HomeMy WebLinkAboutAGENDA REPORT 2017 0517 CCSA REG ITEM 09B ITEM 9.B.
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TO: Honorable City Council Oa, (-191
FROM: Deborah S. Traffenstedt, Assistant City Manager
PREPARED BY: Brian Chong, Administrative Services Manager Wi
DATE: May 4, 2017 (CC Regular Meeting of 5/17/17)
SUBJECT: Consider an Ordinance Amending Chapter 8.32, Regulating
Smoking in Public Places, of Title 8, Health and Safety, of the
Moorpark Municipal Code
BACKGROUND
On July 1, 2009, the City Council adopted Ordinance No. 377, which prohibited smoking
in various public places within the City of Moorpark. As secondhand smoke continues
to be linked to negative public health impacts and as new smoking products have been
created, it is recommended that the City update its smoking ordinance to best promote
public health, balance private property rights, and incorporate e-cigarettes (vaping) and
marijuana smoking regulation.
Currently, under the current Moorpark Municipal Code, smoking is generally prohibited
in the following locations:
•
• Dining areas, or any location where food is prepared, served, or stored
• Inside any public buildings and within 20 feet of the entrance, exit, or open
window of any public building (public buildings are defined as any building open
to the public)
• Sidewalks and bikeways
• In any park, athletic field, playground, trail, recreational area, or publicly-owned
open space
• Public events
• Indoor or outdoor public places within shopping centers, including parking lots
and parking structures
• Places of employment or work sites
• Family day care facilities
• City-owned parking lots and parking structures
• Elevators
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• Outdoor service areas
DISCUSSION
Since the City's adoption of its current smoking ordinance in 2009, new trends in
smoking and smoking-related legislation have emerged. In particular, the use of
electronic cigarettes (vaping) has expanded significantly, and the recreational use of
marijuana has been legalized. Staff recommends that the City's smoking ordinance be
updated to reflect the current smoking trends and legal landscape. Accordingly, the
attached draft ordinance includes new definitions of electronic smoking devices,
smoking lounges, and retail smoking products stores, as well as updated definitions of
smoke/smoking to explicitly incorporate smoking of electronic cigarettes and marijuana.
Applicability of Smoking Ordinance to Vaping and Marijuana
The passage of Proposition 64 during the November 2016 election legalized
recreational use of marijuana, subject to various restrictions. While the cultivation, sale,
and distribution of marijuana will be regulated by amendments to the City's Zoning
Ordinance that are being considered separately by the City Council, the actual smoking
of marijuana is regulated by State law and the City's smoking ordinance. Under Health
and Code Safety Section 11362.3 (as enacted by Proposition 64), smoking marijuana or
marijuana products is prohibited in any location where smoking tobacco is prohibited. In
addition, smoking marijuana or marijuana products is not permitted in any public place,
in accordance with Section 11362.3.
By modifying the definition of smoking to include vaping, the attached draft ordinance
also would prohibit vaping and the smoking of electronic cigarettes at any location that
smoking of tobacco is also prohibited. By incorporating marijuana smoking into the
definition of smoking, the same prohibitions would also apply to smoking marijuana,
except that marijuana smoking would also not be allowed inside retail smoking product
stores. The consumption of marijuana edibles would not be subject to the City's
smoking or zoning ordinances.
Modified Prohibitions on Smoking
In updating the City's smoking ordinance, staff reviewed numerous other ordinances,
including those from the County of Ventura; Cities of Oxnard, Camarillo, Ojai, and
Ventura; and the California Department of Public Health. Although the following
locations are generally included by the City's current smoking ordinance as locations
where smoking is prohibited by virtue of the broad definitions of a "public place" and a
"public building," these are now explicitly listed to remove any ambiguity:
• Buses, taxicabs, and public transit facilities
• Polling places
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• Hotel common areas (though up to 20% of rooms may still be designated as
smoking rooms)
• Public restrooms
• Schools
Several other locations are also proposed for addition to the list of places where
smoking is prohibited:
• Residential Care Homes: Under the current ordinance, smoking is prohibited
inside family day care facilities (providing day care exclusively for children). This
proposed change would extend that prohibition to inside facilities providing
round-the-clock care for adults, seniors, and children, regardless of age.
