HomeMy WebLinkAboutAGENDA REPORT 2017 1206 CCSA REG ITEM 09C ITEM 9.C.
nitoCF rViOC ?ARK,CALIFORNIA
CM;Cotrncii Meeting
MOORPARK CITY COUNCIL ACTION:_amA4da,Azi,
AGENDA REPORT
TO: Honorable City Council
'
FROM: Brian Chong, Assistant to the City Manager ;
DATE: November 27, 2017 (CC Regular Meeting of 12/6/17)
SUBJECT: Consider an Ordinance Amending Chapter 8.32, Regulating
Smoking in Public Places, of Title 8, Health and Safety, of the
Moorpark Municipal Code, to Clarify Restrictions on Smoking
in Public Places and Add Restrictions on Smoking in Multi-
Unit
11__ _I______ and Determination
L•_� T 1__t This
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Residences, a Determination 1 hat 1 his Action Is
Exempt from the California Environmental Quality Act
BACKGROUND
On June 7, 2017, the City Council adopted Ordinance No. 448, which updated the City's
Smoking in Public Places Ordinance (Smoking Ordinance) to comply with current state
law and to apply to vaping, smoking of electronic cigarettes, and smoking of marijuana.
The City Council also directed staff to research four other possible amendments to the
Smoking Ordinance. On September 20, 2017, the City Council reviewed the four
potential amendments and directed staff to initiate a Municipal Code Amendment to
prohibit smoking in all apartment units City-wide. Managers at all six apartment
complexes that responded to staff's inquiries (out of seven total) indicated support for a
Citywide smoking ban inside apartment units at that time.
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
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Honorable City Council
CC Regular Meeting of 12/6/17
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• 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
• Outdoor service areas
DISCUSSION
The attached draft ordinance (Attachment 1), which has been reviewed by the City
Attorney, would prohibit smoking inside apartment units, allow apartment
owners/managers to designate outdoor smoking areas if they desire, and clean up
existing language regarding the prohibition of smoking on City-owned properties.
Prohibition of Smoking in Apartments
The draft Ordinance would broadly prohibit smoking in apartment units, including any
attached balconies, patios, porches, and decks.
Implementation of the ordinance would be phased in beginning on February 1, 2018,
with the smoking prohibition being integrated into new leases as existing leases are
expired, renewed, or amended, or by February 1, 2019 at the latest. Sample lease
language included in the ordinance may be used by apartment owners/managers for
their convenience, but the ordinance also allows flexibility for owners/managers to alter
the language as long as it is substantially similar.
In addition to incorporating non-smoking provisions into leases, apartment
owners/managers would be required to take several other actions by the proposed
ordinance:
• Remove ash trays, ash cans, etc. from non-smoking common areas, if any.
• Post "No Smoking" signs as appropriate.
• Provide written notice to all tenants advising them of the new smoking
requirements, for apartment complexes where smoking is not already prohibited.
Designated Outdoor Smoking Areas at Apartments
The draft ordinance would also allow apartment complex owners to designate a
permissible smoking area on the property, subject to approval of the Community
Development Director through a similar process that shopping center owners may
already use under the City's existing smoking ordinance. The existing ordinance also
allows apartment complex owners to prohibit smoking entirely on their properties if they
choose to do so.
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CC Regular Meeting of 12/6/17
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To prevent the designation of an outdoor smoking area immediately adjacent to certain
areas, the draft ordinance requires that a designated outdoor smoking area must be at
least 25 feet away from a playground or an entrance, exit, or operable window of any
building. Examples of eligible locations for a designated outdoor smoking area are
shown below:
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Moorpark Pines Apartments: Potential Designated Outdoor Smoking Areas
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Honorable City Council
CC Regular Meeting of 12/6/17
Page 4
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Honorable City Council
CC Regular Meeting of 12/6/17
Page 5
Outreach
There are seven apartment complexes in Moorpark. As discussed in the City Council
staff report dated September 14, 2017, six responded to the City's initial survey to
gauge support for a potential smoking ban, and all six voiced support. Four of them
already prohibited smoking inside their apartment units at the time and therefore would
not be significantly impacted by the draft ordinance.
After drafting the ordinance, staff reached out again to all seven apartment complexes
in the City, including Moorpark Pines Apartments, which did not previously respond to
staff's message. The four apartment complexes that currently prohibit smoking in
apartment units are all supportive of the ordinance.
