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Home My WebLink AboutORD 173 1993 0707ORDINANCE NO. 173 AN ORDINANCE OF THE CITY OF MOORPARK REPEALING CHAPTER 8.32 OF THE MOORPARK MUNICIPAL CODE ENTITLED "SMOKING" IN ITS ENTIRETY AND ADDING A NEW CHAPTER 8.32 OF THE MUNICIPAL CODE PROHIBITING SMOKING IN PUBLIC PLACES NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The Existing Chapter 8.32 of the City of Moorpark Municipal Code is hereby repealed. This repeal shall not effect or prevent the prosecution or the punishment of any person for any act done or omitted in violation of these chapters or sections prior to the effective date of this Ordinance. SECTION 2. A new chapter entitled "Prohibiting Smoking in Public Places" is hereby added the City of Moorpark Municipal Code to read as follows: Chapter 8.32 Sections: 8.32.010 Definitions 8.32.020 Prohibition of Smoking in Public Places 8.32.030 Smoking Optional Areas 8.32.040 Posting of Signs 8.32.050 Other Applicable Laws Section 8.32.010. Definitions The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: 1. "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. 2. "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. 3. "Home Occupation" means any use within a dwelling which has been issued a home occupation permit by the City of Moorpark. PP05 :19:93 /1:11(WA: \0RDIAAMC.1 1 4. "Incidental Food Sales \Service" means the sale or service of food products in a bar if said sale \service constitutes less than 25% of the annual gross income of the bar, an amount higher than 25% of sale \service of food products constitutes a premises other than a bar. 5. "Place of employment" means any enclosed area under the control of the city or a private employer which employees normally frequented during the course of employment. 6. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted. 7. "Restaurant" means any establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a "bar" as defined in this section. 8. "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. 9. "Separate Ventilation System" means a system which is exhausted to the outside and negatively pressurized. 10. "Smoke or Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or plant in any manner or in any form. Section 8.32.020. Prohibition of Smoking in Public Places Except as otherwise provided, it is unlawful for any person to smoke in any public place or place of employment within the City of Moorpark. Section 8.32.030. Smoking optional Areas. A. Not withstanding any other provisions of this Chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this article: 1. Private residences, except when used as a child care or health care facility pursuant to applicable State law. 2. Dwellings used for home occupations 3. Retail tobacco stores 4. A maximum of 50% of the guest rooms in hotels and motels PP05: 19:9311: 1 Ip": \ORDIAAIVC. 1 2 5. Restaurant dinning rooms, hotel and motel conference or meeting rooms and public and private assembly rooms, which are equipped with separate ventilation systems, while such places are being used for private functions. However, at least 50% of these areas shall be designated non - smoking. 6. A place of employment which employs only the owner and no other employee, provided that: (a) The place of employment does not allow members of the public within enclosed areas. (b) The enclosed area containing the place of employment does not share a ventilation system with any other enclosed area or public place not exempted in this section. 7. Bar areas within restaurants provided that by March 7, 1994 such areas meet the separation standards enumerated in subsection (c) below and provided that the restaurant /bar intends to comply with these standards. The intent to comply shall be demonstrated by the restaurant /bar owner in the following manner: (a) Prior to September 7, 1993, the owner shall submit plans drawn by a California registered engineer or architect to the Department of Building and Safety along with appropriate fees. (b) Said plans shall indicate in detail, the method to be used by the owner to fully comply with the standards enumerated in subsection (c) below. (c) In order for a bar to be considered separate from a restaurant, the separation must meet the following criteria: (1) The bar must have a separate ventilation system from the restaurant. (2) There must be a wall or walls with no penetration between the two uses. A doorway may penetrate the wall if the doorway contains a door which is self- closing. PPO5:19:93 11:11plA : \ORDIAAAC.1 3 (3) If a bar and restaurant are both attached through a kitchen or other space, that space must be ventilated independently or through the restaurant ventilation system. This space must also have self - closing doors which are used to access the two uses separately and be smoke free. 8. Bars Section 8.32.040. Postina of Sians A. Every owner, operator, manager, or other person 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 red circle with a red bar across it). The sign shall be no smaller than one (1) square foot in size with lettering no smaller than one (1) inch high. Section 8.32.050. Other applicable Laws This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Section 8.32.060. Violation -- Penalty Any person who violates any provision of, or fails to comply with any requirement of, this chapter is guilty of a misdemeanor /infraction and, upon conviction thereof, shall be punished in accordance with chapter 1.12 of this code. SECTION 3. 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 the 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 4. This Ordinance shall become effective thirty (30) days after its passage and adoption. PP05:19:93 /1:11PRA: \ORDINA1;C.1 4 SECTION 5. The city clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute of the passage and adoption thereof in the records of the proceedings of the city council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED, APPROVED, AND ADOPTED this 7th day of JULY , 1993 G'�Cj "11114 Mayor PP05:19:93 1I:2IpaA: \SRO7CdORD.1 5 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 173 was adopted by the City Council of the City of Moorpark at a meeting held on the 7th day of JULY , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 8th day of JULY , 1993. i �p are 0 1� � e r yJ PAUL W. LAWRASON JR. SCOTT MONTGOMERY PATRICK HUNTER Mayor Mayor Pro Tem Counalmember BERNARDO M PEREZ JOHN E WOZNIAK Counalmember Counalmember 11"Ne'p 0, Ht -Y~ f aow