• Common Areas in Residential Developments: This addition would ban smoking
in both interior and exterior common areas within residential developments. This
would include apartment, condominium, - and HOA-maintained hallways,
recreational areas such as playgrounds and BBQ areas, swimming pools,
laundry rooms, and community rooms. Smoking would continue to be allowed
within private units and in private patios/balconies.
There are also several areas where the City's current ordinance should be clarified or
modified to better meet the intent of the ordinance.
• Bikeways: The current ordinance prohibits smoking in Class 1 Bike Paths (bike
lanes physically separated from vehicle lanes), Class 2 Bike Lanes (striped bike
lane immediately adjacent to vehicle lanes), and Class 3 Bike Routes (unstriped
bike lanes identified by signage only). Because the definition of a Class 3 Bike
Route includes the vehicle lanes, the current ordinance inadvertently prohibits
smoking inside a private vehicle if it happens to be driven along a Class 3 Bike
Route. To rectify this, the proposed ordinance removes Class 3 Bike Routes
from the definition of a bikeway, where smoking is prohibited.
• Shopping Centers: The current ordinance defines shopping centers as having
25,000 or more square feet of floor area and four or more businesses. If a site is
defined as a shopping center, smoking is prohibited in public places on the site.
However, as a shopping center, the site also then becomes eligible to create a
designated smoking area on the site. The proposed ordinance would redefine
shopping centers more broadly as any parcel of land zoned and used for retail
sales. This would then apply the ordinance restrictions and opportunities to a
large shopping center that happened to have fewer than four tenants, and also a
bona fide shopping center that happened to have under 25,000 square feet of
floor area.
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The City's current smoking ordinance also prohibits smoking within 20 feet of a public
building entrance, exit, or open window. Other cities that have similar prohibitions have
a buffer of 25 feet. State law also restricts smoking within 25 feet of playgrounds and
tot lots. The draft ordinance amends the City's ordinance to match the buffer distances
of other jurisdictions and State law by modifying the required buffer distance from 20
feet to 25 feet.
The draft ordinance also contains one new exemption to the smoking prohibitions, thus
allowing smoking as part of a theatrical production. Smoking would be allowed inside
theatrical production sites if smoking is an integral part of the story in the theatrical
production. California Labor Code Section 6404.5(e)(4) exempts such activity from the
statewide smoking ban on smoking in places of employment. Including this exemption
would allow on-stage and on-camera actors to legally smoke if needed for the
production. Without this exemption, the draft ordinance's ban on smoking in public
buildings and places of employment would effectively prohibit smoking during
performances.
American Lung Association Rating
Through its State of Tobacco Control Program, the American Lung Association provides
letter grade ("A" through "F") ratings to communities to measure their progress in
reducing rates of smoking and other tobacco use, protecting people from secondhand
smoke, and eliminating the death and disease caused by tobacco use. Their 2016
report for Ventura County (Attachment 1) gave Moorpark a "D" rating, although it was
tied for the third-highest rating of the ten cities in Ventura County and the
unincorporated county areas. Ventura and Camarillo each earned a "C" rating. Oxnard,
who was tied with Moorpark as a "D" rating, recently updated its smoking regulations
that are expected to earn them a "B" rating. Oxnard's high rating is largely due to
annual permit and inspection requirements for any business that sells tobacco, even if
as an incidental use (such as a grocery store or gas station). Oxnard's Tobacco
Retailer Permits cost $69 for a new permit and $51 for an annual permit renewal. The
actual changes made by Oxnard consisted of prohibitions on smoking outdoors, similar
to the existing Moorpark ordinance. Since publication of the ALA's 2016 report, the
County of Ventura also updated its smoking ordinance.
The State of Tobacco Control Program awards points to communities in three separate
areas: Smokefree Outdoor Air, Smokefree Housing, and Reducing Sales of Tobacco
Products. In 2016, Moorpark was top-of-the-County in Smokefree Outdoor Air, but
scored zero points in the other two categories. In addition to these three categories,
additional bonus points may be awarded for meeting certain individual criteria.
Staff expects that the adoption of the attached draft ordinance, as well as the zoning
and permitting amendments being considered separately by the City Council, would
improve Moorpark's rating to "C," according to the American Lung Association. An
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explanation of the scoring, as well as a comparison to the City's current ratings, is
shown below. A more detailed scoring breakdown is provided as Attachment 2.