The manager of The Ranch Apartments, where smoking is currently allowed in
apartments, reviewed the draft ordinance and voiced support for the ordinance.
The manager of the Moorpark Pines Apartments voiced opposition to the ordinance,
citing the difficulty of enforcement. Smoking is currently permitted in apartments within
the complex.
The Waterstone Apartments have a new manager since staff's initial survey, and the
new manager is opposed to prohibiting smoking inside apartment units. She stated that
smoking complaints at the complex are not too common — which matches the previous
manager's statement — but that they do not have a large problem with smoking-
damaged units. She further expressed concern that prohibiting the smoking of
marijuana in units may result in a congregation of people smoking marijuana outdoors in
a designated smoking area. It should be noted that the draft ordinance would allow the
apartment complex to decide to prohibit smoking of marijuana entirely if it so desired;
the City's ordinance would not prohibit it.
Clean-Up Language
Additionally, the draft ordinance clarifies that smoking is prohibited in all City-owned
buildings, facilities, properties, and parks. While staff believes the existing ordinance
already prohibits smoking in these locations (through prohibitions in "any park," "any
public building," and "sidewalk," the phrase "City-owned" only appears in MMC Section
8.32.020.N in reference to parking lots and parking structures. The draft ordinance
would add City-owned buildings, facilities, properties, and parks specifically to this
section.
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
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CC Regular Meeting of 12/6/17
Page 6
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.
FISCAL IMPACT
The draft smoking ordinance would have a negligible fiscal impact on the City. Staff
anticipates that the smoking prohibition inside apartment units would be primarily
enforced by apartment complex owners/managers as they receive complaints from
other tenants. The City's Code Compliance Division could receive an occasional
complaint of smoking in an apartment unit, but this minimal increase in workload could
be absorbed by existing City staff.
STAFF RECOMMENDATION
Introduce Ordinance No. for first reading, waive full reading, and place this
ordinance on the agenda for the December 20, 2017 regular meeting for purposes of
providing second reading and adoption of the ordinance.
Attachment 1: Draft Smoking Ordinance
Attachment 2: Existing Smoking Ordinance
325
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE 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 TO
CLARIFY RESTRICTIONS ON SMOKING IN PUBLIC PLACES
AND ADD RESTRICTIONS ON SMOKING IN MULTI-UNIT
RESIDENCES 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, on June 7, 2017, the City Council amended Chapter 8.32 in its
entirety, Prohibiting Smoking in Public Places, of the Municipal Code; and
WHEREAS, on September 20, 2017, the City Council directed staff to initiate a
Municipal Code Amendment to prohibit smoking inside apartment units Citywide; 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
1 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of
Progress A Report of the Surgeon General Executive Summary. 2014.
326
Ordinance No.
Page 2
• 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;2 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;3 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:4'6 and
• 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;6 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;7'8 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 Indee and
2 U.S. Surgeon General. Factsheet: The Health Consequences of Smoking-50 Years of Progress:A
Report of the Surgeon General. 2014.
3 U.S. Department of Health and Human Services. 2006 Surgeon General's Report—The Health
Consequences of Involuntary Exposure to Tobacco Smoke. 2006.
California Environmental Protection Agency Air Resources Board. Environmental Tobacco Smoke: A
Toxic Air Contaminant. California Environmental Protection Agency Air Resources Fact Sheet. 2006.
5 California Environmental Protection Agency Air Resource Board. California Identifies Secondhand
Smoke as a "Toxic Air Contaminant."News Release. 2006.
6 Chemicals known to the state to cause cancer or reproductive toxicity. State of California Environmental
Agency Office of Health Hazard Assessment Safe Drinking Water and Toxic Enforcement Act of 1986.
2015.
7 Klepeis N, Ott W, Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke
Concentrations:A Pilot Study. 2004.
8 Klepeis NE, Ott WR, Switzer P. Real-time measurement of outdoor tobacco smoke particles. J Air
Waste Manag Assoc. 2007;57(August 2013):522-534. doi:10.3155/1047-3289.57.5.522.
327
Ordinance No.
Page 3
• 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;8'9 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;2'10 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;10 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;11, 2 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 $289 billion and $332.5 billion;1 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;1 and
• 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;13 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;13 and
9 Repace J. Benefits of Smokefree Regulations in Outdoor Settings: Beaches, Golf Courses, Parks,
Patios, and in Motor Vehicles. William Mitchell Law Rev. 2008;34(4):1621-1638.
