HomeMy WebLinkAboutAGENDA REPORT 2009 0617 CC REG ITEM 09BITEM 9.13.
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCILSY:
AGENDA REPORT
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, Administrative Services QirQctgr /City Clerk
Prepared by: Teri Davis, Senior Management Analys
DATE: June 10, 2009 (CC Meeting of 6/17/09)
SUBJECT: Consider an Ordinance of the City of Moorpark, California, Amending
Chapter 8.32, Prohibiting Smoking in Public Places, of the Municipal
Code
BACKGROUND
Originally on the May 20, 2009 City Council Agenda, this Draft Ordinance was continued to
provide staff with time to clarify and refine several definitions and sections. Since May 20,
2009, several areas were added to those designated in the Draft Ordinance as no smoking
areas. These newly added no smoking areas include athletic fields, publicly -owned
spaces, sidewalks, trails, and parking lots and parking structures at shopping centers.
Certain definitions or no smoking areas were deleted because the definitions were refined.
The deleted portions include the definitions for "reasonable distance ", "restaurant ", and
"retail tobacco store" and the following no smoking areas: ticket, boarding, and waiting
areas of transit depots or stops; designated smoking areas at public events; public plazas;
construction areas at work sites; theatres or public arts buildings; medical or convalescent
facilities; grocery stores; and convenience or liquor stores. New definitions include those
for "dining area ", "public building ", and "shopping center ". The optional area language for
private residences was changed from "child care or health care" to "family health care ". A
new exception for designated outdoor smoking areas was added to the Draft Ordinance.
"No smoking area" was added to the posting of signs language. "Chapter 1.12" under the
violation - penalty language was deleted.
Staff also incorporated the revisions requested by the Council at the May 20, 2009 meeting
as follows:
1. Definition for "dining area" added to Section 8.32.010
2. Deleted definition for "reasonable distance" and replaced "reasonable distance"
with "twenty feet" in Section 8.32.020(D)
3. Clarified areas where smoking may occur in Section 8.32.020
4. Added word "in" to Section 8.32.020 after the word "smoke" in the first paragraph
5. Researched whether parking lots should be a designated smoking area;
included parking lots in Sections 8.32.020(E) and 8.32.020(M)
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Honorable City Council
June 17, 2009 Regular Meeting
Page 2
6. Eliminated reference to "F" In 8.32.030 but added a new smoking area
exception, for designated outdoor smoking areas, so there are now six sections
in 8.32.030 rather than the five that appeared in the May 20, 2009 Draft
Ordinance and "F" is now correct
The State of California Health and Safety, Labor, and Government Codes (California Code)
require all jurisdictions (including municipalities) to enforce smoking in workplace and
public places statutes set forth in the California Code. The City of Moorpark (City), as a
municipality, has the authority to adopt additional provisions that not only comply with, but
also reach beyond the California Code.
This Draft Ordinance includes amendments to specific Moorpark Municipal Code
(Municipal Code) Sections in Chapter 8.32 which address smoking in public places. These
Sections were last adopted or amended in 1993 while the California Code has been
significantly amended since 1993. The Municipal Code is not currently in full compliance
with the California Code.
DISCUSSION
Many studies deem second hand smoke to be harmful. Over time, increasingly restrictive
laws to reduce the effects of second hand smoke in the workplace, as well as in public
places, were adopted into the California Code. In an effort to enhance public health where
second hand smoke is concerned, many cities have adopted second hand smoke
ordinances that exceed the statutes set forth in the California Code. A trend has
developed. Observing this trend, the City is seeking to adopt, in addition to those sections
which will bring the Code into full compliance with state law, other sections which will
exceed the statutes set forth in the California Code, thereby effecting a commitment to
improving public health.
In addition to harmful health effects of second hand smoke, smoking in public places often
contributes to littering which is not only unsightly but exposes the City to potential storm
water system violations.
Most of the amendments in the Draft Ordinance fall into one of two categories:
Amendments that bring the Municipal Code into full compliance with the California Code or
amendments that exceed the statutes in the California Code. The following distinguishes
which proposed amendments fall into which of the two aforementioned categories:
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Honorable City Council
June 17, 2009 Regular Meeting
Page 3
Amendments that comply with California Code statutes:
Municipal
California
Code Section
Code Section
Comments
8.32.020 (B)
H &S §104495
_ _...... .. ._..........
Park, playground and recreation area only
Ticket, boarding, and waiting areas of transit
8.32.020 (C)
...... .......
H &S §118935
._...._........ ... ..........
.. depots or stops only
8 32.020 D
GOV 7597
8.32.020 (F)
..._ _
LAB §6404.5
........ . _ .....