Category Current Rating Expected Rating
Smokefree Outdoor Air A A
Smokefree Housing
Reducing Sales of Tobacco Products
Emerging Issues Bonus Points +0 Points +0 Points
OVERALL RATING
Additional Potential Smoking Regulations
While the changes in the draft ordinance are consistent with previous City Council
policy, the City Council may direct staff to further revise the City's smoking ordinance to
incorporate new policy. Below is a list of regulations that the American Lung
Association, which advocates for stronger regulation of smoking, uses in its State of
Tobacco Control Program scoring.
1) Prohibit smoking in at least 75%, or 100%, of apartment units in the City. This
could be implemented through property managers at apartment complexes and
may be applied to just new apartments (fewer points awarded) or to both new
and existing apartments (more points awarded).
2) Prohibit smoking in at least 75%, or 100%, of condominium units in the City. A
prohibition on 75% of existing condominium units would be difficult to implement
because there is no central authority to easily select which units would be
designated as smoking or non-smoking units. A prohibition of anything less than
100% of condominium units would also be difficult to enforce because an
enforcement entity, such as City Code Compliance or the Moorpark Police
Department, would need to identify whether a particular unit is a smoking or non-
smoking condominium unit before taking any enforcement action. A partial
prohibition would also require an enforcement entity to create and maintain the
list of smoking and non-smoking units.
3) Establish a licensing and inspection program for tobacco retailers. Establishing a
licensing and inspection program for tobacco retailers would create a framework
for tracking tobacco retailers on an ongoing basis and ensuring that they are
complying with all local, state, and federal regulations. However, it would also
require significant staff time to effectively implement, and affected retailers would
have to pay new fees to support the program, including annual fees to cover the
annual inspections. Depending on the scope of the program, additional staff
resources may also be required.
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4) Place restrictions on tobacco retailer locations. The City could place restrictions
on where tobacco retailers could locate. For example, the City could require a
buffer distance from schools or parks, require a buffer distance from other
tobacco retailers to avoid a high concentration of tobacco retailers, or cap the
total number of tobacco retailers allowed in the City. For example, the City of El
Cerrito requires tobacco retailers to locate at least 500 feet from a school, park,
or recreation facility. The City of Berkeley has a 600-foot buffer from schools.
5) Prohibit sampling of tobacco products. This approach would be most easily
implemented in conjunction with an annual licensing and ongoing inspection
system because it would require on-site inspections to enforce.
6) Prohibit sale of tobacco products in pharmacies. A prohibition on sale of tobacco
products in pharmacies would be easily implemented. However, this may be
considered unfair since other retailers (such as convenience stores and grocery
stores) would not have such a restriction. There are currently four pharmacies in
the City, of which two (Walgreens, Rite Aid) sell tobacco products and two (CVS,
Target) do not sell tobacco products.
7) Prohibit flavored tobacco products. This approach would be most easily
implemented in conjunction with an annual licensing and ongoing inspection
system because it would require on-site inspections to enforce.
8) Establish a minimum pack size for cigars. This approach would be most easily
implemented in conjunction with an annual licensing and ongoing inspection
system because it would require on-site inspections to enforce.
It should be noted that some of these would trigger changes to the City's zoning
ordinance, rather than the smoking ordinance. When the Planning Commission
reviewed the City's zoning ordinance amendments related to the sale of smoking
products at its April 25, 2017 meeting, several Commissioners voiced concern with
regulating smoking at private residences.
CEQA
The Community Development Director has reviewed the contents of the draft ordinance
and determined that it is exempt from the provisions of the California Environmental
Quality Act (CEQA) because CEQA only applies to projects that may have a significant
effect on the environment. The Director has concluded that the adoption of this
Ordinance expands upon existing smoking restrictions and does not propose any
construction or any alteration to the physical environment. As such, the ordinance is
exempt from CEQA pursuant to Title 14, Section 15061(b)(3) of the California Code of
Regulations.
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FISCAL IMPACT
The draft smoking ordinance would have a negligible fiscal impact on the City. Insofar
as restrictions on smoking would generally be tightened, the possibility of the City's
Code Compliance Division being deployed to investigate a complaint will increase
slightly. This minimal increase in workload could be absorbed by existing City staff. If
the City Council directs staff to draft additional changes to the smoking ordinance,
additional staff resources may be required to implement them.