10 Centers for Disease Control and Prevention. Secondhand Smoke (SHS) Facts. 2014.
11 Institute of Medicine. Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the
Evidence. Washington, DC. 2010.
12 U.S. Department of Health and Human Services. The Health Consequences of Smoking— 50 Years of
Progress A Report of the Surgeon General. 2014.
13 Lightwood J, Glantz S a. The effect of the California tobacco control program on smoking prevalence,
cigarette consumption, and healthcare costs: 1989-2008. PLoS One. 2013;8(2):e47145.
doi:10.1371/journal.pone.0047145.
328
Ordinance No.
Page 4
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:14
• 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 that liquids and/or aerosols in electronic smoking
devices contain 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;6,15,16,17,18,19,20 and
• Exposure to vapor from electronic smoking devices may cause passive
or secondhand vaping;18,20'21 and
• Use of electronic smoking devices in smokefree locations threatens to
undermine compliance with smoking regulations and reverse the progress that has
14 Guide to Community Preventive Services. Reducing Tobacco Use and Secondhand Smoke Exposure:
Smoke-Free Policies. 2012.
15 California Department of Public Health California Tobacco Control Program. State Health Officer's
Report on E-Cigarettes:A Community Health Threat. Sacramento, CA.
16 Grana R, Benowitz N, Glantz S. Background Paper on E-cigarettes (Electronic Nicotine Delivery
S7stems). 2013.
1 Williams M, Villarreal A, Bozhilov K, Lin S, Talbot P. Metal and silicate particles including nanoparticles
are present in electronic cigarette cartomizer fluid and aerosol. PLoS One. 2013;8(3):e57987.
doi:10.1371/journal.pone.0057987.
18 German Cancer Research Center. "Electronic Cigarettes-An Overview"Red Series Tobacco
Prevention and Control. Heidelberg. 2013.
19 Goniewicz ML, Knysak J, Gawron M, et al. Levels of selected carcinogens and toxicants in vapour from
. electronic cigarettes. Tob Control. 2013;1:1-8. doi:10.1136/tobaccocontrol-2012-050859.
20 Schripp T, Markewitz D, Uhde E, Salthammer T. Does e-cigarette consumption cause passive vaping?
Indoor Air. 2013;23(1):25-31. doi:10.1111/j.1600-0668.2012.00792.x.
21 Schober W, Szendrei K, Matzen W, et al. Use of electronic cigarettes(e-cigarettes) impairs indoor air
quality and increases FeNO levels of e-cigarette consumers. Int J Hyg Environ Health. 2013.
doi:10.1016/j.ij heh.2013.11.003.
329
Ordinance No.
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been made in establishing a social norm that smoking is not permitted in public places
and places of employment;22 and
WHEREAS, smoking in multi-unit residences creates particular health risks for
persons living in these residences, where air ventilation systems allow secondhand
smoke to travel from one unit to an adjacent or attached unit, and tenants of rental
apartment buildings are especially vulnerable to the health risks because of the typical
physical structure of apartment buildings; and
WHEREAS, research has shown the marijuana smoke contains a similar range
of harmful chemicals to that of tobacco smoke;23 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(B)(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 Title 8 of the Moorpark Municipal Code is hereby
amended as shown in Exhibit A, attached hereto and incorporated herein, to prohibit
smoking in multi-unit residences and to clarify that smoking is prohibited at all City-
owned buildings and properties.
22 McMillen R, Maduka J, Winickoff J. Use of emerging tobacco products in the United States. J Environ
Public Health. 2012;2012. doi:10.1155/2012/989474.
23 Hoffmann D, Brunneman DIS Gori BG, Wynder EL. On the carcinogenicity of marijuana smoke. Recent
Advances in Phytochemistry. 1975;9(63-81).
330
Ordinance No.
Page 6
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.
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 written record of the passage and adoption thereof in the minutes 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
Exhibit A: Chapter 8.32
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Ordinance No.
Page 7
Exhibit A
Chapter 8.32
■ - e _ lie .