; Indoor only ............ .... ........... ......
GOV §7597,
H &S §118890, 118895, &
8.32.020 (G )
118915
..._._......_...............
8.32_._020 (J............. .
...._....--................._......... _............................. ....... _........ ___ _ _...:._
_H &S §1.596.7.95
. ................. .._......._...... ....__........ _ __........................... _ ..... .._ ._ ..... ...... ....._ ....... _... _................
....... .... .... .............. _ _ ... .............. _ ... .
8.32 020 (K)
H &S §11.8915
.........
... ..... .. __ .............. ....
8.32 030 (C)
LAB §6404 5
....._ ....._ ..._..
Except "ventilation system .. "
.. - __._......... ....
LAB §6404.5, GOV §7598
8 32.040 B
...._ ......... ..........................._(. _.)..
& H &S 11935
. __..........................§ ..._...__................ .....__ ... _......_...._.._...._ .._
_...... _ .. _ .. . _.. _ . . .... ... ...... ....... ......__.. _............... ._.._.........................................................
LAB §6404.5, GOV §7598
8.32.040 C
& H 11935
Except r
. __..._..... ....eP..._.._o......_outdoor... and _or ground .......................
LAB §6404.5, GOV §7598
8.32.040E
... . .. . ................ ......._......_.(..._...)._....
& H &S 11935
.......... ......................... §..... . . .....
_ _._. _. _. _ _. _. _ .
8.32.040 (F)
H &S &118885
GOV — Government Code
H &S — Health and Safety Code
LAB — Labor Code
Amendments that exceed California Code statutes:
• 8.32.020. A, B (except as noted above), C (except as noted above), E, F
(except noted as above), H, I, L, and M
• 8.32.030. A, B, C ( "ventilation system..." only), D, E, and F
• 8.32.040. A, C ( "or outdoor" and "or ground" only), and D
• 8.32.050. In its entirety
Any other amendment in the Draft Ordinance is either a strikeout reflecting statutory
changes, the addition of a definition, or the renumbering of a section. The legislative
format will be removed from the final Ordinance and all changes will be incorporated as
approved by the City Council.
Upon adoption of the Draft Ordinance and as a measure of public outreach, Code
Compliance staff will meet with shopping center managers to discuss questions,
comments, and issues related to Chapter 8.32 of the Municipal Code.
The City Attorney's Office reviewed the Draft Ordinance as presented at the May 20, 2009
City Council meeting.
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Honorable City Council
June 17, 2009 Regular Meeting
Page 4
FISCAL IMPACT
There would be a nominal cost for staff time related to enforcement, signage and informing
the public about the new restrictions on smoking in public.
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and direct staff to
schedule second reading for July 1, 2009.
Attachment: Draft Ordinance
128
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING CHAPTER
8.32, PROHIBITING SMOKING IN PUBLIC PLACES, OF
THE MOORPARK MUNICIPAL CODE
WHEREAS, secondhand smoke is harmful to nonsmokers exposed to
secondhand smoke on a frequent basis; and
WHEREAS, on December 19, 1988, the City Council (City Council) of the
City of Moorpark (City) adopted Chapter 6.01, Regulation on Smoking, of the
Moorpark Municipal Code (Municipal Code); and
WHEREAS, on July 7, 1993, the City Council repealed Chapter 6.01 of the
Municipal Code and adopted Chapter 8.32, Prohibiting Smoking in Public Places,
of the Municipal Code; and
WHEREAS, on December 15, 1993, the City Council amended Chapter
8.32, to add Section 8.32.040, Posting of Signs, to the Municipal Code; and
WHEREAS, at the time of adoption, Chapter 8.32 of the Municipal Code
complied with the California Health and Safety, Labor, and Government Codes
(California Code); and
WHEREAS, certain portions of the California Code have been amended
since the adoption of Chapter 8.32; and
WHEREAS, the City desires to bring the Municipal Code into compliance
with the California Code; and
WHEREAS, the City Council has determined the following with regard to
Chapter 8.32 of the Municipal Code:
The Municipal Code shall be amended: 1) to incorporate sections of the
California Code pertaining to smoking in public places; and 2) to add
requirements reaching beyond the restrictions set forth in the California Code
pertaining to smoking in public places.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.32 of the Moorpark Municipal Code is hereby
amended in its entirety to read as follows:
129
"Chapter 8.32
PROHIBITING SMOKING IN PUBLIC PLACES
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 appliGable laws. Prohibitions and duties generally_
8.32.060 .Other applicable laws.