STAFF RECOMMENDATION
introduce Ordinance No, for first reading, waive full reading, and place this
ordinance on the agenda for the June 7, 2017 regular meeting for purposes of providing
second reading and adoption of the ordinance.
Attachment 1: American Lung Association Ratings for Ventura County— 2016
Attachment 2: Anticipated American Lung Association Rating
Attachment 3: Current Smoking Ordinance
Attachment 4: Draft Smoking Ordinance
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ATTACHMENT 1
American Lung Association Ratings for Ventura County - 2016
•
AMERICAN
LUNGState of Tobacco Control 2016—California Local Grades
ASSOCIATION<
NSOTC'16
CAUFORNIA LOCAL GRADES
•
111 Zei,010140
VENTURACOUNTY oa cio<<,z
YF o0, bCJc c
Overall Tobacco Control Grade CFDDDFF
Total Points 5 0 4 2 4 0 0 0 3 5 0 �?
5mokefree Outdoor Air AF ADP F F F B B F i
Dining 4 0 4 2 0 0 0 0 2 4 0
Entryways 4 0 4 0 0 0 0 0 4 0 0
Public Events 4 0 4 2 0 0 0 0 3 2 0
Recreation Areas 4 0 4 3 0 0 0 0 2 4 0
Serwce Areas 4 0 4 0 0 2 0 0 4 4 0
Sidewalks 0 0 1 0 0 0 0 0 1 0 0
Worksites 1 0 1 0 0 0 0 0 0 0 0
Total Points 21 0 22 7 0 2 0 0 16 14 0
Smokefroe Housing DF FDF FF F F C F
Nonsmoking Apartments 0 0 0 0 0 0 0 0 0 0 0
Nonsmoking Condominiums 0 0 0 0 0 0 0 0 0 0 0
Nonsmoking Common Areas 4 0 0 2 0 0 0 0 0 4 0
Nonsmoking Housing Authority 0 0 0 0 1 1 0 0 1 1 0
Total Pomca 4 0 D 2 1 1 0 0 1 5 0
,ing .I .fT••. F F F F AFF F F F F
Tobacco Retailer Lrcensmg 0 0 0 0 4 0 0 0 0 0 0
Total Points 0 0 0 0 4 0 0 0 0 0 0
Emerging Issues Bonus Points
Emerging Products Definition-Secondhand Smoke 1 0 0 0 0 0 0 0 0 1 0
Emerging Products Definition•Licensing 0 0 0 0 1 0 0 0 0 0 0
Retailer Location Restrictions 0 0 0 0 0 0 0 0 0 0 0
Sampling of Tobacco Products 0 0 0 1 0 1 0 0 0 1 0
Sale of Tobacco Products in Pharmacies 0 0 0 0 0 0 0 0 0 0 0
•
Flavored Tobacco Products 0 0 0 0 0 0 0 0 0 0 0
Minimum Pack Size of Cigars 0 0 0 0 0 0 0 0 0 0 0
Total Points 1 0 0 1 1 1 0 0 0 2 0
Overall Tobacco Control Grade:A(11-12),B(8-10),C(5-7),D(2-4),F(0-1); Smokefree Housing Grade:A(11+),8(8-10),C(S7),D(2-4),F(0-1)
determined by grades and points from other three categories—A(4),B(3),C(2),0(1),F(0) Reducing Saks of Tobacco Products Grade:A(44 B(3),Cl),( 0(1),F(0)
Smokefree Outdoor Air Grade:A(18o),8(13-17),C(8-12),D(3-7),F(0-2)
gz
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ATTACHMENT 2
Anticipated American Lung Association Rating
The table below compares the City's current rating from the American Lung Association
and the rating expected if the attached draft ordinance is adopted and the separate
zoning ordinance amendments being considered by the City Council tonight are
adopted.