PROHIBITIONS ON SMOKING
Sections:
8.32.010 Definitions.
8.32.020 Prohibition of smoking in public places.
8.32.030 Prohibition of smoking in multi-unit apartment buildings
8.32.0340 Prohibition of smoking by private property owner or manager.
8.32.0450 Smoking — Permissible smoking areas.
8.32.0560 Posting of signs.
8.32.0670 Duties of person, employer, business, or non-profit entity.
8.32.0780 Other applicable laws.
8.32.0890 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 residence or 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 8
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. "Existing Lease" means any lease or rental agreement that allows a person to
occupy a unit that was entered into before February 1, 2018.
WI. "Family Day Care Facility" means a home providing day care for children, which
• is subject to state and/or county licensing requirements.
J. "Landlord" means any person who owns property that is leased for residential
use.
K. "Multi-unit Residence" means a residential property containing two or more units
on the same lot, where one or more of the units are offered for rent. The following types
of housing are specifically excluded from this definition:
1. A single-family home;
2. A detached or attached accessory dwelling unit on a property zoned to
allow single-family uses
3. Hotels and motels; and
4. A community apartment project, condominium project, or stock
cooperative, as defined in the Davis-Stirling Common Interest
Development Act (California Civil Code § 4000 et seg.).
L. "New Lease" means any lease or rental agreement that allows a person to
occupy a unit that was entered into, amended, or renewed on or after February 1, 2018.
This includes any month-to-month lease that is renewed on or after February 1, 2018.
TM. "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.
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Ordinance No.
Page 9
4N. "Public Building" means any building to which the public is invited or in which the
public is permitted.
140. "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.
I LP. "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.
I MO. "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.
NR. "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.
I QS.. "Separate Ventilation System" means a system which is exhausted to the outside
and negatively pressurized.
RT. "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
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.
4U. "Shopping Center" means any parcel of land zoned and used for retail sales.
RV. "Smoke" or "Smoking" means holding, inhaling, exhaling, burning, eF-carrying or
operating any lighted or activated cigar, cigarette, electronic smoking device (e-
cigarette), ef-pipe, or other smoking device 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.
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Ordinance No.
Page 10
W. "Unit" means any personal dwelling space in a multi-unit residence, and shall
include any associated exclusive-use area, including, but not limited to, a private
balcony, porch, deck, or patio.
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, except as provided in Section 8.32.040.
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 housing
developments, except in a designated outdoor smoking area as described in Section
8.32.030.050.G;
H. In any enclosed area or outdoor place of employment or work sites, except as
provided in Section 8.32.0/IO.D 8.32.050.D;
In any family day care facility or residential care home;
J. Hotel and motel facilities, except as provided in Section 8.32.040.B 8.32.050.B;
K. At any public event;
L. In any elevator;
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Ordinance No.
Page 11
M. At polling places;
N. In any city-owned building, facility, property, parking lot or parking structure;
O. In schools;
P. In public restrooms.
8.32.030. Prohibition of smoking in multi-unit apartment buildings.
Smoking in multi-unit residences shall be governed by the following rules:
A. Beginning February 1, 2018, the following regulations apply:
1. Smoking is prohibited in all common areas, except in a designated
outdoor smoking area as described in Section 8.32.030.050.G.
2. Smoking is prohibited in all units governed by a new lease.
3. A landlord shall not permit the presence of ash trays, ash cans, or other
receptacles designed for, or primarily used for, the disposal of smoking waste within any
common area, except in a designated outdoor smoking area as described in Section
8.32.030.050.G.
4. Every new lease shall include a provision substantially consistent with the
following: "Moorpark Municipal Code Section 8.32.030 prohibits smoking in all common
areas in a multi-unit residence, and in all units governed by a lease that was entered
into, renewed, or amended after February 1, 2018. It is a material breach of this lease
for the tenant, or any other person subject to the control of the tenant or resident by
invitation or permission of the tenant, to engage in smoking on the property, including in
the unit and common areas (as those terms are defined in Moorpark Municipal Code
Section 8.32.010), or to violate any law regulating smoking while anywhere on the
property.
B. On or before February 1, 2018, the following regulations apply:
1. The landlord shall post, or shall cause to be posted, clear and
unambiguous "No Smoking" signs in sufficient numbers and locations in the multi-unit
residence to make it obvious to a reasonable person that smoking is prohibited in all
common areas. The signs shall have letters of no less than one inch in height or
contain the international "No Smoking" symbol (consisting of a pictorial representation of
a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be
maintained by the landlord. The absence of signs shall not be a defense to a violation
of any provision of this chapter.
