HomeMy WebLinkAboutAGENDA REPORT 1993 0908 CC SPC ITEM 11IITEM'�•�•
AGENDA REPORT
City of Moorpark _�Coun fng
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TO: The Honorable City Council ACTION:d'.. ` �- 46
FROM: Jim R. Aguilera, Director of Community Dcvelopment'X ✓' "�`•�
By
DATE: August 26, 1993 °&
SUBJECT: CONSIDER POSSIBLE CHANGE TO SECTION 8.32.040 OF ORDINANCE NO.
173 (NO SMOIGNG ORDINANCE) TO PROVIDE CLARIFICATION ON THE
POSTING OF SIGNS
Background:
The City adopted Ordinance No. 173 on July 7, 1993 and it became effective August 7,
1993 (Attachment "A "). A provision of the Ordinance requires that all businesses which
are controlled by the Ordinance must post a sign one square foot in size at all entrances
to the building.
On April 4, 1993 Councilmember Wozniak related to the City Council his concern that the
signage requirement was excessive and proposed that the Council consider different
alternatives to Section 8.32.040 of Ordinance No. 173. The Council concurred and
directed staff to report back on August 18, 1993 with alternatives. Attached, please find
examples of the alternate sign sizes.
I. ALTERNATIVES:
A. Reduce the size of the sign to one -half square foot (72 square inches) in with
minimum letter size of one inch and minimum logo diameter of six inches
(28 square inches). (Exhibit 1)
B. Amend the requirement of "all exterior entrances" to "all exterior entrances
used by customers ".
C. Differentiate between entrances to buildings and entrances to a business
within a building by allowing the sign for an entrance to a business within
a building to be .25 square feet (36 square inches) with lettering no smaller
than three quarter inch in height and a logo no smaller that four inches in
diameter (12 square inches) posted prominently five feet above the finished
floor. (Exhibit 2)
JRA:crt 8/26/93 C: \93JAS \NOSMKORD
The Honorable City Council
August 26, 1993
Page -2-
D. That the City design a sign which would be posted at entrances and other
prominent locations of shopping centers.
Staff also contacted five other cities in an effort to discern what they required in terms of
posting. Of 41 cities in California that restricted smoking in public places the five
enumerated below were selected at random.
1. Long Beach -1" letters, contrasting background, owner to post in
conspicuous location.
2. Whittier - 1" letters or symbol (no set size) owner to post in
conspicuous location, City provides signs.
3. San Luis Obispo - No requirement, but City provides signs.
4. Laguna Peach - No requirement.
5. Loma Linda - 1" letters with symbol, owner to post in conspicuous
location at entrance.
In view of the fact that some of these cities do not require any type of posting, another
alternative may be to follow suit and delete the posting requirements in the ordinance
entirely.
Staff Recommendation:
Direct staff as deemed appropriate.
Attachment "A" - Ordinance No. 173
Exhibit 1 - 72 square inch sign
Exhibit 2 - 36 square inch sign
JRA:crl 8/26/93 C: \93JAS \NOSMKORD
ATTACHMENT "A'
ORDINANCE NO. 173
(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 unconstitution &l.
SECTION 4. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
PPOS :19:47 /1: 11pA: \OPDINANCZ 4
ATTACHMENT A
EXHIBIT 1
72 Square Inch — NO SMOKING SIGN
EXHIBIT 1
EXHIBIT 2
36 Square Inch — NO SMOKING SIGN
EXHIBIT 2