Current Expected
Rating/Points Rating/Points
Smokefree Outdoor Air A A
No Smoking—Dining Areas 4/4 4/4
No Smoking— Entryways (within 20 feet or more) 4/4 4/4
No Smoking—Public Events 4/4 4/4
No Smoking— Recreation Areas 4/4 4/4
No Smoking—Service Areas 4/4 4/4
No Smoking—Sidewalks 1/1 1/1
No Smoking—Outdoor Worksites 1/1 1/1
TOTAL—Smokefree Outdoor Air 22 Points 22 Points
Smokefree Housing F C
No Smoking—Apartments 0/4 0/4
No Smoking—Condominiums 0/4 0/4
No Smoking—Multi-Family Common Areas 0/4 4/4
(indoor and outdoor)
No Smoking— Housing Authority
(Note: Our local Housing Authority is not under 0/0 0/0
Moorpark's control, so no points are possible here)
TOTAL—Smokefree Housing 0 Points 4 Points
Reducing Sales of Tobacco Products F F
Tobacco Retailer Licensing with Sufficient License Fee 0/1 0/1
All Retailers Selling Tobacco Require License 0/1 0/1
Violation of a Local/State/Federal Law Is a Violation of 0/1 0/1
License
Fines and Penalties for Violation of License, Including 0/1 0/1
Suspension and Revocation of License
TOTAL— Reducing Sales of Tobacco Products 0 Points 0 Points
Emerging Issues Bonus Points +0 Points +0 Points
Emerging Products Definition—Secondhand Smoke No Yes
Emerging Products Definition—Licensing No Yes
Retailer Location Restrictions No No
No Sampling of Tobacco Products No No
No Sale of Tobacco Products in Pharmacies No No
No Sale of Flavored Tobacco Products No No
Minimum Pack Sizes of Cigars No No
OVERALL COMMUNITY GRADE D C
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ATTACHMENT 3
Chapter 8.32 PROHIBITING SMOKING IN PUBUC PLACES
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 desigiated by sips.
"Dining area"means any indoor or outdoor nonresidential 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 arca 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 area."
"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 twenty-five thousand(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.(Ord. 377§ 1,2009;Ord. 173 §2, 1993)
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;and
B. In any park,athletic field(including spectator viewing areas),playground,trail,recreational arca or
publicly-owned open space;arid
C. In any outdoor service area;and
D. Within twenty(2(i)feet of the entrance,exit,or open window of any public building;and
E. In indoor or outdoor public places within shopping centers,including parking lots and parking structures;and
F. In any dining area;and
G. Inside any public building;and
FL At any public event:and
I. In any place of employment or work site:
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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;and
K. In any location where food,designated for sale or distribution to the public,is prepared,served,or stored,or
where such food utensils arc cleaned or stored;and
L. On any sidewalk,trail,or bikeway;and
M. In any city-owned parking lot or parking structure. (Ord. 377 § I,2009;Ord. l73 §2, 1993)
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;and
B. Dwellings used for home occupations;and
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:and
D. A maximum of twenty percent(20%)of the guest rooms in hotels and motels;and
F. A designated outdoor smoking area,subject to approval of the community development director,for shopping
centers,public places,or parking lots,provided that:
I. 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 arca,and does not have a dimension on any side less than
five(5)feet,and
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 arca,and
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(t)or more conspicuously displayed sign(s)identifying the arca as a
designated outdoor smoking area as follows: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 long with a pictorial representation of a
burning cigarette;signs shall contain"Designated Smoking Arca"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:and
F. A place of employment which employs only the owner and no other employee,provided that:
l. 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 arca or public place not exempted in this section;and
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:
I. Such pemlit shall be subject to appropriate conditions of approval to limit the duration of such permit and
require compliance with state law,and
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.(Ord.377§ I,
2009;Ord. 173§2, 1993)
8.32.040 Posting of signs.
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Every owner,operator,manager,or other person having control of an enclosed or outdoor no smoking arca 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 multitenant 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 multitenant 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 sips(as described in this section)at all
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 arc 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 multitenant property.