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2. The landlord shall provide written notice to all tenants whose units are
governed by an existing lease stating that: (1) smoking is prohibited in all common
areas of the multi-unit residence beginning February 1, 2018, except in a designated
outdoor smoking area, (2) any unit that is governed by a lease that was entered into on
or after February 1, 2018 is designated as a non-smoking unit, and (3) any unit that is
governed by a lease that was entered into before February 1, 2018 will be designated
as a non-smoking unit when the lease is renewed or extended, or February 1', 2019,
whichever is earlier, unless an earlier date is chosen by the landlord. The landlord does
not need to comply with this provision if smoking is already prohibited in all common
areas and units in the multi-unit residence.
C. In addition to the above, beginning February 1, 2019, smoking is prohibited in all
units in a multi-unit residence.
D. If the landlord has fully complied with subdivisions A.4, B.1, and B.2 herein, the
landlord shall not be criminally or civilly liable to any person for a person's breach of any
smoking provision while in the multi-unit residence.
•
I 8.32.0308.32.040. 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.-0408.32.050. 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, and except that "private residences" shall not include a unit in, or any
portion of, a multi-unit residence.
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.
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Page 13
D. A place of employment that employs only the owner and no other employee,
independent contractor, or volunteer, 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 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. A designated outdoor smoking area, subject to approval of the Community
Development Director, for multi-unit residences 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 a
playground or an entrance, exit, or operable window of any building; and
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Ordinance No.
Page 14
3. Appropriate ash can(s) are placed in the smoking area and are maintained
regularly by the owner, operator, or manager of the designated outdoor 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 shall
be no smaller than three (3) inches high and eight (8) inches long with a pictorial
representation of a burning cigarettte; signs shall contain "Designated Smoking Area"
and shall be posted prominently between five (5) and seven (7) feet above the floor or
ground; and all signs are subject to approval of the Community Development Director.
Signs with arrows directing the public to the smoking area may be allowed.
GH. 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
3. An Administrative Permit for a recurring event shall be subject to renewal
every six (6) months.
I 8.32.0508.32.060. 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).
I 8.32.0608.32.070. 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,
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Ordinance No.
Page 15
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.
I 8.32.0708.32.080. 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.
I 8.32.0808.32.090. 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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ATTACHMENT 2
CITY OF MOORPARK EXISTING ORDINANCE
Chapter 8.32 PROHIBITING SMOKING IN PUBLIC 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; or
Class 2 bike lane, restricted right-of-way.
"Common area" means every enclosed area and unenclosed area of a multi-family
housing development that residents of more than one (1) 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.
"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 of
a business.
"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.
"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.
"Employer" means any business or nonprofit entity that retains the service of one (1) or
more 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.
"Family day care facility" means a home providing day care for children, which is subject
to state and/or county licensing requirements.
"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.
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"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, regardless of any fee or age requirements.
"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.
"Residential care home" means a home providing twenty-four (24) hour care for children,
adults, or elderly persons, which is subject to state and/or county licensing requirements.
"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.
"Separate ventilation system" means a system which is exhausted to the outside and
negatively pressurized.
"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 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.
"Shopping center" means any parcel of land zoned and used for retail sales.
"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. (Ord. 448 § 2, 2017; 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 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 structuress;
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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);
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;
O. In schools;
P. In public restrooms. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)
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. (Ord. 448 § 2, 2017)
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.
343
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:
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 (1) 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
344
2. Such permit shall limit, to the extent feasible, exposure of nonsmoking persons to
secondhand smoke; and
3. An administrative permit for a recurring event shall be subject to renewal every
six (6) months. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)
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).
(Ord. 448 § 2, 2017; Ord. 377 § 1, 2009; Ord. 173 § 2, 1993)
8.32.060 Duties of person, employer, business, or nonprofit entity.
A. No person, employer, business, or nonprofit entity shall knowingly permit
smoking or place ash receptacles in an area which is under the control of the person, employer,
business, or nonprofit entity in which smoking is prohibited by this chapter or by other law,
unless the person, employer, business, or nonprofit entity is otherwise compelled to do so under
state or federal law.
B. No person, employer, business, or nonprofit 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. (Ord. 448 § 2, 2017; Ord. 377 §
1, 2009)
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. (Ord. 448 § 2, 2017; Ord. 377 §
1, 2009; Ord. 173 § 2, 1993)
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. (Ord. 448 § 2, 2017; Ord. 377 § 1, 2009;
Ord. 173 § 2, 1993)
•
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