HomeMy WebLinkAboutOrd. 1567-2018 (18-1055)City of South San Francisco P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
' City Council
Ordinance: ORD 1567 -2018
File Number: 18 -1055 Enactment Number: ORD 1567 -2018
AN ORDINANCE AMENDING SOUTH SAN FRANCISCO
MUNICIPAL CODE CHAPTER 8.50 TO PROHIBIT RETALIATION
AGAINST INDIVIDUALS WHO REPORT VIOLATIONS OF THE
CITY'S SMOKING ORDINANCE.
WHEREAS, the City of South San Francisco ( "City ") received a report from the 2017 -2018 Grand Jury
dated July 26, 2018 entitled "Smoke -Free Multiunit Housing: No Ifs, Ands, Or Butts" ( "Grand Jury
Report); and
WHEREAS, Grand Jury Report recommendation R2 states that by no later than December 31, 2018, the
City should amend its smoking ordinance to prohibit retaliation against individuals who report violations
of the City's smoking ordinance; and
WHEREAS, the City adopted its smoking ordinance in 1987 and it is codified in South San Francisco
Municipal Code Chapter 8.50 "Regulation of Smoking "; and
WHEREAS, Chapter 8.50 was last revised in 2016 to restrict the use of electronic smoking devices; and
WHEREAS, Section 8.50.030 prohibits smoking within multi -unit residences, which is any property
with two or more units and has at least one or more shared walls, floors, or ceilings, or has a shared
ventilation system; and
WHEREAS, Section 8.50.080 authorizes any owner, manager, operator, employer or employee of any
establishment regulated by the City's smoking ordinance to inform persons who violate Chapter 8.50
that such violation is a public nuisance and may be subject to an enforcement action by the City as
authorized by state law; and
WHEREAS, the City desires to implement the recommendation from the Grand Jury Report and revise
Section 8.50.080 to prohibit retaliation against individuals who report violations of the City's smoking
ordinance
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals.
The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated
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File Number. 18 -1055
herein by reference.
SECTION 2. Amendments
Enactment Number. ORD 1567 -2018
Chapter 8.50 of the South San Francisco Municipal Code is hereby amended to read as follows:
Section 8.50.080 Violations
(a) Any owner, manager, operator, employer or employee of any establishment regulated by this chapter
shall have the right to inform persons violating this chapter of the appropriate provisions thereof.
(b) Any violation of this chapter shall be and is hereby declared to be a public nuisance, and may be
abated as such through appropriate civil proceedings brought by the City.
(c) Any person violating any of the provisions of this chapter not superseded by state or federal law
shall be guilty of an infraction. Upon conviction of an infraction, a person shall be subject to payment of
a fine, not to exceed the limits set forth in California Government Code Section 36900.
(d) Any violation of this chapter that is also a violation of state law may be subject to an enforcement
action by the City as authorized by state law._
(e) No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain
compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another
person to secondhand smoke in response to that person's effort to achieve compliance with this chapter.
Violation of this subsection shall constitute a misdemeanor.
SECTION 3. Severability
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and the application of such provision to other persons or circumstances
shall not be affected thereby.
SECTION 4. Compliance with the California Environmental Quality Act
The approval of this ordinance is exempt from the California Environmental Quality Act (Public
Resources Code §§ 21000 et seq., "CEQA," and 14 Cal. Code Reg. §§ 15000 et seq., "CEQA
Guidelines "). This action is not a project within the meaning of the California Environmental Quality
Act (CEQA) Guidelines Section 15378 and 15061(b)(3) as it will not result in any direct or indirect
physical change in the environment. Therefore, pursuant to CEQA Guidelines section 15060, CEQA
analysis is not required.
SECTION 5. Effective Date of Ordinance and Publication
This Ordinance shall be in full force and effect thirty (30) days after its final passage. A summary of this
Ordinance shall be published within fifteen (15) days after the adoption, together with the names of
those City Councilmembers voting for or against it, in the South San Francisco Examiner, a newspaper
of general
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File Number. 18 -1055
Enactment Number. ORD 1567 -2018
circulation in the City of South San Francisco, in accordance with Government Code Section 36933.
Introduced at a regular meeting of the City Council of the City of South San Francisco held the 28th day of
November 2018.
At a meeting of the City Council on 12/12/2018, a motion was made by Flor Nicolas, seconded by Mark
Nagales, that this Ordinance be adopted. The motion passed.
Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by
osa Govea Acosta
Ka tsumoto, Mayor
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