E. The owner,operator,manager,or other person having control of a restaurant shall post sips 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.(Ord.377§ 1,2009;Ord. 173 §2, 1993)
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 arca 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.(Ord.377§ 1,
2009)
8.32.060 Other applicable laws.
This chapter shall not be interpreted or construed to permit smoking where it is othenvisc restricted by other
applicable laws.(Ord. 377§ I,2009;Ord. 173 §2, 1993)
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 arc cumulative and in addition to any other remedies available at law or in equity.(Ord. 377§ I,
2(109;Ord. 173§2, 1993)
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ATTACHMENT 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, AMENDING CHAPTER 8.32,
REGULATING SMOKING IN PUBLIC PLACES, OF TITLE 8,
HEALTH AND SAFETY, OF THE MOORPARK MUNICIPAL
CODE AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on December 19, 1988, the 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
Moorpark 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, on July 1, 2009, the City Council amended Chapter 8.32 in its
entirety, Prohibiting Smoking in Public Places, of the Municipal Code; and
WHEREAS, tobacco use causes death and disease and continues to be an
urgent public health challenge, as evidenced by the following:
• 480,000 people die prematurely in the United States from smoking-
related diseases every year, making tobacco use the nation's leading cause of
preventable death; and
• Tobacco use can cause disease in nearly all organ systems and is
responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive
pulmonary disease deaths, and 32 percent of coronary heart disease deaths; and
WHEREAS, secondhand smoke has been repeatedly identified as a health
hazard, as evidenced by the following:
• The U.S. Surgeon General concluded that there is no risk-free level of
exposure to secondhand smoke; and
• The California Air Resources Board placed secondhand smoke in the
same category as the most toxic automotive and industrial air pollutants by categorizing
it as a toxic air contaminant for which there is no safe level of exposure; and
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• The California Environmental Protection Agency (EPA) included
secondhand smoke on the Proposition 65 list of chemicals known to the State of
California to cause cancer, birth defects, and other reproductive harm; and
WHEREAS, exposure to secondhand smoke anywhere has negative health
impacts, and exposure to secondhand smoke occurs at significant levels outdoors, as
evidenced by the following:
• Levels of secondhand smoke exposure outdoors can reach levels
attained indoors depending on direction and amount of wind and number and proximity
of smokers; and
• Smoking cigarettes near building entryways can increase air pollution
levels by more than two times background levels, with maximum levels reaching the
"hazardous" range on the United States EPA's Air Quality Index; and
• To be completely free from exposure to secondhand smoke in outdoor
places, a person may have to move nearly 23 feet away from the source of the smoke;
and
WHEREAS, exposure to secondhand smoke causes death and disease, as
evidenced by the following:
• Since 1964, approximately 2.5 million nonsmokers have died from health
problems caused by exposure to secondhand smoke; and
• Secondhand smoke is responsible for an estimated 41,300 heart
disease-related and lung cancer-related deaths among adult nonsmokers each year in
the United States; and
• Exposure to secondhand smoke increases the risk of coronary heart
disease by about 25 to 30 percent and increases the risk of stroke by 20 to 30 percent;
and
WHEREAS, tobacco use and exposure to secondhand smoke impose great
social and economic costs, as evidenced by the following:
• Between 2009 and 2012, the total annual economic burden of smoking in
the United States was between S289 billion and $332.5 billion; and
• From 2005 to 2009, the average annual health care expenditures
attributable to smoking were approximately $132.5 billion to $175.9 billion in direct
medical care costs for adults and $151 billion in lost productivity;
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Ordinance No.
Page 3
• The total annual cost of smoking in California was estimated at $548 per
resident or between $2,262 and $2,904 per smoker per year; and
• California's Tobacco Control Program saved the state and its residents
$134 billion in health care expenditures between the year of its inception, 1989, and
2008, with savings growing yearly; and
WHEREAS, laws restricting the use of tobacco products have recognizable
benefits to public health and medical costs with research studies showing that
smokefree policies effectively do the following:
• Reduce tobacco use; and
• Reduce exposure to secondhand smoke; and
• Increase the number of tobacco users who quit; and
• Reduce initiation of tobacco use among young people; and
• Reduce tobacco-related illnesses and death; and
WHEREAS, laws restricting use of electronic smoking devices also have benefits
to the public, as evidenced by the following:
• Research has found at least ten chemicals known to the State of
California to cause cancer, birth defects, or other reproductive harm, such as
formaldehyde, acetaldehyde, lead, nickel, and toluene; and
• Exposure to vapor from electronic smoking devices may cause passive
or secondhand vaping; and
• Use of electronic smoking devices in smokefree locations threatens to
undermine compliance with smoking regulations and reverse the progress that has
been made in establishing a social norm that smoking is not permitted in public places
and places of employment; and
WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot
lots; and
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Ordinance No.
