the City Manager finds from the evidence presented by the applicant that it is financially impracticable, physically infeasible or structurally infeasible to comply with this chapter. 6.01.080 Other Applicable Laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws. SECTION 3. If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty - first (31) day after its passage. 19 88. PASSED AND APPROVED this 19th day of December , ATTEST: w , pu cmq:ORD5396 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF MOORPARK } Carolyn J. Dyer, Deputy City Clerk I, Maureen W. Wall , City Clerk of the City of Moorpark, do hereby certify that the foregoing Ordinance No. 88 -104 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 7th day of December , 1988 . That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 19th day of December , 19 88, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED AS TO FORM: CiITY ATT RNEY cmq :ORD5396 Brown, Harper, Lawrason, Montgomery, Perez None None -11-