HomeMy WebLinkAboutAGENDA REPORT 2009 0902 CC REG ITEM 11ACITY OF MOORPARK, CALIF+f RNi
City Council Meeting
ACIYON:
ORDINANCE NO. 377
ITEM 11.A.
aY.
AN 70TOMANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING, IN ITS
ENTIRETY, CHAPTER 8.32, PROHIBITING SMOKING IN
PUBLIC PLACES, OF TITLE 8, HEALTH AND SAFETY, 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WHEREAS, on July 7, 1993, the City Council repealed Chapter 6.01 of the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:
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Ordinance No. 377
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"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
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:
"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.
"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.
"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 area to which the public is invited or in which
the public is permitted.
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Ordinance No. 377
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"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.
It 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:
A. In any elevator;
B. In any park, athletic field (including spectator viewing areas),
playground, trail, recreational area or publicly -owned open space;
C. In any outdoor service area;
D. Within twenty (20) 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 any public building;
H. At any public event;
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;
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Ordinance No. 377
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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; and
M. In any city -owned parking lot or parking structure.
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. Wholesale tobacco distributors and retail tobacco stores, providing
they are located twenty (20) 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- percent (20 %) of the guest rooms in hotels
and motels;
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, but is not smaller than fifty
(50) square feet in total area, and does not have a dimension on any side less
than five (5) feet;
2. The smoking area is not located within twenty (20) 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 as
follows: Signs with arrows directing the public to the smoking area may be
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Ordinance No. 377
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allowed; signs shall be no smaller than three (3) inches high and eight (8) inches
long 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; and all signs are subject to
approval of the community development director.
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.
G. Outdoor special events, subject to community development director
approval of a temporary use permit for a single event or an administrative permit
for a recurring event, provided that:
1. Such permit shall be subject to appropriate conditions of approval
to limit the duration of such permit and require compliance with State law; 2.
Such permit shall limit, to the extent feasible, exposure of nonsmoking
persons to second -hand smoke; and
3. An administrative permit for a recurring event shall be subject to
renewal every six (6) months.
8.32.040 Posting of signs.
Every owner, operator, manager, or other person having control of an
enclosed or outdoor 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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Ordinance No. 377
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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 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 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.
8.32.060 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where
it is otherwise restricted by other applicable laws.
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Ordinance No. 377
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8.32.070 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 this code. The remedies
provided by this code are cumulative and in addition to any other remedies
available at law or in equity."
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 2nd day of September, 2009.
Janice S. Parvin, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
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