Page 4
WHEREAS, the state smokefree workplace law does not expressly prohibit the use of
electronic smoking devices in enclosed workplaces; and
WHEREAS, the City's Community Development Director has concluded that the
proposed changes to the City's smoking regulations included in this Ordinance are
exempt from review under the California Environmental Quality Act, pursuant to Section
15061(6)(3) of the State CEQA Guidelines, because it can be seen with certainty that
the additional restrictions on smoking that are imposed by this Ordinance will not have
any potentially significant adverse impact on the environment; and
WHEREAS, there is no Constitutional right to smoke.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. CEQA. The City Council hereby concurs with the Development
Director's conclusion that it can be seen with certainty that there is no possibility the
adoption of this Ordinance will have a significant adverse effect on the environment.
The Ordinance does not propose construction or any alteration to the physical
environment. Furthermore, the Ordinance proposes amendments to the City's smoking
regulations that will reduce the public's exposure to the harmful effects of second-hand
smoke. As such, the City Council hereby concludes that this Ordinance is exempt from
California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of
the California Code of Regulations.
SECTION 2. Chapter 8.32 of the Moorpark Municipal Code is hereby replaced in
its entirety consistent with Exhibit A to this ordinance.
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 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 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
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Ordinance No.
Page 5
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 publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of , 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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Page 6
Exhibit A:
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 Prohibition of smoking by private property owner or manager.
8.32.040 Smoking — Permissible smoking areas.
8.32.050 Posting of signs.
8.32.060 Duties of person, employer, business, or non-profit entity.
8.32.070 Other applicable laws.
8.32.080 Violations and penalties.
8.32.010 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as
defined in this section:
A. "Bikeway" means any Class 1 Bike Path or Trail, separated right-of-way for
bicycles, or Class 2 Bike Lane, restricted right-of-way.
B. "Common Area" means every enclosed area and unenclosed area of a multi-
family housing development that residents of more than one unit of that development
are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards,
stairs, community rooms, playgrounds, gym facilities, swimming pools, parking areas,
restrooms, laundry rooms, cooking areas, and eating areas.
C. "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 of a business.
D. "Electronic Smoking Device" means an electronic or battery-operated device that
delivers vapors of nicotine and/or other substances for inhalation. This term includes
every variation and type of such device, whether manufactured, distributed, marketed,
or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an
electronic pipe, a vapor cigarette, or any other similar product. This term does not
include any product specifically approved by the United States Food and Drug
Administration for use in the mitigation, treatment, or prevention of diseases.
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Ordinance No.
Page 7
E. "Employee" means any person who is employed or retained as an independent
contractor by any employer in consideration for direct or indirect monetary wages or
profit, or any person who volunteers his or her services for an employer.
F. "Employer" means any business or non-profit entity that retains the service of
one or more employees.
G. "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.
H. "Family Day Care Facility" means a home providing day care for children, which
is subject to state and/or county licensing requirements.
I. "Place of Employment" means any enclosed area under the control of the city or
private employer or any outdoor working area, such as a construction area, which
employees normally frequent during the course of employment.
J. "Public Building" means any building to which the public is invited or in which the
public is permitted.
K. "Public Event" means any art show, fair, parade, firework display, sports activity,
or any other similar event in a public place within the City, regardless of any fee or age
requirements.
L. "Public Place" means any area to which the public is invited or in which the public
is permitted, regardless of any fee or age requirement or whether publicly or privately
owned.
M. "Residential Care Home" means a home providing 24-hour care for children,
adults, or elderly persons, which is subject to state and/or county licensing
requirements.
N. "Retail Smoking Products Store" means any retail business establishment where
at least fifty percent (50%) of product display area is for smoking products, including but
not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E-
liquids and supplies, and smoking supplies and accessories. A retail smoking products
store does not include marijuana dispensaries or marijuana bakeries.
0. "Separate Ventilation System" means a system which is exhausted to the outside
and negatively pressurized.
P. "Service Area" means any publicly or privately owned area where people use or
wait to receive a service or make a transaction, whether or not such service or
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Ordinance No.
Page 8
transaction includes the exchange of money. Service areas include, but are not limited
to, areas including or adjacent to information kiosks, bus stops, train stations,
Automated Teller Machine (ATM) lines, information kiosks, mobile vendor lines, and
theatre lines.