8.32.070 Violation — Penalty.
8.32.010 Definitions.— The following words and phrases, whenever used in this
chapter, shall be construed as defined in this section:
• • • _ w - _
- . • - -
i �R.o r.W.:ja_�Q '
"Bikeway" means any Class 1 Bike Path or Trail separated right -of -way
for bicycles; Class 2 Bike Lane restricted right -of -way; or Class 3 Bike Route
travel lane shared by motor vehicles and bicycles designated by signs
"Dining Area" means any indoor or outdoor non - residential location where
food or beverages are served by a business or routinely consumed by customers
and /or employees.
"Enclosed area" means all space between a floor and ceiling which is
enclosed on all sides by solid walls. The walls may be penetrated by windows,
doors or passageways.
•
M, l e-- ••_
ee- ..
1116-1 Ilia"
"Place of employment" means any enclosed area under the control of the
city or a private employer or any outdoor working area, such as a construction
area, which employees normally frequent during the course of employment.
130
Ordinance No.
Page 2
"Public building" means any building to which the public is invited or in
which the public is permitted.
"Public event" means any art show, fair, parade firework display, sports
activity, or any other similar event in a public place within the City
"Public place" means any eRGlesed area to which the public is invited or in
which the public is permitted.
"Outdoor" means an area that does not meet the definition of "enclosed."
"Separate ventilation system" means a system which is exhausted to the
outside and negatively pressurized.
"Service area" means a place where people use or wait for services
provided by a private or public entity, including but not limited to bus stops train
stations, Automated Teller Machines (ATM) lines information kiosks and theatre
lines.
"Shopping Center" means any parcel of land zoned and used for retail
sales by four or more businesses and totaling over 25,000 square feet of gross
floor area.
"Smoke" or "smoking" means inhaling, exhaling, burning or carrying any
lighted cigar, cigarette, pipe or plant in any manner or in any form.
8.32.020 Prohibition of smoking in public places._ 4cep +r as -- �
provided, Olt is unlawful for any person to smoke in violation of any law or
regulation of the State of California and in any place set forth herein in any pub4G
A. In any elevator;
B. In any park athletic field (including spectator viewing areas)
playground trail recreational area or publicly -owned open space;
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MIA=
"Separate ventilation system" means a system which is exhausted to the
outside and negatively pressurized.
"Service area" means a place where people use or wait for services
provided by a private or public entity, including but not limited to bus stops train
stations, Automated Teller Machines (ATM) lines information kiosks and theatre
lines.
"Shopping Center" means any parcel of land zoned and used for retail
sales by four or more businesses and totaling over 25,000 square feet of gross
floor area.
"Smoke" or "smoking" means inhaling, exhaling, burning or carrying any
lighted cigar, cigarette, pipe or plant in any manner or in any form.
8.32.020 Prohibition of smoking in public places._ 4cep +r as -- �
provided, Olt is unlawful for any person to smoke in violation of any law or
regulation of the State of California and in any place set forth herein in any pub4G
A. In any elevator;
B. In any park athletic field (including spectator viewing areas)
playground trail recreational area or publicly -owned open space;
131
Ordinance No.
Page 3
C. In any outdoor service area:
D. Within twenty feet of the entrance exit or open window of any
public building,
E. In indoor or outdoor public places within shopping centers
including parking lots and parking structures;
F. In any dining area;
G. Inside anv public building;
H. At any public event;
1. In any place of employment or work sites
J. In any family day care facility with the exception of a private
residence operating a day care facility, providing no smoking is allowed during
the service hours of the facility
K. In any location where food, designated for sale or distribution to the
public, is prepared, served or stored or where such food utensils are cleaned or
stored;
L. On any sidewalk, trail or bikeway or
M. In any city -owned parking lot or parking structure or
8.32.030 Smoking — Optional areas. Notwithstanding any other provisions of
this chapter to the contrary, the following areas shall not be subject to the
smoking restrictions of this chapter:
A. Private residences, except when used as a
family health care facility pursuant to applicable state law;
B. Dwellings used for home occupations;
C. Retail tobacco stores, providing they are located twenty feet or
more from any opening of a private residence and the establishment does not
share a ventilation system with any other enclosed area or public place not
exempted in this section,
D. A maximum of twenty -f+fty percent (5920 %) of the guest rooms in
hotels and motels;
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Ordinance No.