Q. "Shopping Center" means any parcel of land zoned and used for retail sales.
R. "Smoke" or "Smoking" means inhaling, exhaling, burning, or carrying any lighted
or activated cigar, cigarette, electronic smoking device (e-cigarette), or pipe containing
any tobacco, marijuana, crack cocaine, weed, plant, or other combustible substance in
any manner or in any form. "Smoke" does not mean the combustion of material solely
for olfactory purposes such as, for example, smoke from incense that does not contain
any tobacco or nicotine, or the emissions from a product specifically approved by the
United States Food and Drug Administration for use in mitigating or preventing disease.
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 park, sidewalk, bikeway, athletic field (including spectator viewing areas),
playground, trail, recreational area, or publicly-owned open space;
B. In indoor or outdoor public places within shopping centers, including parking lots
and parking structures;
C. Within twenty-five (25) feet of the entrance, exit, or open window of any public
building, or any outdoor dining area;
D. In any outdoor service area or any public building, including indoor and outdoor
reception and waiting areas;
E. In any dining area, or 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;
F. Within buses, taxicabs, and other means of public transit provided by or under
the authority of the City and at ticket, boarding, and waiting areas of public transit
shelters, stops, and stations;
G. Within any indoor or outdoor common area within residential developments;
H. In any enclosed area or outdoor place of employment or work sites, except as
provided in Section 8.32.040.D;
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Ordinance No.
Page 9
I. In any family day care facility or residential care home;
J. Hotel and motel facilities, except as provided in Section 8.32.040.B;
K. At any public event;
L. In any elevator;
M. At polling places;
N. In any city-owned parking lot or parking structure;
0. In schools;
P. In public restrooms.
8.32.030. Prohibition of smoking by private property owner or manager.
Nothing in this Chapter shall prohibit any owner, operator, manager, employer, non-
profit entity, or other person with legal control over any property from prohibiting
smoking on any part of such property, even if smoking is not otherwise prohibited in that
area and whether the area is enclosed or not.
8.32.040. Smoking — Permissible smoking 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 day care facility or residential
care home.
B. A maximum of twenty percent (20%) of the guest rooms in hotels and motels.
C. A retail smoking products store, provided it is located twenty-five (25) feet or
more from any opening of a private residence, has a separate ventilation system, and
does not share a ventilation system with any other enclosed area or public place not
otherwise exempted in this section. This section does not apply to the smoking of
marijuana, which shall be prohibited in retail smoking product stores.
D. A place of employment that employs only the owner and no other employee,
independent contractor, or volunteer, provided that:
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Ordinance No.
Page 10
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 otherwise
exempted in this section.
E. Theatrical production sites, if smoking is an integral part of the story in the
theatrical production, as specified in Section 6404.5(e)(4) of the California Labor Code.
F. 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; and
2. The smoking area is not located within twenty-five (25) feet of any outdoor
service area; entrance, exit, or open window of any public building; or dining
area; and
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 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.
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; and
2. Such permit shall limit, to the extent feasible, exposure of nonsmoking
persons to secondhand smoke; and
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Ordinance No.
Page 11
3. An Administrative Permit for a recurring event shall be subject to renewal
every six (6) months.
8.32.050. Posting of signs.
Every owner, operator, manager, employer, or other person having control of an
enclosed or outdoor area where smoking is prohibited by this Chapter shall clearly and
conspicuously post "No Smoking" signs 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).
8.32.060. Duties of person, employer, business, or non-profit entity.
A. No person, employer, business, or non-profit entity shall knowingly permit
smoking or place ash receptacles in an area which is under the control of the person,
employer, business, or non-profit entity in which smoking is prohibited by this Chapter or
by other law, unless the person, employer, business, or non-profit entity is otherwise
compelled to do so under State or Federal law.
B. No person, employer, business, or non-profit entity shall intimidate, threaten any
reprisal, or effect any reprisal for the purpose of retaliating against another person,
employee, or applicant for employment, who seeks to attain compliance with this
Chapter, or who is exercising any right to a smoke-free environment afforded by this
Chapter.
8.32.070. Other applicable laws.
A. This Chapter shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable laws.
B. It is not the intention of this Chapter to regulate any conduct where the regulation
of such conduct has been preempted by the State of California.
8.32.080. Violations and Penalties.
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.
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