Page 4
E. A designated outdoor smoking area subject to approval of the
Community Development Director, for shopping centers public places or parking
lots provided that:
1. The smoking area is as small as practicable to accommodate the
number of smokers that are expected to use the area Notwithstanding this
criteria, the owner, operator, or manager of a space regulated by this chapter
may not designate a smoking area that would be smaller than fifty (50) square
feet, or with a dimension on any side less than five (5) feet
2. The smoking area is not located within twenty feet of any outdoor
service area; entrance exit or open window of any public building or dining
area,
3. Appropriate ash can(s) are placed in the smoking area and are
maintained regularly by the owner, operator, or manager of the smoking area
and
4. The smoking area is posted with one or more conspicuously
displayed sign(s) identifying the area as a designated outdoor smoking area
Signs with arrows directing the public to the smoking area may be allowed
Signs shall be no smaller than three (3) inches high and eight (8) inches Iona
with a pictorial representation of a burning_ cigarette Signs shall contain
"Designated Smoking Area" and shall be posted prominently between five (5)
feet and seven (7) feet above the floor or ground. All signs are subject to
approval of the Community Development Director: and
-- -: a :•
- - -
Rpm
F. A place of employment which employs only the owner and no other
employee, provided that:
1. The place of employment does not allow members of the public
within enclosed areas, and
2. 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;_
133
Ordinance No.
Page 5
.. - -
_.
8.32.040 Posting of signs. Every owner, operator, manager., or other person
having control of an enclosed or outdoor space -no smoking area regulated by
this chapter shall post "No- Smoking" signs (no smaller than three (3) inches high
and eight (8) inches long) with 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) hereafter known as "sign." Said signs shall be posted as
specified below:
A. The owner of a multi - tenant enclosed space which is served
through a limited amount of common entrances must post all exterior entrances
to the enclosed space with signs (as described in this section). Individual
enclosed spaces within the multi-tenant enclosed space need not be posted.
B. Every owner, operator, manager, or other person having control of
an enclosed space not served through a limited amount of common entrances
and regulated by this chapter, must post signs (as described in this section) at all
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- - -:-
8.32.040 Posting of signs. Every owner, operator, manager., or other person
having control of an enclosed or outdoor space -no smoking area regulated by
this chapter shall post "No- Smoking" signs (no smaller than three (3) inches high
and eight (8) inches long) with 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) hereafter known as "sign." Said signs shall be posted as
specified below:
A. The owner of a multi - tenant enclosed space which is served
through a limited amount of common entrances must post all exterior entrances
to the enclosed space with signs (as described in this section). Individual
enclosed spaces within the multi-tenant enclosed space need not be posted.
B. Every owner, operator, manager, or other person having control of
an enclosed space not served through a limited amount of common entrances
and regulated by this chapter, must post signs (as described in this section) at all
134
Ordinance No.
Page 6
entrances to the enclosed space. The signs may be posted on the exterior of the
enclosed space or in the interior, as long as the sign is clearly visible to all who
access the enclosed space.
C. All signs which are posted ea- an- eecIesed- space -in compliance
with this section shall be posted prominently between five (5) feet and seven (7)
feet above the floor or ground.
D. As an alternate to the requirements of this section, the property
owner may request the city, at no expense to the property owner, to specify the
location of the signs for a multi = tenant property.
E. The owner, operator, manager, or other person having control of a
restaurant shall post signs as prescribed in subsections B and C of this section.
F. "No Smoking" signs shall be posted whenever and wherever a
public meeting is being held All public buildings _and public facilities shall have
"No Smoking" signs posted.
8.32.050 Other appliGable laws. Prohibitions and duties generally.
A. No person employer, business or nonprofit entity shall knowingly
permit the smoking of tobacco products in an area which is under the legal or de
facto control of the person employer, business or nonprofit entity and in which
smoking is prohibited by this chapter or other law.
B. No person, employer, business or nonprofit entity shall knowingly
or intentionally permit the presence or placement of ash receptacles such as for
example, ash trays or ash cans within an area which is under the legal or de
facto control of the person employer, business or nonprofit entity and in which
smoking is prohibited, including without limitation inside the perimeter of any
reasonable distance required by this chapter or other law.
C. Notwithstanding any other provision in this chapter, any owner,
landlord, employer, business nonprofit entity, or other person who controls any
property, establishment or place of employment regulated by this chapter may
declare any part of such area in which smoking would otherwise be permitted to
be a nonsmoking area.
This Ghapter shall Rot be iRterpreted OF GGnstFued to permit srneking where
8.32.060 Violation Penalty. Other applicable laws. This chapter shall not be
interpreted or construed to permit smoking where it is otherwise restricted by
other applicable laws.
135
Ordinance No.
Page 7
8.32.O670 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 Chanter 1.12 of this code. The remedies provided by this code
are cumulative and in addition to any other remedies available at law or in
e uit ."
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
section, subsections, sentences, clauses, phrases, parts or portions be declared
invalid or unconstitutional.
SECTION 3. This Ordinance shall become effective thirty (30) days
after its passage and adoption.
SECTION 4. 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 the 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 Star a 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 AND ADOPTED this day of , 2009
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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